Oranga Tamariki Act 1989

Miscellaneous provisions - Offences

446B: Offences available if child or young person is subject of certain protection orders or proceedings under Part 3A

You could also call this:

"Breaking the law to harm a child with a protection order is a serious offence."

Illustration for Oranga Tamariki Act 1989

If you do something wrong to a child or young person who has a certain kind of protection order, you can be charged with an offence against section 446. It does not matter where the wrong thing happened - it could be in New Zealand or in another country.

If you do something wrong that is against the law in another country, as well as against section 446, and you have already been dealt with for that in the other country, you cannot be charged with an offence against section 446 in New Zealand.

Before you can be charged with an offence against section 446 for something that happened outside New Zealand, the Attorney-General must be asked for their opinion.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM155077.


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446A: Children and young persons to whom section 446B applies, or

"Kids and teens with ongoing protection orders or court cases that might be moved to another country"


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447: Regulations, or

"Rules made by the Governor-General to help keep children in New Zealand safe and cared for"

Part 10Miscellaneous provisions
Offences

446BOffences available if child or young person is subject of certain protection orders or proceedings under Part 3A

  1. If this section applies to a child or young person,—

  2. a person may be prosecuted for an offence against section 446 in relation to that child or young person; and
    1. it does not matter whether the conduct that constitutes the offence occurs wholly within or wholly outside New Zealand or partly within or partly outside New Zealand.
      1. A person is not liable to be prosecuted under section 446 in respect of conduct—

      2. that constitutes an offence not only under section 446 but also under a law of a participating State (as defined in section 207B); and
        1. for which the person was prosecuted in the participating State and convicted or found guilty or acquitted.
          1. The Attorney-General must be consulted before a prosecution is commenced for an offence against section 446 that is alleged to have occurred partly or wholly outside New Zealand.

          Notes
          • Section 446B: inserted, on , by section 4 of the Children, Young Persons, and Their Families (Trans-Tasman Transfer of Protection Orders and Proceedings) Amendment Act 1999 (1999 No 116).