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Oranga Tamariki Act 1989

Transitional provisions

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Special rules to help when the law changes"

Illustration for Oranga Tamariki Act 1989

The Oranga Tamariki Act 1989 has some special rules that apply when changes are made to the law. You need to know what these rules are so you can understand how the law affects you. The rules are about things like how the law applies to young people, what happens when a case is already underway in court, and how the law is changed over time.

Some of these rules are about when a young person can be dealt with in the Youth Court or the adult court. For example, if you are 17 years old and you commit a crime, you might be dealt with in the Youth Court or the adult court, depending on the circumstances. The rules also say what happens if you are already in court when the law changes.

Other rules are about how the law applies to agreements and decisions that were made before the law changed. For example, if an agreement was made about your care before the law changed, that agreement might still apply even after the law changes.

The law also has rules about how it applies to investigations and court cases that are already underway. These rules make sure that everyone is treated fairly and that the law is applied consistently.

It's also important to know that some rules apply to specific situations, like when a young person is being held in custody or when a court is making a decision about their care. These rules are in place to protect the rights and well-being of young people.

Overall, the rules in the Oranga Tamariki Act 1989 are designed to make sure that the law is fair and consistent, and that young people are protected and supported. By understanding these rules, you can better navigate the law and make sure your rights are respected.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5801132.

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Schedule 1: Provisions applied to Youth Court and to proceedings in Youth Court, or

"Rules from other laws that also apply to the Youth Court"

1AATransitional, savings, and related provisions Empowered by s 2A

1Provisions relating to Children, Young Persons, and Their Families Amendment Act (No 2) 2013

1Application of sections 311, 314, and 317 (supervision with residence orders: early release from custody)

  1. Sections 311, 314, and 317, as those sections are amended by the Children, Young Persons, and Their Families Amendment Act (No 2) 2013, apply to a supervision with residence order under section 311(1)—

  2. made, and that had not expired, before that Act's commencement; or
    1. made after that Act's commencement.

      Notes
      • Schedule 1AA Part 1 clause 1: replaced, on , by section 9(2) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

      2Adjournment date of pre-commencement supervision with residence orders

      1. Section 314 as amended by the Children, Young Persons, and Their Families Amendment Act (No 2) 2013 applies to an order specified in clause (1)(a) as if the adjournment date under section 311(2A)(a) (as in force before that Act's commencement) were the adjournment date under section 311(2A)(a) (as in force after that commencement).

      Notes
      • Schedule 1AA Part 1 clause 2: replaced, on , by section 9(2) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

      2Provisions relating to Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016

      3Process or proceeding commenced but not completed before commencement date

      1. In this clause, commencement date means the date on which this clause comes into force.

      2. This clause applies to a process or proceeding that has been commenced by a social worker under the Act but has not been completed before the commencement date.

      3. On and after the commencement date, a process or proceeding to which this clause applies must be treated as if it were commenced by the chief executive.

      4. However, for the purposes of continuing and completing the process or proceeding, any provision relating to the process or proceeding that, immediately before the commencement date, contained any of the references listed in subclause (5) must be read as if those references had not been affected by the commencement of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016.

      5. The references are to—

      6. a social worker’s belief:
        1. a decision by a social worker:
          1. a social worker being satisfied or not satisfied of something:
            1. an assessment by a social worker:
              1. a social worker considering something:
                1. a social worker suspecting something:
                  1. any reference similar to those in paragraphs (a) to (f).

                    Notes
                    • Schedule 1AA Part 2 clause 3: inserted, on , by section 9(2) of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

                    3Provisions relating to Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017

                    4New definition of young person not to apply to criminal proceedings underway at commencement date

                    1. For the purpose of this clause,—

                      commencement date means the date on which section 7(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force

                        criminal proceedings—

                        1. means a proceeding that has been commenced by—
                          1. the filing of a charging document; or
                            1. the filing of a notice of hearing under, or in accordance with, section 21(8) of the Summary Proceedings Act 1957; and
                            2. includes an appeal against conviction or sentence.

                              1. Any defendant aged 17 years in criminal proceedings that are underway in the District Court or High Court on the commencement date must be dealt with by that court as if section 7(4) of this Act had not come into force.

