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Children, Young Persons, and Their Families Act 1989 024
Commenced: 1 Nov 1989

ANALYSIS

Analysis
Title
1 Short Title and commencement
2 Interpretation
3 Act to bind the Crown

I: General Objects, Principles, and Duties

General Objects 4 Objects

General Principles 5 Principles to be applied in exercise of powers conferred by this Act
6 Welfare and interests of child or young person deciding factor

General Duties 7 Duties of Director-General
8 Parents and others to be informed of decisions
9 Interpreters
10 Duty of Court and counsel to explain proceedings
11 Duty of Court and counsel to encourage and assist child or young person to participate in proceedings
12 Duty of medical practitioner to minimise distress to child or young person

II: Care and Protection of Children and Young Persons

Principles 13 Principles

Definition of Child or Young Person in Need of Care or Protection 14 Definition of child or young person in need of care or protection

Reporting of Child Abuse 15 Reporting of ill-treatment or neglect of child or young person
16 Protection of person reporting ill-treatment or neglect of child or young person
17 Investigation of report of ill-treatment or neglect of child or young person
18 Referral of care or protection cases to Care and Protection Co-ordinator or Youth Justice Co-ordinator by Social Workers or members of the Police
19 Referral of care or protection cases to Care and Protection Co-ordinator by other persons or by Court

Powers to Remove Child or Young Person 39 Place of safety warrants
40 Warrant to remove child or young person
41 Person executing warrant to produce evidence of authority and identity
42 Search without warrant
43 Placement of child or young person placed in custody of Director-General
44 Parent or guardian may apply for release of or access to child or young person
45 Child or young person placed in custody of Director-General to be brought before Court within 5 days unless sooner released
46 Powers of Court where application made under section 44 or child or young person brought before Court under section 45
47 Social Worker or member of Police to furnish report to Commissioner where child or young person released before required to be brought before Court
48 Unaccompanied children and young persons

Medical Examination of Child or Young Person 49 Court may order medical examination of child or young person
50 Ex parte application for order for medical examination
51 Court may impose conditions on order for medical examination
52 Medical practitioner to prepare report on examination
53 Medical examination of child or young person at request of Social Worker
54 Child or young person entitled to have adult present
55 Restrictions on internal examinations and examinations under general anaesthetic
56 Medical practitioner to prepare report on examination
57 Social Worker to make report to Director-General
58 Fees for reports prepared under section 52 or section 56

Production of Documents Relevant to Investigation 59 Application for production of documents relevant to investigation of whether child or young person in need of care or protection
60 Ex parte application for order for production of document
61 Court may order document to be produced
62 Section 61 to apply notwithstanding any enactment or rule of law
63 Right to remove, retain, and make copies of document produced under section 61
64 Document produced under section 61 not to be used for any other purpose
65 Use of documents in subsequent proceedings
66 Government Departments may be required to supply information

Proceedings in Respect of Children and Young Persons in Need of Care or Protection 67 Grounds for declaration that child or young person is in need of care or protection
68 Application for declaration that child or young person is in need of care or protection
69 Joint applications
70 No application to be made unless family group conference has been held
71 Court may make declaration in absence of proof of responsibility for neglect or ill-treatment of child or young person
72 Court not to make declaration unless family group conference held
73 Court not to make declaration unless satisfied that child's or young person's need for care or protection cannot be met by other means

Counselling 74 Court may require parties to undergo counselling
75 Counsellor to arrange meeting and submit report on outcome
76 Fees
77 Privilege

Custody of Child or Young Person Pending Determination of Application for Declaration 78 Custody of child or young person pending determination of application
79 Persons who may be granted custody under section 78
80 Effect of order made under section 78
81 Powers of Director-General under order made under section 78
82 Director-General may return child or young person to person who previously had care

Orders Under this Part of this Act 83 Orders of Court on making of declaration
84 Power to make other orders where declaration made on ground of child's offending
85 Recall to come before Court

