8Interpretation

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

   agency—

   1. means any person or body of persons, whether corporate or unincorporate, and whether in the public sector or the private sector; and
   2. includes an individual delivering services or support to children and young people through the Oranga Tamariki system independently of any other agency; and
   3. to avoid doubt, includes a department; but
   4. does not include—
      1. the Sovereign; or
      2. the Governor-General or the Administrator of the Government; or
      3. the House of Representatives; or
      4. a member of Parliament in their official capacity; or
      5. the Parliamentary Service Commission; or
      6. the Parliamentary Service, except in relation to personal information about any employee or former employee of that agency in their capacity as an employee; or
      7. in relation to its judicial functions, a court; or
      8. in relation to its judicial functions, a tribunal; or
      9. an Ombudsman; or
      10. a commission of inquiry, board of inquiry, court of inquiry, or committee of inquiry appointed, pursuant to, and not by, any provision of an Act, to inquire into a specified matter; or
      11. in relation to its news activities, any news entity; or
      12. an inquiry to which section 6 of the Inquiries Act 2013 applies; or
      13. an individual (except an individual referred to in paragraph (b))

   approved provider means—

   1. a care or custody provider:
   2. an organisation or a body approved under section 403 of the Oranga Tamariki Act 1989

   board means the board of the Monitor

   board member means a member of the board

   care or custody provider means any of the following, in their role as such an organisation or body under the Oranga Tamariki Act 1989:

   1. an organisation into whose care any child or young person is placed under section 362 of that Act:
   2. an organisation that operates a residence established under section 364 of that Act:
   3. an organisation or body approved under section 396 of that Act

   caregiver—

   1. means a person in whose care a child or young person is placed under section 362 of the Oranga Tamariki Act 1989; and
   2. includes a whānau caregiver; but
   3. does not include a parent or guardian of a child or young person

   chief executive of Oranga Tamariki means the chief executive of Oranga Tamariki—Ministry for Children

   child has the same meaning as in section 2(1) of the Oranga Tamariki Act 1989

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

   code of ethics means the code of ethics required by section 21

   coercive powers means powers under the Oranga Tamariki Act 1989 that can be exercised without the consent of the individual concerned

   department means a department within the meaning of section 5 of the Public Service Act 2020

   harm includes physical, psychological, emotional, or sexual harm

   in care or custody, in relation to a child or young person, means being subject to an order for custody or sole guardianship or to a care agreement, in favour of (or naming as the carer) the chief executive of Oranga Tamariki, an iwi social service, a cultural social service, or the director of a child and family support service

   Independent Monitor of the Oranga Tamariki System or Monitor means the Independent Monitor of the Oranga Tamariki System established under section 12

   individual means a natural person

   information rules means rules made by the Monitor under section 49

   Māori Advisory Group means the Māori Advisory Group appointed under section 17

   Minister means the Minister or Ministers of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, are for the time being responsible for the administration of this Act

   Minister responsible for the Monitor means the Minister of the Crown who, under the authority of a warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Monitor

   monitoring function or functions means all the functions of the Monitor set out in section 14

   national care standards regulations means regulations made under the Oranga Tamariki Act 1989 that set out national care standards for children and young persons in care or custody

   news activity has the same meaning as in section 7(1) of the Privacy Act 2020

   news entity has the same meaning as in section 7(1) of the Privacy Act 2020

   non-personal information means information that is not personal information

   Ombudsman means an Ombudsman appointed under the Ombudsmen Act 1975

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

   Oranga Tamariki system has the meaning given in section 9

   other systems has the meaning given in section 13(4)

   personal information has the same meaning as in section 7(1) of the Privacy Act 2020

   preliminary inquiry means a preliminary inquiry made by an Ombudsman under section 41

   premises has the meaning given in section 33(3)

   services or support, in relation to the Oranga Tamariki system, includes responding under the Oranga Tamariki Act 1989 to offending (or alleged offending) by children and young people

   State of the Oranga Tamariki system report means the report prepared under section 22

   whānau caregiver, in relation to a child or young person, means a person (other than a parent or guardian)—

   1. who is a member of the child’s or young person’s family, whānau, hapū, iwi, or family group; and
   2. with whom the child or young person has been placed under section 362 of the Oranga Tamariki Act 1989; and
   3. who has primary responsibility for the care of the child or young person

   young person has the same meaning as in section 2(1) of the Oranga Tamariki Act 1989.

2. In this Act, unless the context otherwise requires, a term or expression that is used but not defined, but that is defined in the Oranga Tamariki Act 1989, has the same meaning as in that Act.