                              2. This clause is subject to clause 23.

                              Notes
                              • Schedule 1AA clause 4: inserted, on , by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                              • Schedule 1AA clause 4(1): replaced, on , by section 16(1) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).
                              • Schedule 1AA clause 4(3): inserted, on , by section 16(2) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                              5Protections for young persons aged 17 years in criminal investigations

                              1. For the purpose of this clause, commencement date means the date on which section 7(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

                              2. Sections 215 to 232 of this Act apply to investigations of alleged offending by persons aged 17 years if the offending occurred or is alleged to have occurred before, on, or after the commencement date.

                              Notes
                              • Schedule 1AA clause 5: inserted, on , by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                              • Schedule 1AA clause 5(2): amended, on , by section 16(3) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                              6Application of complaints mechanism

                              1. A complaints mechanism established under section 7(2)(bad) of this Act applies to any act or omission that occurred on or after 1 April 2017.

                              Notes
                              • Schedule 1AA clause 6: inserted, on , by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                              • Schedule 1AA clause 6: amended, on , by section 71 of the Oversight of Oranga Tamariki System Act 2022 (2022 No 43).

                              7Previous definition of child or young person in need of care or protection applies to proceedings underway

                              1. For the purpose of this clause, commencement date means the date on which section 17 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

                              2. Section 14 of this Act (as it read before the commencement date) continues to apply to any proceeding that, immediately before the commencement date, had been brought but not determined.

                              Notes
                              • Schedule 1AA clause 7: inserted, on , by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

                              8Application of sections 17(2A), 18AAA, 21(2), and 30(1)(aaa)

                              1. For the purpose of this clause, commencement date means the date on which sections 20, 21, 28, and 33 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 come into force.

                              2. Sections 17(2A), 18AAA, 21(2), and 30(1)(aaa) of this Act apply to any investigation still underway or commenced on or after the commencement date.

                              Notes
                              • Schedule 1AA clause 8: inserted, on , by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

                              9Determinations under section 18B(2)(c)

                              1. A determination made under section 18B(2)(c) before the commencement of section 24 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 that there is no realistic prospect that a child or young person will be returned to a person’s care, is to be treated, on and after the commencement of section 24 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017, as a determination that there is no realistic possibility that a child or young person will be returned to a person’s care.

                              Notes
                              • Schedule 1AA clause 9: inserted, on , by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

                              10Information sharing

                              1. For the purpose of this clause, commencement date means the date on which section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

                              2. Sections 65A to 66Q of this Act apply to any information whether it existed or was created before, on, or after the commencement date.

                              Notes
                              • Schedule 1AA clause 10: inserted, on , by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

                              11Applications for declaration made under section 67 before commencement date to be determined under previous provisions

                              1. For the purpose of this clause, commencement date means the date on which section 42 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

                              2. An application for a declaration made under section 67 of this Act before the commencement date must be determined under section 67 and any related provisions as those provisions read before the commencement date.

                              Notes
                              • Schedule 1AA clause 11: inserted, on , by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                              • Schedule 1AA clause 11 heading: amended, on , by section 47(1) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).
                              • Schedule 1AA clause 11(2): amended, on , by section 47(2) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).

                              12When custody order ceases to have effect

                              1. For the purpose of this clause, commencement date means the day after the date on which the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 receives the Royal assent.

                              2. Section 108(c) of this Act applies to any custody order made before or after 1 April 2017 and that expires after the commencement date, even if the order or any other document relating to the order contains words to the effect that the order ceases to have effect when the young person attains the age of 17 years.

                              Notes
                              • Schedule 1AA clause 12: inserted, on , by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

                              13Agreements for extended care of severely disabled children and young persons and agreements with persons providing residential disability care

                              1. For the purpose of this clause, commencement date means the date on which section 76 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

                              2. Any agreement made under section 141 or 142 of this Act before the commencement date continues to have effect until it is terminated or expires and this Act continues to apply to those agreements as if the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 had not been enacted.

                              Notes
                              • Schedule 1AA clause 13: inserted, on , by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

                              14Youth justice principles

                              1. For the purpose of this clause, commencement date means the date on which section 101(8) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

                              2. Section 208(3) and (4) of this Act applies only if offending occurred or is alleged to have occurred on or after the commencement date.

