Children, Young Persons, and Their Families Act 1989
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short Title and commencement
1 Short Title and commencement (1) This Act may be cited as the Children, Young Persons, and Their Families Act 1989. (2) This Act shall come into force on the 1st day of November 1989.
Section Sch1-1
1 The District Courts Act 1947 , except that— (a) Where any provisions of this Act conflict with any of the provisions of the District Courts Act 1947 , the provisions of this Act shall prevail: (b)…
Section Sch1-2
2 Part 2 of the Summary Proceedings Act 1957 , except that— (a) Informations against young persons shall continue to be filed in District Courts notwithstanding that they may be heard and determined…
Section Sch1-3
3 Part 3 of the Bail Act 2000 except that— (a) neither a Justice nor a Community Magistrate may exercise any of the powers conferred by section 34 : (b) the provisions of section 31 apply as if there…
Section 2 — Interpretation
2 Interpretation (1) In this Act, unless the context otherwise requires,— Care and Protection Co-ordinator means a Care and Protection Co-ordinator appointed by the chief executive pursuant to…
Section Sch2-“ 205 — Proceedings not invalid because defendant should have been dealt with in Youth Court—
“ 205 Proceedings not invalid because defendant should have been dealt with in Youth Court— “ (1) No conviction or order or other process or proceeding shall be held invalid by reason only that at…
Section Sch2-“ 209
“ 209 Act not to apply to Youth Court unless provided-Except as expressly provided in the Children, Young Persons, and Their Families Act 1989, nothing in this Act shall apply to proceedings in any…
Section Sch2-“ 34
“ 34 Other Acts not affected-Except as expressly provided in this Act, nothing in this Act shall limit or affect the provisions of the Children, Young Persons, and Their Families Act 1989 or of the…
Section 3 — Act to bind the Crown
3 Act to bind the Crown This Act binds the Crown.
Section Sch3 — Enactments repealed
Schedule 3 Enactments repealed Section 456 1974, No 72—The Children and Young Persons Act 1974. 1975, No 122—The Disabled Persons Community Welfare Act 1975 : section 23 . 1977, No 126—The Children…
Section 4 — Objects
4 Objects The object of this Act is to promote the well-being of children, young persons, and their families and family groups by— (a) Establishing and promoting, and assisting in the establishment…
Section 5 — Principles to be applied in exercise of powers conferred by this Act
5 Principles to be applied in exercise of powers conferred by this Act Subject to section 6 of this Act, any Court which, or person who, exercises any power conferred by or under this Act shall be…
Section 6 — Welfare and interests of child or young person paramount
6 Welfare and interests of child or young person paramount In all matters relating to the administration or application of this Act (other than Parts 4 and 5 and sections 351 to 360 ), the welfare…
Section 7 — Duties of chief executive
7 Duties of chief executive (1) It is the duty of the chief executive to take such positive and prompt action and steps as will in the chief executive's opinion best ensure— (a) That the objects of…
Section 8 — Parents and others to be informed of decisions
8 Parents and others to be informed of decisions (1) Where any person takes any action, or makes any decision, under this Act that significantly affects any child or young person, that person shall…
Section 9 — Interpreters
9 Interpreters (1) Where— (a) Any Court hears any proceedings under this Act relating to a child or young person; or (b) Any person takes or proposes to take any action under this Act in relation to…
Section 10 — Duty of Court and counsel to explain proceedings
10 Duty of Court and counsel to explain proceedings (1) Where, in any proceedings under this Act, a child or young person, or any parent or guardian or other person having the care of a child or…
Section 11 — Duty of Court and counsel to encourage and assist child or young person to participate in proceedings
11 Duty of Court and counsel to encourage and assist child or young person to participate in proceedings Where, in any proceedings under this Act, a child or young person appears before a Family…
Section 12 — Duty of medical practitioner to minimise distress to child or young person
12 Duty of medical practitioner to minimise distress to child or young person Every medical practitioner who carries out a medical examination of any child or young person under any provision of this…
Section 13 — Principles
13 Principles Subject to sections 5 and 6 of this Act, any Court which, or person who, exercises any powers conferred by or under this Part or Part 3 or Part 3A or sections 341 to 350 of this Act…
Section 14 — 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 (1) A child or young person is in need of care or protection within the meaning of this Part of this Act if— (a) The child or…
Section 14A — Conduct outside New Zealand
14A Conduct outside New Zealand For the purposes of this Act, it does not matter whether the conduct constituting a ground referred to in section 14(1) occurred partly or wholly outside New Zealand.…
Section 15 — Reporting of ill-treatment or neglect of child or young person
15 Reporting of ill-treatment or neglect of child or young person Any person who believes that any child or young person has been, or is likely to be, harmed (whether physically, emotionally, or…
Section 16 — Protection of person reporting ill-treatment or neglect of child or young person
16 Protection of person reporting ill-treatment or neglect of child or young person No civil, criminal, or disciplinary proceedings shall lie against any person in respect of the disclosure or…
Section 17 — Investigation of report of ill-treatment or neglect of child or young person
17 Investigation of report of ill-treatment or neglect of child or young person (1) Where any Social Worker or member of the Police receives a report pursuant to section 15 of this Act relating to a…
Section 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
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 (1) Where any Social Worker or member of the…
Section 19 — Referral of care or protection cases to Care and Protection Co-ordinator by other persons or by Court
