Children, Young Persons, and Their Families Act 1989
Sections and provisions with full text and the judgments that cite each one.
Section 43 — Placement of child or young person placed in custody of chief executive
43 Placement of child or young person placed in custody of chief executive (1) Subject to subsection (2) of this section, where a child or young person is placed in the custody of the chief executive…
Section 44 — Parent or guardian may apply for release of or access to child or young person
44 Parent or guardian may apply for release of or access to child or young person (1) Where a child or young person is placed in the custody of the chief executive pursuant to section 39 or section…
Section 45 — Child or young person placed in custody of chief executive to be brought before Court within 5 days unless sooner released
45 Child or young person placed in custody of chief executive to be brought before Court within 5 days unless sooner released A child or young person who is placed in the custody of the chief…
Section 46 — Powers of Court where application made under section 44 or child or young person brought before Court under section 45
46 Powers of Court where application made under section 44 or child or young person brought before Court under section 45 Where an application is made to the Court under section 44 of this Act, or a…
Section 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
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 (1) Where— (a) A child or young person is placed…
Section 48 — Unaccompanied children and young persons
48 Unaccompanied children and young persons (1) Where a child or young person is found unaccompanied by a parent or guardian or other person who usually has the care of the child or young person in a…
Section 49 — Court may order medical examination of child or young person
49 Court may order medical examination of child or young person (1) Where the Court is satisfied— (a) That there are reasonable grounds for suspecting that a child or young person is suffering…
Section 50 — Ex parte application for order for medical examination
50 Ex parte application for order for medical examination (1) An order may be made under section 49 of this Act on an ex parte application if the Court is satisfied— (a) That the delay that would be…
Section 51 — Court may impose conditions on order for medical examination
51 Court may impose conditions on order for medical examination Any order under section 49 of this Act may be made on such terms and conditions as the Court thinks fit, including restrictions on the…
Section 52 — Medical practitioner to prepare report on examination
52 Medical practitioner to prepare report on examination (1) Every medical practitioner who carries out a medical examination of a child or young person pursuant to an order under section 49 of this…
Section 53 — Medical examination of child or young person at request of Social Worker
53 Medical examination of child or young person at request of Social Worker (1) This section applies to any child or young person— (a) In respect of whom a warrant has been issued under section 39 of…
Section 54 — Child or young person entitled to have adult present
54 Child or young person entitled to have adult present Every child or young person who is medically examined under section 53 of this Act is entitled to have present during that examination one…
Section 55 — Restrictions on internal examinations and examinations under general anaesthetic
55 Restrictions on internal examinations and examinations under general anaesthetic (1) No medical examination carried out under section 53 of this Act shall include any internal examination of the…
Section 56 — Medical practitioner to prepare report on examination
56 Medical practitioner to prepare report on examination Every medical practitioner who carries out a medical examination of a child or young person under section 53 of this Act shall forthwith…
Section 57 — Social Worker to make report to chief executive
57 Social Worker to make report to chief executive A Social Worker who exercises the power under section 53(3) of this Act to require a medical examination to be carried out shall, within 3 days…
Section 58 — Fees for reports prepared under section 52 or section 56
58 Fees for reports prepared under section 52 or section 56 Where any person prepares a report pursuant to section 52 or section 56 of this Act, the fees and expenses of that person shall be paid—…
Section 59 — Application for production of documents relevant to investigation of whether child or young person in need of care or protection
59 Application for production of documents relevant to investigation of whether child or young person in need of care or protection (1) Subject to subsection (4) of this section, where— (a) Any…
Section 60 — Ex parte application for order for production of document
60 Ex parte application for order for production of document (1) An order may be made under section 61 of this Act on an ex parte application if the Court is satisfied that proceeding on notice would…
Section 61 — Court may order document to be produced
61 Court may order document to be produced (1) Where an application is made under section 59 of this Act for the production of any document, and the Court is satisfied that the document contains…
Section 62 — Section 61 to apply notwithstanding any enactment or rule of law
62 Section 61 to apply notwithstanding any enactment or rule of law (1) Subject to section 59(4) of this Act, section 61 of this Act applies notwithstanding any enactment, or any rule of law, that…
Section 63 — Right to remove, retain, and make copies of document produced under section 61
63 Right to remove, retain, and make copies of document produced under section 61 A Social Worker or member of the Police to whom a document is produced for inspection under section 61 of this Act…
Section 64 — Document produced under section 61 not to be used for any other purpose
64 Document produced under section 61 not to be used for any other purpose (1) A Social Worker or member of the Police to whom a document is produced for inspection under section 61 of this Act— (a)…
Section 65 — Use of documents in subsequent proceedings
65 Use of documents in subsequent proceedings (1) No document produced, pursuant to an order under section 61 of this Act, to any Social Worker or member of the Police shall be admissible as evidence…
Section 66 — Government Departments may be required to supply information