                              Notes
                              • Schedule 1AA clause 14: inserted, on , by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

                              15Review of detention of young persons in residence or Police custody

                              1. For the purpose of subclause (2), commencement date means the date on which section 105 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

                              2. Section 241(2) of this Act applies to any order made under section 238(1)(e), whether made before or after the commencement date.

                              3. For the purpose of subclause (4), commencement date means the date on which section 106(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

                              4. Section 242(1A) of this Act applies to any child or young person detained in a residence on or after the commencement date, whether the order for detention of that child or young person was made before or after the commencement date.

                              Notes
                              • Schedule 1AA clause 15: inserted, on , by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

                              16Consideration of restorative justice actions by Family Group Conferences

                              1. For the purpose of this clause, commencement date means the date on which section 111(3) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

                              2. Section 258(2) and (3) of this Act applies to any Family Group Conference that takes place on or after the commencement date, including a conference that has been adjourned from an earlier date.

                              Notes
                              • Schedule 1AA clause 16: inserted, on , by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

                              17Factors to be taken into account on sentencing

                              1. For the purpose of this clause, commencement date means the date on which section 119 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 comes into force.

                              2. Section 284(1A) of this Act applies only if the offending occurred on or after the commencement date.

                              Notes
                              • Schedule 1AA clause 17: inserted, on , by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

                              18Moving to independence

                              1. For the purpose of this clause, commencement date means the date on which sections 128 to 130 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 come into force.

                              2. Section 386AAD of this Act applies only to persons who are aged under 18 years on the commencement date.

                              3. Any young person receiving advice and assistance under section 386A of this Act immediately before the commencement date is to be treated as receiving advice and assistance under new section 386A on or after the commencement date.

                              4. Section 386C of this Act applies only to persons who are subject to any process or proceeding under this Act on or after the commencement date.

                              Notes
                              • Schedule 1AA clause 18: inserted, on , by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

                              19References to Children, Young Persons, and Their Families Act 1989

                              1. Unless the context otherwise requires, every reference to the Children, Young Persons, and Their Families Act 1989 in any document is, after the commencement of section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017, to be read as a reference to the Oranga Tamariki Act 1989.

                              Notes
                              • Schedule 1AA clause 19: inserted, on , by section 138 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

                              4Provisions relating to Oranga Tamariki Legislation Act 2019

                              20Proceeding commenced on or after commencement date for offence committed before commencement date

                              1. For the purpose of this clause, commencement date means the date on which section 7(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (the 2017 Act) comes into force.

                              2. This clause applies to any person in a proceeding that—

                              3. is commenced on or after the commencement date against that person; and
                                1. is for an offence, or an alleged offence, that was committed before the commencement date when that person was 17 years of age.

                                  1. The proceeding against the person must be commenced and dealt with under this Act—

                                  2. as amended by the 2017 Act; and
                                    1. as further amended by Part 1 of the Oranga Tamariki Legislation Act 2019.

                                      1. Section 2(2), as amended by the 2017 Act, applies to this clause, except for the requirement that the person be a young person at the date of the alleged offence.

                                      Notes
                                      • Schedule 1AA clause 20: inserted, on , by section 16(4) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                                      21Proceeding for charge related to criminal proceeding underway in District Court or High Court on commencement date

                                      1. For the purpose of this clause, commencement date means the date on which section 12 of the Oranga Tamariki Legislation Act 2019 comes into force.

                                      2. This clause applies to a person to whom clause 4 applies and either—

                                      3. clause 20 applies, if the date of the alleged offending that is the subject of the new proceeding occurred before the commencement date; or
                                        1. clause 20 does not apply, if the date of the alleged offending that is the subject of the new proceeding occurred on or after the commencement date.

                                          1. If a new proceeding is commenced against the person on or after the commencement date by the filing of a charge for a non-Schedule 1A offence, the provisions referred to in subclause (4) are modified as set out in subclause (5) to enable the Youth Court to determine whether the charge for the non-Schedule 1A offence is related to and may be joined with the criminal proceedings that are underway in the District Court or the High Court.

                                          2. The provisions are as follows:

                                          3. section 247A; and
                                            1. sections 276AA to 276AC; and
                                              1. section 276A.