Services Orders 86 Services orders

Restraining Orders 87 Restraining orders
88 Interim restraining orders
89 Offence to contravene restraining order or interim restraining order
90 When restraining order shall cease to have effect

Support Orders 91 Support orders
92 Interim support orders
93 Duty to provide support
94 Duty of Director-General to appoint Social Worker to provide support
95 Conditions of support order or interim support order
96 Power of Court to impose additional conditions
97 Court may impose conditions in respect of parent, guardian, etc., of child or young person
98 Court not to impose condition requiring medical treatment without person's consent
99 Person or organisation providing support to child or young person to report to Court
100 Failure to observe conditions of support order

Custody Orders 101 Custody orders
102 Interim custody orders
103 Court may impose conditions to facilitate return of child or young person
104 Effect of custody order
105 Living arrangements for child or young person placed in custody of Director-General
106 Living arrangements where child or young person placed in custody of Iwi Authority, Cultural Authority, or Director of Child and Family Support Service
107 Person in whose custody child or young person is placed may determine access rights in absence of Court order
108 When custody order shall cease to have effect
109 Custody to revert on expiry of order

Guardianship Orders 110 Guardianship orders
111 Person not to be appointed as guardian without consent
112 Director-General may be appointed as guardian for specific purpose
113 Court may impose conditions to facilitate return of child or young person
114 Effect of guardianship order
115 Disputes between guardians
116 Review of guardian's decision or refusal to give consent
117 When guardianship orders to cease to have effect
118 Reversion of guardianship on expiry or discharge of guardianship order
119 Guardianship of child or young person on death of person appointed as guardian under this Act

Effect of Custody and Guardianship Orders on Jurisdiction Under Guardianship Act 1968 120 Restriction on making of guardianship, custody, and access orders under Guardianship Act 1968

Access and Exercise of Other Rights 121 Court may make orders for access and exercise of other rights by parents and other persons
122 Enforcement of access rights
123 Power of entry
124 Person executing warrant to produce evidence of authority and identity

Variation and Discharge of Orders 125 Application for variation or discharge of orders made under this Part of this Act
126 Persons who may apply for variation or discharge of order
127 Court may vary or discharge order

Plans for Children and Young Persons 128 Court to obtain and consider plan for child or young person before making certain orders
129 Court to direct who is to prepare plan
130 Content of plans
131 Adjournment for purposes of obtaining plan
132 Access to plans
133 Court may order plan not to be disclosed
134 Court to set date for review of plan
135 Review of plan
136 Access to reports and revised plans
137 Court to consider report and make directions
138 Court to set date for further review of plan

Agreements for Care of Children and Young Persons 139 Agreements for temporary care of children and young persons by Director-General, Iwi Authority, Cultural Authority, or Child and Family Support Service
140 Agreements for extended care of children and young persons by Director-General, Iwi Authority, Cultural Authority, or Child and Family Support Service
141 Agreements for extended care of severely disabled children and young persons
142 Agreements with controlling authorities of homes registered under Disabled Persons Community Welfare Act 1975
143 All parents or guardians not required to be party to agreement
144 Agreement not to be made without consent of child or young person
145 Agreement not to be made without approval of family group conference
146 Form and terms of agreements
147 Further restrictions on making of agreements
148 Effect of agreements
149 Agreement may provide for consent to medical treatment

III: Provisions Relating to Procedure in Respect of Proceedings Under Part II

Courts Having Jurisdiction Under Part II 150 Jurisdiction of Family Courts
151 Jurisdiction of District Courts in cases of urgency

Service of Applications 152 Service of application for declaration
153 Notice of application for declaration to be given to child or young person
154 Service of application for variation or discharge of order
155 Court may dispense with service

Attendance of Parties at Hearing 156 Court may require party to attend hearing
157 Court may require child or young person to attend hearing

