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Children’s Act 2014

Strategy for improving children’s well-being and oranga tamariki action plan

5: Interpretation

You could also call this:

"What special words mean in the Children's Act 2014"

Illustration for Children’s Act 2014

When you read this part of the law, some words have special meanings. A child can be someone under 18 years old. It can also be someone under 21 who has been in care, or under 25 and getting transition support from the department under Part 7 of the Oranga Tamariki Act 1989.

Children's agencies are government departments that look after children. These include the departments that administer the Domestic Violence Act 1995, the Education and Training Act 2020, the Pae Ora (Healthy Futures) Act 2022, the Oranga Tamariki Act 1989, the Policing Act 2008, and the Social Security Act 2018.

The Children's Commissioner is a person who looks out for the rights of children, as set out in section 11 of the Children’s Commissioner Act 2022. Children's Ministers are government ministers who look after children's agencies.

Core populations of interest to the department are groups of children who need extra care, including those who have risk factors for future problems, those who are getting help from the department, and those who have been in care. The department is the government department that looks after children, as set out in the Oranga Tamariki Act 1989.

A financial year is a 12-month period from 1 July to 30 June. A household, for a child, is where the child lives, as defined in section 5 of the Child Poverty Reduction Act 2018. A child is in care if they are being looked after by the department or someone else, as set out in the Oranga Tamariki Act 1989, or if they are in custody.

The oranga tamariki action plan is a plan to help children, which is prepared and approved by the government. The plan Minister is the government minister who is in charge of the oranga tamariki action plan. The responsible Minister is the government minister who is in charge of everything except the oranga tamariki action plan. The strategy is a plan to improve the well-being of children.

UNCROC is the United Nations Convention on the Rights of the Child, which is set out in Schedule 2 of the Children’s Commissioner Act 2022. UNCRPD is the United Nations Convention on the Rights of Persons with Disabilities.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5501627.

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Family and relationships > Children and parentingGovernment and voting > Government departmentsRights and equality > Anti-discrimination
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6: Adoption of strategy, or

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Part 1Strategy for improving children’s well-being and oranga tamariki action plan

5Interpretation

  1. In this Part, unless the context otherwise requires,—

    child means any of the following:

    1. a person who is under the age of 18 years:
      1. a person who is under the age of 21 years and has been in care (as defined in this subsection):
        1. a person who is under the age of 25 years and is receiving transition support from the department under Part 7 of the Oranga Tamariki Act 1989

          children’s agencies means those departments of State or instruments of the Crown that are, with the authority of the Prime Minister, for the time being responsible (alone, or with 1 or more other departments or instruments) for the administration of all or any provisions of 1 or more of the following Acts:

          1. Domestic Violence Act 1995:
            1. Education and Training Act 2020:
              1. Pae Ora (Healthy Futures) Act 2022:
                1. Oranga Tamariki Act 1989:
                  1. Policing Act 2008:
                    1. Social Security Act 2018:
                      1. any other Act or Acts for the time being prescribed under subsection (2)

                        Children’s Commissioner means the Commissioner holding that office under section 11 of the Children’s Commissioner Act 2022

                          children’s Ministers means the Ministers of the Crown who for the time being—

                          1. have relevant portfolio responsibilities for 1 or more of the children’s agencies (but excluding all related Associate Ministers of the Crown, if any); or
                            1. are designated by the Prime Minister as children’s Ministers for the purpose of this Part

                              core populations of interest to the department means the following groups of children:

                              1. children who have early risk factors for future involvement in the statutory care, protection, and youth justice systems under the Oranga Tamariki Act 1989:
                                1. children who are all or any of the following:
                                  1. children receiving assistance from the department (whether or not they are children in need of care or protection) under Part 2 of that Act (which relates to care and protection):
                                    1. children who are subject to a custody order, an order appointing a person specified in section 110(1)(a) to (e) of that Act as their sole guardian, or an agreement for care, under Part 2 of that Act:
                                      1. children who are subject to proceedings or orders under Part 4 of that Act (which relates to youth justice), or who are remanded in the custody of the chief executive of the department under section 173 or 174 of the Criminal Procedure Act 2011:
                                        1. children receiving transition support from the department under Part 7 of the Oranga Tamariki Act 1989:
                                        2. children who are any persons who are under the age of 21 years and who have been in care (as defined in this subsection)

                                          department means the department of State that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Oranga Tamariki Act 1989

                                            financial year means a period of 12 months commencing on 1 July and ending with 30 June

                                              household, for a child, has the same meaning as the term child’s household in section 5 of the Child Poverty Reduction Act 2018

                                                in care, for a child, means that the child is—

                                                1. placed or detained in the custody or care of the chief executive of the department, a person, a body, or an organisation under the Oranga Tamariki Act 1989; or
                                                  1. remanded in the custody of the chief executive of the department under section 173 or 174 of the Criminal Procedure Act 2011; or
                                                    1. detained in a residence under section 34A of the Corrections Act 2004

                                                      oranga tamariki action plan means the plan prepared, approved, published, and from time to time amended or replaced, under this Part

                                                        plan Minister means the Minister of the Crown for the time being designated by the Prime Minister as the responsible Minister for all purposes related to the oranga tamariki action plan (for example, approving it, or approving any amendment to it or replacement of it, or receiving any report in respect of it)

                                                          responsible Minister means the Minister of the Crown for the time being designated by the Prime Minister as the responsible Minister for the purposes of this Part (except all purposes related to the oranga tamariki action plan)

                                                            strategy means the strategy adopted, and from time to time changed, under this Part

                                                              UNCROC means the United Nations Convention on the Rights of the Child (a copy of the English text of which is set out in Schedule 2 of the Children’s Commissioner Act 2022)

                                                                UNCRPD means the United Nations Convention on the Rights of Persons with Disabilities.

                                                                1. The Governor-General may, by Order in Council, prescribe any other Act or Acts for the purposes of paragraph (g) of the definition of children’s agencies in subsection (1).

                                                                2. An order under subsection (2) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                                                Notes
                                                                • Section 5: replaced, on , by section 8 of the Children's Amendment Act 2018 (2018 No 58).
                                                                • Section 5(1) Children and Young People’s Commission: repealed, on , by section 25 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                                                                • Section 5(1) children’s agencies paragraph (b): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
                                                                • Section 5(1) children’s agencies paragraph (c): replaced, on , by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
                                                                • Section 5(1) Children’s Commissioner: inserted, on , by section 25 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                                                                • Section 5(1) Children’s Commissioner: repealed, on , by section 41 of the Children and Young People's Commission Act 2022 (2022 No 44).
                                                                • Section 5(1) UNCROC: amended, on , by section 25 of the Oversight of Oranga Tamariki System Legislation Amendment Act 2025 (2025 No 34).
                                                                • Section 5(1) UNCROC: amended, on , by section 41 of the Children and Young People's Commission Act 2022 (2022 No 44).
                                                                • Section 5(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).