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:

"Help from Oranga Tamariki when you're becoming independent"

Illustration for Oranga Tamariki Act 1989

The chief executive must give you advice and help when you are moving to independence. They will provide support like giving you information or helping you find a place to live. They can also give you financial help if they think you need it to become independent. The chief executive can help you with things like finding a job, getting an education, or getting legal advice. They can also help with expenses like living costs while you are studying or working. When deciding if they should give you financial help, they will think about whether you have high or complex needs. The chief executive will usually pay financial help directly to you, but sometimes they might pay it to your caregiver. If they are helping you with education or training costs, they can keep helping you even if you turn 25 before you finish. They can also keep helping you if you have to stop your course for a while, as long as you start again as soon as you can.

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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 for young people up to 25 years old to become independent after care or custody"


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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).