Joint Hearings 158 Applications may be heard together

Appointment of Persons to Represent Child or Young Person or Assist Court 159 Appointment of barrister or solicitor to represent child or young person
160 Appointment of barrister or solicitor to assist Court
161 Further provisions relating to barrister or solicitor appointed under section 159 or section 160
162 Payment of barrister or solicitor appointed under section 159 or section 160
163 Appointment of lay advocate
164 Further provisions relating to lay advocate
165 Payment of lay advocate

Attendance at Hearings and Right to Make Representations 166 Persons entitled to be present at hearing of proceedings in Family Court
167 Child or young person may give evidence in private
168 Other powers of Court to hear proceedings in private or exclude persons not affected
169 Right to make representations

Mediation Conferences 170 Calling of mediation conference
171 Objectives of mediation conference
172 Procedure at mediation conference
173 Presiding Judge to make record of proceedings at mediation conference
174 Power of presiding Judge to make consent orders
175 Power to require attendance at mediation conference
176 Privilege
177 Presiding Judge may hear subsequent proceedings

Reports 178 Medical, psychiatric, and psychological reports
179 Further provisions relating to medical, psychiatric, and psychological examinations
180 Fees for reports prepared under section 178
181 Court may order examination to be carried out in psychiatric hospital
182 Release of child or young person from psychiatric hospital where detention no longer required
183 Review of order made under section 178 or section 181
184 Court may indicate matters to be dealt with in report
185 Sections to have effect in place of section 121 of Criminal Justice Act 1985
186 Report by Social Worker
187 Cultural and community reports
188 Privilege for reports
189 Adjournment for purposes of obtaining report
190 Reports may be made orally
191 Access to reports
192 Court may order report not to be disclosed
193 Right to tender evidence on report
194 Court may call person making report as witness

Miscellaneous Provisions 195 Evidence
196 Special provisions applying to disclosure of communications to medical practitioner
197 Standard of proof
198 Special provisions applying to applications for declaration on ground of child's offending
199 Power of Court to call witnesses
200 Court to ensure that application for declaration that child or young person in need of care or protection dealt with promptly
201 Adjournments
202 Orders by consent
203 Costs
204 Rehearings
205 Preventing removal of child or young person from New Zealand
206 Offence to take child or young person out of New Zealand where proceedings pending
207 Vexatious proceedings

IV: Youth Justice

Principles 208 Principles

Warnings and Formal Police Cautions 209 Consideration of warning as alternative to prosecution
210 Administration of warning
211 Formal Police caution
212 Notice of warning or caution
213 Evidence of warnings and formal Police cautions and of offences to which they relate not admissible in criminal proceedings

Arrest of Child or Young Person Without Warrant 214 Arrest of child or young person without warrant

Rights of Children and Young Persons When Questioned, Charged with Offence, or Arrested 215 Child or young person to be informed of rights before questioned by enforcement officer
216 Enforcement officer to explain rights to child or young person who is to be charged with offence
217 Rights to be explained to child or young person who is arrested
218 Explanations to be given in manner and language appropriate to age and level of understanding of child or young person
219 Explanations not required if child or young person already informed of rights
220 Other enactments requiring information or particulars not affected

Provisions Relating to Admissibility of Statements Made by Children and Young Persons 221 Admissibility of statements made by children and young persons
222 Persons who may be nominated for the purposes of section 221 (2) (b) or (c)
223 Section 221 not to apply where statement made before requirements of that section can be met
224 Reasonable compliance sufficient
225 Other enactments relating to admissibility of statements or confessions, or requiring information or particulars to be given, not affected
226 Evidence of communications during consultation not admissible

Entitlement to Consult Barrister or Solicitor 227 Child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or arrested entitled to consult with barrister or solicitor
228 Entitlement of child or young person to consult with barrister or solicitor where taken to hospital following arrest or questioned at hospital