19 Referral of care or protection cases to Care and Protection Co-ordinator by other persons or by Court (1) Where— (a) After inquiry, any body or organisation (including a Government department or…
Section 20 — Convening of family group conferences
20 Convening of family group conferences Where, pursuant to this Part of this Act, a Care and Protection Co-ordinator is authorised or required to convene or reconvene a family group conference, that…
Section 21 — Care and Protection Co-ordinator to consult family, whanau, or family group on convening of family group conference
21 Care and Protection Co-ordinator to consult family, whanau, or family group on convening of family group conference Every Care and Protection Co-ordinator shall, before convening any family group…
Section 22 — Persons entitled to attend family group conference
22 Persons entitled to attend family group conference (1) Subject to subsection (2) of this section, the following persons are entitled to attend a family group conference convened under this Part of…
Section 23 — Care and Protection Co-ordinator to ensure that relevant information and advice made available to family group conference
23 Care and Protection Co-ordinator to ensure that relevant information and advice made available to family group conference (1) Every Care and Protection Co-ordinator who convenes a family group…
Section 24 — Care and Protection Co-ordinator to ascertain views of persons unable to attend family group conference
24 Care and Protection Co-ordinator to ascertain views of persons unable to attend family group conference (1) Every Care and Protection Co-ordinator who convenes a family group conference under this…
Section 25 — Notification of convening of family group conference
25 Notification of convening of family group conference (1) Subject to subsection (2) of this section, every Care and Protection Co-ordinator who convenes a family group conference under this Part of…
Section 26 — Procedure at family group conference
26 Procedure at family group conference (1) Subject to this Part of this Act, a family group conference may regulate its procedure in such manner as it thinks fit. (2) Subject to section 5(f) of this…
Section 27 — Department to provide administrative services to family group conference
27 Department to provide administrative services to family group conference The Department shall provide such administrative services as may be necessary to enable a family group conference to…
Section 28 — Functions of family group conference
28 Functions of family group conference The functions of a family group conference convened under this Part of this Act are as follows: (a) To consider, in relation to the child or young person in…
Section 29 — Family group conference may make decisions and recommendations and formulate plans
29 Family group conference may make decisions and recommendations and formulate plans (1) A family group conference convened under this Part of this Act may make such decisions and recommendations…
Section 30 — Care and Protection Co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference
30 Care and Protection Co-ordinator to seek agreement to decisions, recommendations, and plans of family group conference (1) Where a family group conference makes any decision or recommendation, or…
Section 31 — Procedure where no agreement possible
31 Procedure where no agreement possible (1) Where— (a) The members of a family group conference are unable to agree on what decisions, recommendations, or plans should be made in relation to the…
Section 32 — Records of decisions, recommendations, and plans of family group conferences to be made available to interested persons
32 Records of decisions, recommendations, and plans of family group conferences to be made available to interested persons (1) Every Care and Protection Co-ordinator who convenes a family group…
Section 33 — Department to maintain records of proceedings of family group conferences
33 Department to maintain records of proceedings of family group conferences (1) Every written record made pursuant to section 29(3) of this Act in relation to a family group conference shall be kept…
Section 34 — Chief Executive to give effect to decisions, recommendations, and plans of family group conference
34 Chief Executive to give effect to decisions, recommendations, and plans of family group conference (1) The chief executive shall consider every decision, recommendation, or plan that is made or…
Section 35 — Police to comply with decisions, recommendations, and plans of family group conference
35 Police to comply with decisions, recommendations, and plans of family group conference Where— (a) Any decision, recommendation, or plan is made or formulated by a family group conference; and (b)…
Section 36 — Family group conference may reconvene to review its decisions, recommendations, and plans
36 Family group conference may reconvene to review its decisions, recommendations, and plans (1) Where any decision, recommendation, or plan is made or formulated by a family group conference…
Section 37 — Proceedings of family group conference privileged
37 Proceedings of family group conference privileged (1) No evidence shall be admissible in any Court, or before any person acting judicially, of any information, statement, or admission disclosed or…
Section 38 — Proceedings of family group conference not to be published
38 Proceedings of family group conference not to be published (1) Subject to subsection (2) of this section, no person shall publish any report of the proceedings of any family group conference. (2)…
Section 39 — Place of safety warrants
39 Place of safety warrants (1) Any District Court Judge or, if no District Court Judge is available, any Justice or any Community Magistrate or any Registrar (not being a member of the Police), who,…
Section 40 — Warrant to remove child or young person
40 Warrant to remove child or young person (1) Where an application for a declaration under section 67 of this Act has been made in respect of a child or young person, any District Court Judge or, if…
Section 41 — Person executing warrant to produce evidence of authority and identity
41 Person executing warrant to produce evidence of authority and identity [Repealed] Section 41 was repealed, as from 2 September 1996, by section 2(2) Children, Young Persons, and Their Families…
Section 42 — Search without warrant
42 Search without warrant (1) Any member of the Police who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without…