Children, Young Persons, and Their Families Act 1989
Sections and provisions with full text and the judgments that cite each one.
Section 384G — Restrictions on searches
384G Restrictions on searches (1) A member of staff must consult with the manager or a senior member of staff before carrying out a search under section 384C or section 384E unless consultation…
Section 384H — Use of force in carrying out search
384H Use of force in carrying out search (1) A member of staff may not use physical force in carrying out a search authorised by section 384C or section 384E unless that member of staff has…
Section 384I — Recording of inspections and searches
384I Recording of inspections and searches The manager must ensure that a record is made in the daily log kept in accordance with the regulations of— (a) the details of any inspection or search…
Section 384J — Child or young person may make complaint
384J Child or young person may make complaint A child or young person who has had his or her mail inspected under section 384B or has been searched under section 384C or section 384E may make a…
Section 384K — Power to seize articles, etc, found on inspection or search
384K Power to seize articles, etc, found on inspection or search (1) Any unauthorised item found during any inspection or search may be seized in accordance with the regulations by the member of…
Section 385 — Children and young persons who abscond
385 Children and young persons who abscond (1) This section applies to any child or young person who— (a) Leaves or is taken without authority from a residence: (b) Refuses or neglects to return to a…
Section 386 — Search warrants
386 Search warrants (1) Any Judge or Justice or Community Magistrate or any Registrar (not being a member of the Police) who, on application in writing made on oath by any member of the Police or a…
Section 387 — Chief executive empowered to make payments for benefit of children and young persons
387 Chief executive empowered to make payments for benefit of children and young persons The chief executive may, from time to time, make such payments as may be necessary to meet the reasonable…
Section 388 — Financial and other assistance in respect of children and young persons subject to orders made under this Act
388 Financial and other assistance in respect of children and young persons subject to orders made under this Act (1) The chief executive may, from time to time, make grants or provide financial or…
Section 389 — Financial and other assistance in other cases
389 Financial and other assistance in other cases The chief executive may, from time to time, make grants or provide financial assistance to any person for the purpose of assisting that person to…
Section 390 — Power to control finances of young persons under guardianship or in custody
390 Power to control finances of young persons under guardianship or in custody (1) Every person (being the chief executive or an Iwi Social Service or a Cultural Social Service or the Director of a…
Section 391 — Imposition of charge to meet expenses of providing care for children and young persons
391 Imposition of charge to meet expenses of providing care for children and young persons (1) Where any child or young person to whom this section applies receives earnings or income, the chief…
Section 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
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 (1) A Family Court…
Section 393 — Recovery of cost of maintenance of children and young persons in care
393 Recovery of cost of maintenance of children and young persons in care [Repealed] Section 393 was repealed, as from 1 July 1992, by section 244 Child Support Act 1991 (1991 No 142).
Section 394 — Limitation on tortious liability of chief executive and other persons having care of child or young person
394 Limitation on tortious liability of chief executive and other persons having care of child or young person (1) Subject to subsections (2) and (3) of this section, no liability in tort shall…
Section 395 — Police to be notified of deaths
395 Police to be notified of deaths Where a child or young person to whom this section applies dies, the following provisions shall apply: (a) Where the child or young person was, at the time of his…
Section 396 — Approval of Iwi Social Services, Cultural Social Services, and Child and Family Support Services
396 Approval of Iwi Social Services, Cultural Social Services, and Child and Family Support Services (1) The chief executive may, from time to time, on application made to the chief executive,…
Section 397 — Restrictions on granting of approval
397 Restrictions on granting of approval The chief executive shall not approve any body or organisation as an Iwi Social Service or a Cultural Social Service or a Child and Family Support Service…
Section 398 — Chief executive not to decline application without giving applicant opportunity to make submissions
398 Chief executive not to decline application without giving applicant opportunity to make submissions The chief executive shall not decline an application for an approval under section 396 of this…
Section 399 — Revocation of approval
399 Revocation of approval (1) Subject to this section, where the chief executive is satisfied, in relation to any Iwi Social Service or Cultural Social Service or Child and Family Support Service,…
Section 400 — Assessment of Iwi Social Services, etc
400 Assessment of Iwi Social Services, etc (1) Any Social Worker or other officer of the Department authorised by the chief executive may, from time to time, carry out an assessment of an Iwi Social…
Section 401 — Powers of persons carrying out assessment of Iwi Social Service, etc
401 Powers of persons carrying out assessment of Iwi Social Service, etc (1) For the purpose of carrying out an assessment of an Iwi Social Service or a Cultural Social Service or a Child and Family…
Section 402 — Convener of Iwi Social Service or Cultural Social Service to have power of decision for purposes of this Act
402 Convener of Iwi Social Service or Cultural Social Service to have power of decision for purposes of this Act Where, pursuant to any provision of this Act, a child or young person is placed in the…
Section 403 — Approval of Community Services
403 Approval of Community Services (1) The chief executive may, from time to time, on application by any person, body, or organisation whether incorporated or unincorporated, approve any service as a…
Section 404 — Chief executive not to decline application without giving applicant opportunity to make submissions
404 Chief executive not to decline application without giving applicant opportunity to make submissions The chief executive shall not decline an application for an approval under section 403 of this…
Section 405 — Revocation of approval
405 Revocation of approval (1) Subject to this section, where the chief executive is satisfied, in relation to any Community Service, that the Service is no longer providing services designed to…
Section 406 — Financial assistance to Community Services
406 Financial assistance to Community Services (1) Subject to any general directions given from time to time by the Minister, the chief executive may, from time to time, make grants or provide…
Section 407 — Chief executive may contract with Community Services for provision of services
407 Chief executive may contract with Community Services for provision of services The chief executive may from time to time, on behalf of the Crown, enter into a contract with any Community Service…
Section 408 — Assessment of Community Services
408 Assessment of Community Services (1) Any Social Worker or other officer of the Department authorised by the chief executive may, from time to time, carry out an assessment of a Community Service…
Section 409 — Powers of person carrying out assessment of Community Service
409 Powers of person carrying out assessment of Community Service (1) For the purpose of carrying out an assessment of a Community Service under section 408 of this Act, a Social Worker or other…
Section 410 — Commissioner for Children
410 Commissioner for Children [Repealed] Subsection (2) was inserted, as from 21 December 1992, by section 42 Public Finance Amendment Act 1992 (1992 No 142). Part 9 (sections 410 to 422) was…
Section 411 — Functions of Commissioner
411 Functions of Commissioner [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children's Commissioner Act 2003 (2003 No 121).
