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Oranga Tamariki Act 1989

Children and young persons in care of chief executive or other persons or bodies - Moving to independence

386B: Provision of advice and assistance by chief executive

You could also call this:

"The chief executive helps you become independent by giving advice and support when you need it."

Illustration for Oranga Tamariki Act 1989

The chief executive must give you advice and help when you are moving to independence, as stated in section 386A. They will provide support, like advice and non-financial help, that they think you need to be independent. They might also give you financial help if they think you need it and they have checked what other financial help you can get.

The chief executive can help you in many ways, such as giving you information, helping you find a place to live, get a job, or go to school. They can also give you legal advice, counselling, or help with expenses like education or training costs.

When deciding if you should get financial help, the chief executive must think about whether you have high or complex needs. If you get financial help, it will usually be paid directly to you, but sometimes it might be paid to your caregiver or another person. If the chief executive is helping you with education or training costs, they can keep helping you even if you turn 25 before you finish your course.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS223757.

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386A: Advice and assistance for young persons up to age of 25 years, or

"Help is available for young people up to 25 years old who have been in care or custody to become independent."

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386C: Chief executive to maintain contact with young persons up to age of 21 years, or

"Oranga Tamariki must stay in touch with you until you're 21 if you've been in their care."

Part 7Children and young persons in care of chief executive or other persons or bodies
Moving to independence

386BProvision of advice and assistance by chief executive

  1. Under section 386A, the chief executive, in accordance with regulations made under section 447(1)(cc) and (da),—

  2. must provide, or arrange the provision of, support by way of advice and non-financial assistance that the chief executive considers the young person will need to achieve independence; and
    1. may provide, or arrange the provision of, support by way of financial assistance that the chief executive considers the young person will need to achieve independence, but only if the chief executive has first considered what other financial assistance is available to the young person.

      1. Advice and assistance may include—

      2. giving information:
        1. assisting the young person to obtain accommodation, enrol in education or training, or obtain employment:
          1. legal advice:
            1. counselling:
              1. contributing to the expenses incurred by the young person in living near the place where they are or will be—
                1. employed or seeking employment; or
                  1. receiving education or training:
                  2. making a grant to assist the young person to meet expenses connected with their education or training.

                    1. When deciding whether to provide financial assistance in any case, the chief executive must give particular consideration to whether the young person has high or complex needs.

                    2. Financial assistance must be paid directly to the young person unless the chief executive considers it appropriate to pay all or any of it to the young person’s caregiver or other person.

                    3. If the chief executive is providing financial assistance to a young person that includes making a contribution or grant for a course of education or training or any other financial assistance the young person needs in order to complete the course, the chief executive may—

                    4. continue to do so even if the young person reaches the age of 25 years before completing the course; and
                      1. disregard any interruption in the young person’s attendance at the course if they resume it as soon as practicable.

                        Notes
                        • Section 386B: inserted, on , by section 129 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).