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Crimes Act 1961

Crimes against morality and decency, sexual crimes, and crimes against public welfare - Sexual crimes

131A: Dependent family member defined

You could also call this:

“This explains who counts as a family member you depend on and who has power over you.”

In section 131 of this law, a dependent family member is someone who is under the power or authority of another person in their family. This can happen in different ways:

You might be a dependent family member if the person with power over you is your parent, step-parent, foster parent, guardian, uncle, or aunt. It also includes the parents or step-parents of these people, your siblings, or the partners of any of these people.

You can also be a dependent family member if you’re part of the same family, whānau, or cultural family group. In this case, the person doesn’t have to be one of the relatives listed above, but they need to have an important role in taking care of you or raising you.

Lastly, you might be a dependent family member if you’re living with someone as part of their family. This person isn’t one of the relatives listed earlier, but they have power over you and an important job in looking after you or bringing you up.

The law also explains some of these terms further. An aunt or uncle can include half-siblings of your parents. A foster parent or guardian includes people who used to have these roles. A step-parent can be someone who used to be your step-parent too. Guardians are defined by other laws called the Guardianship Act 1968 or the Oranga Tamariki Act 1989.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329088.

Topics:
Crime and justice > Criminal law
Family and relationships > Children and parenting
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131: Sexual conduct with dependent family member, or

“It is against the law to do sexual things with a young family member who depends on you.”

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“An adult who tries to make friends with a child under 16 to do sexual things with them is breaking the law.”

Part 7 Crimes against morality and decency, sexual crimes, and crimes against public welfare
Sexual crimes

131ADependent family member defined

  1. For the purposes of section 131, one person is a dependent family member of another person—

  2. if the other person has power or authority over him or her, and is—
    1. his or her parent, step-parent, foster parent, guardian, uncle, or aunt; or
      1. a parent, step-parent, or foster parent of a person described in subparagraph (i); or
        1. a child of his or her parent or step-parent; or
          1. the spouse or de facto partner of a person described in subparagraph (i) or subparagraph (ii) or subparagraph (iii); or
          2. if they are members of the same family, whanau, or other culturally recognised family group, and the other person—
            1. is not a person referred to in paragraph (a); but
              1. has a responsibility for, or significant role in, his or her care or upbringing; or
              2. if he or she is living with the other person as a member of the other person's family, and the other person is not a person referred to in paragraph (a), but has—
                1. power or authority over him or her; and
                  1. a responsibility for, or significant role in, his or her care or upbringing.

                  2. In subsection (1),—

                    aunt, in relation to a person, includes a half-sister of one of the person's parents

                      foster parent includes a former foster parent

                        guardian—

                        1. means guardian by virtue of the Guardianship Act 1968 or the Oranga Tamariki Act 1989; and
                          1. includes a former guardian

                            step-parent includes a former step-parent

                              uncle, in relation to a person, includes a half-brother of one of the person's parents.

                              Notes
                              • Section 131A: inserted, on , by section 7 of the Crimes Amendment Act 2005 (2005 No 41).
                              • Section 131A(2) guardian paragraph (a): amended, on , by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).