Oranga Tamariki Act 1989

Miscellaneous provisions - Limit on proceedings and Crown liability

445E: Limit on proceedings

You could also call this:

"Before taking a court case, you must complain first, and it must be about help you got or didn't get."

Illustration for Oranga Tamariki Act 1989

You cannot take a court case about something the chief executive or their team did, unless you made a complaint first and it was decided. If you think the chief executive or their team did not do their job properly, you can only take a court case if you are the child or young person they were supposed to help. In this law, a young person includes someone defined as a young person in section 386AAA, and you can also read about this in section 445F.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS223841.


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445F: Limitation on liability, or

"Some people and groups can't be blamed for things that happen to you while you're in care."

Part 10Miscellaneous provisions
Limit on proceedings and Crown liability

445ELimit on proceedings

  1. No proceedings may be brought in any court—

  2. in relation to any act or omission that occurred on or after the commencement of this section by the chief executive, the chief executive’s delegate, or an employee of the department that could have been the subject of a complaint under the 1 or more complaints mechanisms established, amended, or replaced by the chief executive, unless—
    1. a complaint has been made under that mechanism and determined; and
      1. in relation to any purported breach of duty owed to the child or young person under this Act or any regulations made under this Act by the chief executive or the chief executive’s delegate, or an employee or contractor of the department, or an organisation or other person having the care or custody of a child or young person (including an organisation or person with whom a child or young person is placed by the chief executive under section 362), except by a child or young person to whom the duty is allegedly owed.
        1. In this section and section 445F, young person includes a young person as defined in section 386AAA.

        Notes
        • Section 445E: inserted, on , by section 133 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
        • Section 445E(1)(a): amended, on , by section 68(1) of the Oversight of Oranga Tamariki System Act 2022 (2022 No 43).
        • Section 445E(1)(a)(ii): repealed, on , by section 68(2) of the Oversight of Oranga Tamariki System Act 2022 (2022 No 43).