                                                1. A reference to a charge for a Schedule 1A offence includes a reference to a charge for any offence (whether specified in Schedule 1A or not) for which the person is in criminal proceedings that are underway in the District Court or the High Court on the commencement date.

                                                2. A reference to a charge for a non-Schedule 1A offence continues to exclude a reference to a charge of murder or manslaughter or another offence over which the Youth Court does not have jurisdiction.

                                                Notes
                                                • Schedule 1AA clause 21: inserted, on , by section 16(4) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                                                22Subsequent proceedings not invalidated

                                                1. For the purpose of this clause, commencement date means the date on which section 7(4) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (the 2017 Act) comes into force.

                                                2. This clause applies to actions taken by a constable before the commencement date during an investigation of a person aged 17 years for an offence or an alleged offence.

                                                3. No proceedings are invalidated and no evidential material is deemed inadmissible because the actions are inconsistent with—

                                                4. the definition of young person in section 2(1), as replaced by section 7(4) of the 2017 Act; and
                                                  1. this Act as amended by the 2017 Act and the Oranga Tamariki Legislation Act 2019.

                                                    Notes
                                                    • Schedule 1AA clause 22: inserted, on , by section 16(4) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                                                    23Arrest of person aged 17 years without warrant under section 35(1) or 36(1) of Bail Act 2000

                                                    1. For the purpose of this clause, unless the context otherwise requires,—

                                                      commencement date means the date on which section 5 of the Oranga Tamariki Legislation Act 2019 comes into force

                                                        court has the same meaning as in section 3 of the Bail Act 2000

                                                          criminal proceedings—

                                                          1. means a proceeding that has been commenced by—
                                                            1. the filing of a charging document; or
                                                              1. the filing of a notice of hearing under, or in accordance with, section 21(8) of the Summary Proceedings Act 1957; and
                                                              2. includes an appeal against conviction or sentence

                                                                drug dealing offence has the same meaning as in section 3 of the Bail Act 2000

                                                                  Registrar has the same meaning as in section 3 of the Bail Act 2000.

                                                                  1. Section 214B applies to a person aged 17 years if—

                                                                  2. the person—
                                                                    1. is a defendant in criminal proceedings for any offence (except a drug dealing offence), or any alleged offence, that are underway in the District Court or the High Court on the commencement date; and
                                                                      1. is released on bail (before, on, or after the commencement date) for the offence, or the alleged offence, by a court, a Registrar, or a Police employee; and
                                                                      2. any of the circumstances set out in section 35(1) of the Bail Act 2000 apply to the person so as to empower the arrest without warrant of the person on or after the commencement date.

                                                                        1. Section 214B applies to a person aged 17 years if—

                                                                        2. the person—
                                                                          1. is a defendant in criminal proceedings for a drug dealing offence, or an alleged drug dealing offence, that are underway in the District Court or the High Court on the commencement date; and
                                                                            1. is released on bail (before, on, or after the commencement date) for the offence, or the alleged offence, by a District Court Judge or a High Court Judge; and
                                                                            2. any of the circumstances set out in section 36(1) of the Bail Act 2000 apply to the person so as to empower the arrest without warrant of the person on or after the commencement date.

                                                                              Notes
                                                                              • Schedule 1AA clause 23: inserted, on , by section 16(4) of the Oranga Tamariki Legislation Act 2019 (2019 No 30).

                                                                              5Provisions relating to Oranga Tamariki Amendment Act 2022

                                                                              24Certain determinations made before commencement date

                                                                              1. For the purpose of this clause, commencement date means the date on which this clause comes into force.

                                                                              2. A determination made under section 18B(2)(c) or 83(2A) before the commencement date ceases to have effect on and after the commencement date.

                                                                              3. An agreement reached under section 18B(2)(c) before the commencement date ceases to have effect on and after the commencement date.

                                                                              4. Any proceedings in respect of making a determination under section 18B(2)(c) or 83(2A) that began before the commencement date cease on the commencement date.

                                                                              Notes
                                                                              • Schedule 1AA clause 24: inserted, on , by section 47(3) of the Oranga Tamariki Amendment Act 2022 (2022 No 81).