Oversight of Oranga Tamariki System Act 2022

Amendments to other legislation - Amendments to Acts - Amendments to Oranga Tamariki Act 1989

67: Section 47 amended (Report to be furnished to Commissioner where child or young person released before required to be brought before court)

You could also call this:

"When a child is released from custody before court, a report must be sent to the Ombudsman to check they are safe."

Illustration for Oversight of Oranga Tamariki System Act 2022

If you are a child or young person and you are put in custody, you have to go to court. But sometimes you might be released before you have to go to court. If this happens, the person who released you has to write a report. They have to send a copy of the report to the Ombudsman as soon as possible. The report has to include certain details, such as what will happen next to help you. The Ombudsman uses the report to decide if they need to get involved to help you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS591550.


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66: Section 7 amended (Duties of chief executive), or

"The boss of Oranga Tamariki must make sure the department does its job well and learns from complaints."


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68: Section 445E amended (Limit on proceedings), or

"Changes to the rules about taking someone to court over a complaint about Oranga Tamariki"

Part 4Amendments to other legislation
Amendments to Acts: Amendments to Oranga Tamariki Act 1989

67Section 47 amended (Report to be furnished to Commissioner where child or young person released before required to be brought before court)

  1. In the heading to section 47, replace furnished to Commissioner where with sent to Ombudsman if.

  2. Replace section 47(1) with:

  3. This section applies if—

  4. a child or young person is placed in the custody of the chief executive under section 39, 40, or 42; and
    1. the child or young person is released from that custody before the child or young person is required by section 45(a) to be brought before the court.
      1. If this section applies, the person who released the child or young person from that custody must, as soon as practicable after the release,—

      2. write a report containing the details required by subsection (2); and
        1. send a copy of the report to the Ombudsman to enable the Ombudsman to consider whether to exercise any functions or powers under the Ombudsmen Act 1975 in relation to any matter arising from the release of the child or young person from custody.
          1. Replace section 47(2)(f) with:

          2. the details of any follow up action, where needed, in relation to the child or young person and the proposed plan for undertaking the action, including who is responsible for undertaking the action and the time frame within which the action must be undertaken.