Oranga Tamariki Act 1989

Care and protection of children and young persons - Definition of child or young person in need of care or protection

14AA: Circumstances in which child or young person is suffering, or is likely to suffer, serious harm

You could also call this:

"When a child is being hurt or neglected in a serious way, physically, emotionally, or sexually."

Illustration for Oranga Tamariki Act 1989

You might be suffering serious harm if you are being abused, deprived, ill-treated, or neglected. This can happen physically, emotionally, or sexually. You might also be suffering serious harm if your parents or guardians do not want to care for you or have abandoned you.

If you are in a situation where your development or well-being is being impaired or neglected, this could also be serious harm. This includes being exposed to family violence, which is defined in the Family Violence Act 2018. Serious differences between you and your parents or guardians, or between your parents or guardians themselves, can also be a problem.

Serious harm can happen because of one incident or many incidents that add up to cause harm. It can also happen when different circumstances exist at the same time. This is important when applying section 14(1)(a) of the Oranga Tamariki Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS216359.


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14: Definition of child or young person in need of care or protection, or

"When you need help to stay safe from harm because your parents or caregivers can't look after you properly."


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14A: Conduct outside New Zealand, or

"What happens to a child outside New Zealand can still affect their care and protection."

Part 2Care and protection of children and young persons
Definition of child or young person in need of care or protection

14AACircumstances in which child or young person is suffering, or is likely to suffer, serious harm

  1. For the purposes of section 14(1)(a)(i), a child or young person is suffering, or is likely to suffer, serious harm if—

  2. the child or young person is being, or is likely to be, abused (whether physically, emotionally, or sexually), deprived, ill-treated, or neglected; or
    1. the parents or guardians or other persons who have the care of the child or young person are unwilling to care for, or have abandoned, them.
      1. For the purposes of section 14(1)(a)(ii), other circumstances that may constitute serious harm, or establish the likelihood of serious harm, include—

      2. a child’s or young person’s development or physical or mental or emotional well-being is being, or is likely to be, impaired or neglected, and that impairment or neglect is, or is likely to be, avoidable:
        1. the child or young person has been exposed to family violence (within the meaning of section 9 of the Family Violence Act 2018)):
          1. serious differences exist between the child or young person and the parents or guardians or other persons who have the care of them:
            1. serious differences exist between a parent, guardian, or other person who has the care of the child or young person and any other parent, guardian, or other person who has the care of them.
              1. For the purposes of applying section 14(1)(a) and subsections (1) and (2), serious harm may occur (without limitation) as a result of—

              2. an incident; or
                1. 2 or more incidents that taken on their own would not be serious enough to constitute serious harm, but the cumulative effect of which is serious enough to cause serious harm; or
                  1. the co-existence of different circumstances.
                    Notes
                    • Section 14AA: inserted, on , by section 17 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                    • Section 14AA(2)(b): amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).