66 Government Departments may be required to supply information (1) Every Government Department, agent, or instrument of the Crown and every statutory body shall, when required, supply to every Care…
Section 67 — Grounds for declaration that child or young person is in need of care or protection
67 Grounds for declaration that child or young person is in need of care or protection A Court may, on application, where it is satisfied on any of the grounds specified in section 14(1) of this Act…
Section 68 — Application 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 An application for a declaration that a child or young person is in need of care or protection may be made…
Section 69 — Joint applications
69 Joint applications An application for a declaration that a child or young person is in need of care or protection may be made jointly by a Social Worker or member of the Police and a parent or…
Section 70 — No application to be made unless family group conference has been held
70 No application to be made unless family group conference has been held (1) Subject to subsection (2) of this section, no application for a declaration that a child or young person is in need of…
Section 71 — Court may make declaration in absence of proof of responsibility for neglect or ill-treatment of child or young person
71 Court may make declaration in absence of proof of responsibility for neglect or ill-treatment of child or young person Where— (a) An application for a declaration that a child or young person is…
Section 72 — Court not to make declaration unless family group conference held
72 Court not to make declaration unless family group conference held (1) Subject to subsection (2) of this section, the Court shall not make a declaration under section 67 of this Act that a child or…
Section 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
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 (1) The Court shall not make a declaration under section 67…
Section 74 — Court may require parties to undergo counselling
74 Court may require parties to undergo counselling (1) Where an application is made to the Court for a declaration under section 67 of this Act in relation to a child or young person, the Court may…
Section 75 — Counsellor to arrange meeting and submit report on outcome
75 Counsellor to arrange meeting and submit report on outcome (1) Where a direction is made under section 74(1) of this Act, the counsellor who is to undertake the counselling shall— (a) Arrange to…
Section 76 — Fees
76 Fees Any fees charged by any counsellor in respect of any counselling carried out pursuant to any direction made under section 74 of this Act shall, to the extent that those fees are reasonable,…
Section 77 — Privilege
77 Privilege (1) No evidence shall be admissible in any Court, or before any person acting judicially, of any information, statement, or admission disclosed or made to any person in the course of…
Section 78 — Custody of child or young person pending determination of proceedings
78 Custody of child or young person pending determination of proceedings (1) In any proceedings in a Court under Part 2 of this Act in relation to a child or young person, the Court may, on the…
Section 79 — Persons who may be granted custody under section 78
79 Persons who may be granted custody under section 78 (1) An order made under section 78 of this Act may place a child or young person in the custody of any of the following persons: (a) The chief…
Section 80 — Effect of order made under section 78
80 Effect of order made under section 78 Section 104 , section 105 (other than paragraph (a) , paragraph (b)(i) , and paragraph (c) of subsection (1) of that section), section 106 , and section 107…
Section 81 — Placement of child or young person under order made under section 78
81 Placement of child or young person under order made under section 78 (1) Where, pursuant to an order made under section 78 of this Act, a child or young person is placed in the custody of any…
Section 82 — Child or young person may be returned to person who previously had care
82 Child or young person may be returned to person who previously had care (1) This section applies where a child or young person is placed in the custody of the chief executive, an Iwi Social…
Section 83 — Orders of Court on making of declaration
83 Orders of Court on making of declaration (1) Where the Court makes a declaration under section 67 of this Act relating to a child or young person, it may do one or more of the following things:…
Section 84 — Power to make other orders where declaration made on ground of child's offending
84 Power to make other orders where declaration made on ground of child's offending (1) Where the Court makes a declaration under section 67 of this Act in relation to a child, and the declaration is…
Section 85 — Recall to come before Court
85 Recall to come before Court (1) Where the Court makes an order under section 83(1)(b) of this Act, the Court may, at any time during the duration of the order, direct, on the application of— (a) A…
Section 86 — Services orders
86 Services orders (1) Where the Court makes a declaration under section 67 of this Act in relation to a child or young person, it may— (a) Make an order directing the chief executive or any other…
Section 86A — Interim services orders
86A Interim services orders Where an application is made to the Court for a declaration under section 67 of this Act in relation to a child or young person, the Court may, on application by the…
Section 87 — Restraining orders
87 Restraining orders (1) Where the Court makes a declaration under section 67 of this Act in relation to a child or young person, it may, on or at any time after making that declaration, make an…
Section 88 — Interim restraining orders
88 Interim restraining orders Where an application is made to the Court for a declaration under section 67 of this Act in relation to a child or young person, the Court may, on application by the…
Section 89 — Offence to contravene restraining order or interim restraining order
89 Offence to contravene restraining order or interim restraining order Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months, or to a…
Section 90 — When restraining order shall cease to have effect
90 When restraining order shall cease to have effect Where the Court makes an order under section 87 or section 88 of this Act in relation to a child or young person, that order shall cease to have…
Section 91 — Support orders
91 Support orders (1) Where the Court makes a declaration under section 67 of this Act in relation to a child or young person, it may make an order directing the chief executive or any other person…