Notification of Parents and Other Persons Where Child or Young Person Being Questioned or Is Arrested 229 Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested
230 Evidence of communications during visit not admissible
231 Persons who may be nominated for the purposes of section 229 (1) (a)
232 Notice of offence with which child or young person charged to be given to parents or guardians or other persons having care of child or young person

Breath-alcohol and Blood-alcohol Provisions of Transport Act 1962 Not Affected 233 Breath-alcohol and blood-alcohol provisions of Transport Act 1962 not affected

Custody of Child or Young Person Following Arrest or Pending Hearing 234 Custody of child or young person following arrest
235 Child or young person who is arrested may be placed in custody of Director-General
236 Young person who is arrested may be detained in Police custody
237 Child or young person who is arrested to be brought before Court as soon as possible
238 Custody of child or young person pending hearing
239 Restrictions on power of Court to order child or young person to be detained in custody
240 Conditions of bail
241 Review of orders made under section 238
242 Order under section 238 sufficient authority for detention of child or young person
243 Other powers to grant bail not affected

Powers Under Immigration Act 1987 Not Affected 244 Immigration Act 1987 (other than sections 126 (4) and 142) not affected

Jurisdiction of Youth Courts 272 Jurisdiction of Youth Court
273 Manner of dealing with summary offences and indictable offences (other than purely indictable offences)
274 Manner of dealing with purely indictable offences or where person elects jury trial
275 Young person may forego right to jury trial and elect to have proceedings determined by Youth Court
276 Young person may plead guilty and elect to be dealt with by Youth Court
277 Provisions applicable where young person charged jointly with person who is not a young person
278 Parent or guardian may be summoned to appear when young person charged with offence
279 Court to consider recommendations of family group conference
280 Court may refer case to Care and Protection Co-ordinator to determine whether matter should be dealt with under Part II

Disposal of Proceedings in Youth Court 281 Court not to make orders unless family group conference held
282 Power of Court to discharge information
283 Orders of the Court
284 Factors to be taken into account on sentencing
285 Restrictions on power of Court to make certain orders under section 283
286 Person or organisation not to be required to supervise young person without consent
287 Reparation limited to direct loss
288 Order not to be made in respect of parent or guardian unless given opportunity to be heard
289 Restriction on imposition of supervision with activity order
290 Restrictions on imposition of supervision with residence or transfer to District Court for sentence
291 Transfer of other charges to District Court for sentence
292 Whole or part of fine may be awarded to victim of offence suffering physical or emotional harm
293 Effect of order imposing fine or requiring payment of compensation or restitution or forfeiture of property
294 Demerit points
295 Recall to come before Court

Expiry of Orders 296 Expiry of orders

Powers of Court Where Young Person Already Subject to Order Made under this Part 297 Powers of Court in dealing with young person subject to order made under this Part of this Act

Community Work Order 298 Community work order
299 Failure to comply with community work order
300 Variation or cancellation of community work order
301 Procedural provisions relating to application under section 300
302 Application of Accident Compensation Act 1982 to young persons performing work under community work order
303 Effect of subsequent sentence

Provisions Relating to Supervision Orders and Supervision With Activity Orders 304 Duty of Director-General to provide for supervision
305 Conditions of supervision order
306 Power of Court to impose additional conditions
307 Supervision with activity order
308 Conditions of supervision with activity order
309 Failure to observe conditions of supervision order or supervision with activity order
310 Suspension, cancellation, and variation of supervision order or supervision with activity order

Supervision With Residence Orders 311 Supervision with residence order
312 Effect of supervision with residence order
313 Court may make orders for access and exercise of other rights by parents and other persons
314 Director-General may release young person from custody before expiry of supervision with residence order
315 Supervision with residence order to cease to run if young person absconds
316 Court may cancel supervision with residence order if young person absconds
317 When supervision with residence order ceases to have effect
318 Search without warrant
319 Medical treatment of young person in custody of Director-General

Reports on Effectiveness of Orders 320 Report to be made to Court on effectiveness of certain orders

