Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against the person - Assaults and injuries to the person

195: Ill-treatment or neglect of child or vulnerable adult

You could also call this:

“A law that punishes people who seriously hurt or don't take care of kids or adults who need help.”

If you are responsible for taking care of a child or vulnerable adult, you must treat them well and not neglect them. This applies if you are looking after them directly or if you work at a place where they live, like a hospital or care home.

You could go to prison for up to 10 years if you do something, or fail to do something you’re supposed to, that is likely to hurt the child or vulnerable adult, or make them suffer. This includes causing physical or mental harm. Your actions (or lack of actions) must be much worse than what a normal, reasonable person would do in the same situation.

For this law, a child means anyone under 18 years old.

If you want to know more about crimes against vulnerable adults, you can look at section 195A.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329384.

Topics:
Crime and justice > Criminal law
Family and relationships > Children and parenting
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194A: Assault on person in family relationship, or

“Hurting someone you're close to or used to be close to is against the law.”

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195A: Failure to protect child or vulnerable adult, or

“Adults must protect kids and vulnerable people from serious harm, or they could go to jail.”

Part 8 Crimes against the person
Assaults and injuries to the person

195Ill-treatment or neglect of child or vulnerable adult

  1. Every one is liable to imprisonment for a term not exceeding 10 years who, being a person described in subsection (2), intentionally engages in conduct that, or omits to discharge or perform any legal duty the omission of which, is likely to cause suffering, injury, adverse effects to health, or any mental disorder or disability to a child or vulnerable adult (the victim) if the conduct engaged in, or the omission to perform the legal duty, is a major departure from the standard of care to be expected of a reasonable person.

  2. The persons are—

  3. a person who has actual care or charge of the victim; or
    1. a person who is a staff member of any hospital, institution, or residence where the victim resides.

      1. For the purposes of this section and section 195A, a child is a person under the age of 18 years.

      Notes
      • Section 195: replaced, on , by section 7 of the Crimes Amendment Act (No 3) 2011 (2011 No 79).