Section 412 — Powers of Commissioner
412 Powers of Commissioner [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children's Commissioner Act 2003 (2003 No 121).
Section 413 — Commissioner may regulate own procedure
413 Commissioner may regulate own procedure [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children's Commissioner Act 2003 (2003 No 121).
Section 414 — Commissioner not to make adverse comment unless opportunity to be heard given
414 Commissioner not to make adverse comment unless opportunity to be heard given [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children's Commissioner…
Section 415 — Annual report
415 Annual report [Repealed] Section 415 was substituted, as from 21 December 1992, by section 42 Public Finance Amendment Act 1992 (1992 No 142). Part 9 (sections 410 to 422) was repealed, as from…
Section 416 — Appointment of Commissioner
416 Appointment of Commissioner [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children's Commissioner Act 2003 (2003 No 121).
Section 417 — Term of office and conditions of employment of Commissioner
417 Term of office and conditions of employment of Commissioner [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children's Commissioner Act 2003 (2003 No…
Section 418 — Removal from office
418 Removal from office [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children's Commissioner Act 2003 (2003 No 121).
Section 419 — Superannuation or retiring allowances
419 Superannuation or retiring allowances [Repealed] The National Provident Fund Act 1950, referred to in subsection (1), was repealed, as from 1 April 1991, by section 81(1) National Provident Fund…
Section 420 — Proceedings privileged
420 Proceedings privileged [Repealed] Subsection (4) was substituted, as from 1 February 1993, by section 56(1) Defamation Act 1992 (1992 No 105). Part 9 (sections 410 to 422) was repealed, as from…
Section 421 — Commissioner deemed to be official
421 Commissioner deemed to be official [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children's Commissioner Act 2003 (2003 No 121).
Section 422 — Money to be appropriated by Parliament for purposes of this Part of this Act
422 Money to be appropriated by Parliament for purposes of this Part of this Act [Repealed] Part 9 (sections 410 to 422) was repealed, as from 26 November 2003, by section 37 Children's Commissioner…
Section 423 — Appointment of Care and Protection Co-ordinators
423 Appointment of Care and Protection Co-ordinators (1) The chief executive shall, from time to time, for the purposes of this Act, appoint under the State Sector Act 1988 a sufficient number of…
Section 424 — Duties of Care and Protection Co-ordinator
424 Duties of Care and Protection Co-ordinator The duties of a Care and Protection Co-ordinator are as follows: (a) To receive reports and referrals in accordance with Part 2 of this Act: (b) To…
Section 425 — Appointment of Youth Justice Co-ordinators
425 Appointment of Youth Justice Co-ordinators (1) The chief executive shall, from time to time, for the purposes of this Act, appoint under the State Sector Act 1988 a sufficient number of Youth…
Section 426 — Duties of Youth Justice Co-ordinator
426 Duties of Youth Justice Co-ordinator The duties of a Youth Justice Co-ordinator are as follows: (a) To receive reports in accordance with section 18(3) of this Act: (b) Where a child or young…
Section 427 — Delegation of functions of Care and Protection Co-ordinator or Youth Justice Co-ordinator to Social Worker
427 Delegation of functions of Care and Protection Co-ordinator or Youth Justice Co-ordinator to Social Worker (1) A Care and Protection Co-ordinator or a Youth Justice Co-ordinator may, from time to…
Section 428 — Care and Protection Resource Panels
428 Care and Protection Resource Panels (1) The chief executive shall establish advisory committees, to be known as Care and Protection Resource Panels, which shall have the functions specified in…
Section 429 — Functions of Care and Protection Resource Panels
429 Functions of Care and Protection Resource Panels The functions of every Care and Protection Resource Panel shall be— (a) To provide advice to Social Workers, Care and Protection Co-ordinators,…