V: Provisions Relating to Procedure in Youth Court

General 321 Application of District Courts Act 1947 and Summary Proceedings Act 1957
322 Time for instituting proceedings

Youth Advocates 323 Appointment of Youth Advocate to represent child or young person
324 Further provisions relating to Youth Advocate
325 Payment of Youth Advocate

Lay Advocates 326 Appointment of lay advocate
327 Functions of lay advocate
328 Further provisions relating to lay advocate

Attendance at Hearings and Right to Make Representations 329 Persons entitled to be present at hearing
330 Right to make representations in Youth Court

Arrangements for Hearings in Youth Courts 331 Matters before Court to be dealt with separately
332 Arrangements for hearing of proceedings in Youth Court

Reports 333 Medical, psychiatric, and psychological reports
334 Report by Social Worker
335 Report to be accompanied by plan
336 Court may obtain cultural or community report
337 Reports may be made orally
338 Privilege for reports
339 Access to reports and plans under this Part of this Act

Written Statement of Terms of Orders 340 Written statement of terms of certain orders to be given to young person

VI: Appeals

Appeals from Decisions of Family Courts 341 Appeals from decisions of Family Courts
342 Procedure for bringing appeal
343 Notice of appeal to be given to local Director of Social Welfare
344 Notice of appeal not to affect orders unless Court otherwise directs
345 Interim custody order pending appeal
346 Procedure on appeal
347 Appeal to Court of Appeal on question of law
348 Determination of appeals
349 Court may refer appeals back for reconsideration
350 Decision of High Court and Family Court to be sent to Director-General

Appeals from Decisions of Youth Court 351 Appeals from decisions of Youth Court by young person
352 Appeal by parents or guardians or other persons having care of young person
353 Appeal by persons other than young person dealt with in Youth Court
354 Appeal on a point of law only
355 Application of Part IV of Summary Proceedings Act 1957
356 Effect of notice of appeal on certain orders
357 Application of section 329 to hearing of appeal
358 Presence of young person at hearing of appeal
359 Presence of parents at hearing of appeal from decisions of Youth Court
360 Notification of appeal and result of appeal to local Director of Social Welfare

VII: Children and Young Persons in Care of Director-General or Other Persons or Bodies 361 Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395 of this Act

Placement of Children and Young Persons 362 Children and young persons may be placed in care of approved persons
363 Payment to person or organisation providing care

Residences 364 Authority to establish residences
365 Director-General may place children and young persons in residences
366 Closing of residences and transfer of residents

Discipline 384 Discipline of children and young persons in residences

Absconding by Children and Young Persons 385 Children and young persons who abscond
386 Search warrants

Financial Matters 387 Director-General empowered to make payments for benefit of children and young persons
388 Financial and other assistance in respect of children and young persons subject to orders made under this Act
389 Financial and other assistance in other cases
390 Power to control finances of young persons under guardianship or in custody
391 Imposition of charge to meet expenses of providing care for children and young persons
392 Manager may be appointed under Protection of Personal and Property Rights Act 1988 to manage property of children and young persons subject to guardianship or custody order

Maintenance 393 Recovery of cost of maintenance of children and young persons in care

Limitation on Tortious Liability 394 Limitation upon tortious liability of Director-General, Iwi Authorities, Cultural Authorities, Child and Family Support Services, and other persons having care of child or young person

Reporting of Deaths 395 Police to be notified of deaths

VIII: Provisions Relating to Iwi Authorities, Cultural Authorities, Child and Family Support Services, and Community Services

Iwi Authorities, Cultural Authorities, and Child and Family Support Services 396 Approval of Iwi Authorities, Cultural Authorities, and Child and Family Support Services
397 Restrictions on granting of approval
398 Director-General not to decline application without giving applicant opportunity to make submissions
399 Revocation of approval
400 Assessment of Iwi Authorities, Cultural Authorities, and Child and Family Support Services
401 Powers of person carrying out assessment of Iwi Authority or Cultural Authority or Child and Family Support Service
402 Convener of Iwi Authority or Cultural Authority to have power of decision for purposes of this Act

