Oranga Tamariki Act 1989

Miscellaneous provisions - Care and protection co-ordinators and youth justice co-ordinators

427: Delegation of functions of care and protection co-ordinator or youth justice co-ordinator to social worker

You could also call this:

"Some jobs of care and protection or youth justice co-ordinators can be given to social workers."

Illustration for Oranga Tamariki Act 1989

A care and protection co-ordinator or a youth justice co-ordinator can give some of their jobs to a social worker. They can choose a social worker who they think is suitable because of their training or experience. You can read more about what an approved service is in section 423(1A)(b).

When a care and protection co-ordinator or a youth justice co-ordinator gives a social worker some of their jobs, they must write it down. They can also say what terms and conditions the social worker must follow. The care and protection co-ordinator or the youth justice co-ordinator, or the chief executive, can cancel the social worker's jobs at any time by writing it down.

If a social worker is given some jobs, they can do those jobs as if they were given the jobs directly. People will assume that the social worker is doing their jobs correctly, unless someone can prove otherwise. The care and protection co-ordinator or youth justice co-ordinator can still do their jobs, even if they give some of them to a social worker.

If a care and protection co-ordinator or a youth justice co-ordinator stops working, the jobs they gave to a social worker will still be valid until the chief executive cancels them. The social worker can keep doing their jobs until the chief executive says they must stop.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM155033.

Topics:

Family and relationships > Children and parentingGovernment and voting > Government departments

426: Duties of youth justice co-ordinator, or

"What a youth justice co-ordinator has to do to help young people who have done something wrong"

428: Care and protection resource panels, or

"Groups that help keep children and young people safe and supported"

Part 10Miscellaneous provisions
Care and protection co-ordinators and youth justice co-ordinators

427Delegation of functions of care and protection co-ordinator or youth justice co-ordinator to social worker

A care and protection co-ordinator or a youth justice co-ordinator may, from time to time, delegate to any social worker (being a social worker who is, in the opinion of that co-ordinator, suitable by reason of that social worker’s training or experience to carry out that function or power) any function or power of that co-ordinator under this Act.
Subsection (1) does not apply to a care and protection co-ordinator, or to a youth justice co-ordinator, who is an employee of an approved service (as defined in section 423(1A)(b)).
Every delegation under subsection (1)—
shall be in writing:
may be given on such terms and conditions as the co-ordinator thinks fit:
shall be revocable in writing at will by the co-ordinator or the chief executive.

Subject to any terms or conditions imposed by the co-ordinator, a social worker to whom any functions or powers are delegated under subsection (1) may exercise those functions or powers as if they had been conferred on that person directly by this Act and not by delegation.
Every person purporting to act pursuant to any delegation under subsection (1) shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.
No delegation under subsection (1) shall affect or prevent the exercise of any function or power by the care and protection co-ordinator or youth justice co-ordinator who made the delegation.
Any delegation under subsection (1), until it is revoked by the chief executive, shall continue in force according to its tenor, notwithstanding that the care and protection co-ordinator or youth justice co-ordinator by whom the delegation was made may have ceased to hold office.

Notes

Section 427(1): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
Section 427(1A): inserted, on 30 June 2016, by section 42 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
Section 427(2)(c): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
Section 427(6): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).