Oranga Tamariki Act 1989

Miscellaneous provisions - Limit on proceedings and Crown liability

445F: Limitation on liability

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you are a child or young person in care, some people and organisations are not liable for things that happen to you. The Crown, the department, the chief executive, and some other people are not liable for certain things. This means they cannot be held responsible for some things that might happen to you.

If something happens to you because of something someone else did or did not do, the people or organisations responsible for your care are not liable. This includes things that happen because of someone who is not directly responsible for your care. You can find more information about the law that applies to this situation in the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017.

Some organisations or people who care for you are also not liable for certain things that might happen to you. This is because the law says they are not responsible for some things that might happen. The law is in place to protect you and make sure you are safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS223842.


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Part 10Miscellaneous provisions
Limit on proceedings and Crown liability

445FLimitation on liability

  1. The Crown, the department, the chief executive, the chief executive’s delegate, any employee or contractor of the department, and any organisation or person with whom a child or young person is placed by the chief executive are not liable in respect of the matters set out in subsection (2).

  2. The matters are anything suffered by a child or young person in the care or custody of the chief executive as a consequence of an act or omission that occurs on or after the commencement of this section by a person who is not—

  3. the Crown:
    1. the department:
      1. the chief executive:
        1. the chief executive’s delegate:
          1. an employee or a contractor of the department:
            1. an organisation or person in whose charge the child or young person has been placed by the chief executive.
              1. An organisation or person specified in subsection (4)(a) to (d) (other than a person or organisation referred to in subsection (1)) is not liable in respect of the matters referred to in subsection (4).

              2. The matters are anything suffered by a child or young person in the care or custody of a person or organisation referred to in subsection (3), as a consequence of an act or omission that occurs on or after the commencement of this section by an organisation or a person who is not—

              3. the organisation or person with care or custody of the child or young person:
                1. the organisation’s or person’s delegate:
                  1. an employee or contractor of that organisation or person:
                    1. another organisation or person in whose charge the child or young person has been placed by the organisation or person referred to in paragraph (a).
                      Notes
                      • Section 445F: inserted, on , by section 133 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).