Community Services 403 Approval of Community Services
404 Director-General not to decline application without giving applicant opportunity to make submissions
405 Revocation of approval
406 Financial assistance to Community Services
407 Director-General may contract with Community Services for provision of services
408 Assessment of Community Services
409 Powers of person carrying out assessment of Community Service

IX: Commissioner for Children

Appointment and Functions 410 Commissioner for Children
411 Functions of Commissioner

Proceedings of Commissioner 412 Powers of Commissioner
413 Commissioner may regulate own procedure
414 Commissioner not to make adverse comment unless opportunity to be heard given
415 Annual report

Conditions of Employment 416 Appointment of Commissioner
417 Term of office and conditions of employment of Commissioner
418 Removal from office
419 Superannuation or retiring allowances

Miscellaneous Provisions 420 Proceedings privileged
421 Commissioner deemed to be official
422 Money to be appropriated by Parliament for purposes of this Part of this Act

X: Miscellaneous Provisions

Care and Protection Co-ordinators and Youth Justice Co-ordinators 423 Appointment of Care and Protection Co-ordinators
424 Duties of Care and Protection Co-ordinator
425 Appointment of Youth Justice Co-ordinators
426 Duties of Youth Justice Co-ordinator
427 Delegation of functions of Care and Protection Co-ordinator or Youth Justice Co-ordinator to Social Worker

Care and Protection Resource Panels 428 Care and Protection Resource Panels
429 Functions of Care and Protection Resource Panels
430 Care and Protection Resource Panels may regulate own procedure
431 Annual report
432 Fees and allowances

Youth Courts 433 Establishment of Youth Courts
434 Principal Youth Court Judge
435 Designation of Youth Court Judges
436 District Court Judge may exercise jurisdiction in absence of Youth Court Judge

Miscellaneous Provisions Relating to Proceedings Under this Act 437 Notice of proceedings and orders to be given to parents or guardians or other persons having care of child or young person
438 Restriction on publication of reports of proceedings
439 Proceedings not invalid because of mistake as to age
440 Proceedings not to be questioned for want of form
441 Court may determine age of child or young person in absence of evidence
442 No Court fees payable
443 Issue and execution of warrants
444 Liability of persons providing reports
445 Witnesses expenses

Offences 446 Offences

Regulations 447 Regulations
448 Rules of procedure

XI: Amendments to Other Enactments, Repeals, Savings, and Transitional Provisions

Amendments to Other Enactments 449 Consequential amendments
450 Adoption Act 1955 amended
451 Department of Social Welfare Act 1971 consequentially amended
452 Local Government Act 1974 consequentially amended
453 Summary Offences Act 1981 amended
454 Criminal Justice Act 1985 amended
455 Child Care Regulations 1985 consequentially amended

Repeals and Savings 456 Repeals and savings

Transitional Provisions 457 Complaints
458 Informations
459 Guardianship orders
460 Plans and reports to be furnished to Court in respect of orders deemed to be guardianship orders under this Act
461 Review of orders deemed to be guardianship orders under this Act
462 Applications for review of guardianship orders
463 Supervision orders
464 Applications for review of supervision orders
465 Complaints for failure to observe conditions of supervision order
466 Agreements for control of child or young person by the Director-General
467 Homes registered or deemed to be registered under Part IX of Children and Young Persons Act 1974
468 Agreements for assumption of care of child or young person by manager of home or recognised system of foster care
469 Administration of property by Public Trustee

Schedule(s)

1 FIRST SCHEDULE: Provisions Applied to Youth Courts and to Proceedings in Such Courts
2 SECOND SCHEDULE: Enactments Amended
3 THIRD SCHEDULE: Enactments Repealed

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