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Oranga Tamariki Act 1989

Care and protection of children and young persons - Information sharing

66I: When request under section 66G may be declined

You could also call this:

"When can someone say no to your request for information under section 66G?"

Illustration for Oranga Tamariki Act 1989

If you ask for information under section 66G, the person or agency you ask may say no. They can say no if they do not think sharing the information will help with the purposes outlined in section 66A. They can also say no if they think sharing the information might put you or someone else in harm's way.

You might be asking for information about a child or young person, and the person or agency you ask thinks sharing it could cause problems. They might think it could stop the police from investigating a crime, or make it hard for someone to have a fair trial. They can say no if they think sharing the information would cause these kinds of problems.

The person or agency can also say no if sharing the information would go against what the child or young person wants, and it is not in their best interests. They can say no for other reasons too, like if sharing the information would break a confidential relationship between a lawyer and their client. They have to think carefully about whether sharing the information would be a good idea or not.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS220140.

Topics:
Rights and equality > PrivacyFamily and relationships > Children and parenting
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66H: Duty of child welfare and protection agency or independent person receiving request under section 66G, or

"When someone asks for help, a child welfare agency or independent person must decide if sharing information will be helpful."

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66J: Reasons for declining request, or

"When someone says no to sharing information, they must tell you why"

Part 2Care and protection of children and young persons
Information sharing

66IWhen request under section 66G may be declined

  1. An authorised child welfare and protection agency or an authorised independent person may decline a request under section 66G if that agency or person—

  2. is not satisfied that disclosure of the information will help to fulfil any of the purposes in section 66A(1); or
    1. reasonably believes that—
      1. disclosure is likely to increase the risk of the child or young person being subject to harm, ill-treatment, abuse, neglect, or deprivation, and that risk outweighs the benefits of disclosure; or
        1. disclosure will prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial, and that prejudice is likely to outweigh the benefits of disclosure; or
          1. disclosure will prejudice the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or
            1. disclosure will breach legal professional privilege; or
              1. disclosure will be contrary to the express wishes of the child or young person (expressed either directly or through their representative) and disclosure is not in the best interests of the child or young person.

              Notes
              • Section 66I: inserted, on , by section 41 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).