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Oversight of Oranga Tamariki System Act 2022

Information provisions and other matters - Information provisions - Collection of information

45: Monitor’s power to require information

You could also call this:

"The Monitor can ask for information to help keep children safe, and agencies must provide it unless it's private lawyer talk."

Illustration for Oversight of Oranga Tamariki System Act 2022

The Monitor can ask an agency that helps children, young people, and their families for information. You need to know that the Monitor can only ask for information that helps them do their job. The Monitor works with the Oranga Tamariki system to get this information.

When the Monitor asks for information, they must do it in writing and follow their own rules. They must also say when and how they want the information. This helps the agency know what to do.

If an agency is asked for information, they have to give it to the Monitor. But there's one exception: the agency doesn't have to share information that's private between a lawyer and their client. This is called legal professional privilege.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS591506.

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Part 3Information provisions and other matters
Information provisions: Collection of information

45Monitor’s power to require information

  1. The Monitor may require an agency that delivers services or support to children, young people, and their family and whānau through the Oranga Tamariki system to provide them with information the Monitor considers relevant to fulfil their objectives and perform or exercise their functions, duties, or powers under this Act.

  2. A requirement must—

  3. be in writing; and
    1. be made in accordance with the Monitor’s code of ethics and information rules; and
      1. specify the date by which, and the manner in which, the information is to be provided.

        1. An agency that is required to provide information under this section must comply with the requirement.

        2. Nothing in this section limits or affects legal professional privilege.