Plain language law

New Zealand law explained for everyone

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Principles and general duties

12: Principles governing decisions affecting children and young persons

You could also call this:

"Rules to help keep you safe and supported when big decisions are made about you"

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

When a court or someone makes a decision about you if you are a child or young person under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003, they must think about some important principles. They should try to involve your family, whanau, hapu, iwi, and family group in the decision-making process and listen to their views. They must also consider how their decision will affect your wellbeing and the stability of your family.

The court or person making the decision should try to keep and strengthen your links with your family, whanau, hapu, iwi, and family group. They need to think about how their decision will impact you and your family. Your wishes should be taken into account, and the court or person should give them the weight that is appropriate for someone of your age, maturity, and culture.

The decision should be made quickly, in a time frame that makes sense to you as a child or young person.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM225187.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Criminal lawRights and equality > Anti-discriminationFamily and relationships > Children and parenting
Previous

11: Principles governing exercise of powers under this Act, or

"Rules to keep people with intellectual disabilities safe and treated fairly"

Next

13: Powers to be exercised with proper respect for cultural identity and personal beliefs, or

"Respect people's culture and beliefs when helping those with intellectual disabilities."

Part 2Principles and general duties

12Principles governing decisions affecting children and young persons

  1. Whenever a court or a person exercises, or proposes to exercise, a power conferred by or under this Act over a child or young person, the court or person must be guided by any of the following principles that are relevant to the exercise or proposed exercise of the power:

  2. wherever possible, the family, whanau, hapu, iwi, and family group of the child or young person should participate in the making of decisions affecting the child or young person, and, accordingly, regard should be had to the views of the family, whanau, hapu, iwi, and family group:
    1. wherever possible, the links of the child or young person with his or her family, whanau, hapu, iwi, and family group should be maintained and strengthened:
      1. a decision affecting the child or young person may be taken only after consideration of the likely impact of the decision—
        1. on the welfare of the child or young person; and
          1. on the stability of the family, whanau, and family group of the child or young person:
          2. consideration should be given to the wishes of the child or young person, to the extent that those wishes can reasonably be ascertained, and those wishes should be given the weight that is appropriate in the circumstances, having regard to the age, maturity, and culture of the child or young person:
            1. decisions affecting the child or young person should, whenever practicable, be made and implemented within a time frame that is appropriate to the sense of time of the child or young person.