Plain language law

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Crimes Act 1961

Crimes against the person - Assaults and injuries to the person

195A: Failure to protect child or vulnerable adult

You could also call this:

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

If you often spend time with a child or vulnerable adult, you have a responsibility to protect them from serious harm. This applies if you live in the same house as them or if you work at a place where they live, like a hospital or care home.

If you know the child or vulnerable adult might be killed, badly hurt, or sexually assaulted by someone else, you must take reasonable steps to protect them. This includes if someone might hurt them by doing something illegal, or by not doing something they’re supposed to do to keep the person safe.

If you don’t take steps to protect the child or vulnerable adult when you know they’re at risk, you could go to prison for up to 10 years. However, this law doesn’t apply to you if you were under 18 years old when it happened.

You’re considered part of a household even if you don’t live there all the time, as long as you’re closely connected to it. If the child or vulnerable adult lives in different places at different times, this law applies to the place where they were living when they were put at risk.

To decide if you’re closely connected to a household, things like how often and how long you visit, whether you’re related to the child or vulnerable adult, and other relevant factors are considered.

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 It might be out of date or be missing some parts.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=DLM4360818.

Topics:
Crime and justice > Criminal law
Family and relationships > Children and parenting
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“A law that punishes people who seriously hurt or don't take care of kids or adults who need help.”

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

195AFailure to protect 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), has frequent contact with a child or vulnerable adult (the victim) and—

  2. knows that the victim is at risk of death, grievous bodily harm, or sexual assault as the result of—
    1. an unlawful act by another person; or
      1. an omission by another person to discharge or perform a legal duty if, in the circumstances, that omission is a major departure from the standard of care expected of a reasonable person to whom that legal duty applies; and
      2. fails to take reasonable steps to protect the victim from that risk.

        1. The persons are—

        2. a member of the same household as the victim; or
          1. a person who is a staff member of any hospital, institution, or residence where the victim resides.

            1. A person may not be charged with an offence under this section if he or she was under the age of 18 at the time of the act or omission.

            2. For the purposes of this section,—

            3. a person is to be regarded as a member of a particular household, even if he or she does not live in that household, if that person is so closely connected with the household that it is reasonable, in the circumstances, to regard him or her as a member of the household:
              1. where the victim lives in different households at different times, the same household refers to the household in which the victim was living at the time of the act or omission giving rise to the risk of death, grievous bodily harm, or sexual assault.

                1. In determining whether a person is so closely connected with a particular household as to be regarded as a member of that household, regard must be had to the frequency and duration of visits to the household and whether the person has a familial relationship with the victim and any other matters that may be relevant in the circumstances.

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