Children’s Act 2014

1: Title
This Act is the Children’s Section 1 amended 21 December 2018 section 5 Children's Amendment Act 2018
2: Commencement
1: This Act comes into force on the day after the date on which it receives the Royal assent, except as provided in subsections (2) and (3).
2: Section 18 Part 3
3: Any provision not brought into force earlier comes into force 2 years after the date on which this Act receives the Royal assent.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(2) brought into force 1 July 2015 section 2 Vulnerable Children Act Commencement Order 2015 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 2A inserted 21 December 2018 section 6 Children's Amendment Act 2018
3: Act binds the Crown
1: This Act
2: Subsection (1) is subject to section 12 section 20 section 22 Section 3(2) amended 21 December 2018 section 7 Children's Amendment Act 2018
1: Strategy for improving children’s well-being and oranga tamariki action plan
Part 1 replaced 21 December 2018 section 8 Children's Amendment Act 2018
4: Purpose of this Part
The purpose of this Part is to—
a: require the Government to adopt, publish, and review a strategy for improving the well-being of children; and
b: ensure that children’s agencies work together to improve the well-being of particular groups of children. Section 4 replaced 21 December 2018 section 8 Children's Amendment Act 2018
4A: Treaty of Waitangi (Tiriti o Waitangi)
The duties of the responsible Minister set out in sections 6D(1)(d) 7C(2)(a) Section 4A inserted 21 December 2018 section 8 Children's Amendment Act 2018
5: Interpretation
1: In this Part, unless the context otherwise requires,— child
a: a person who is under the age of 18 years:
b: a person who is under the age of 21 years and has been in care (as defined in this subsection):
c: a person who is under the age of 25 years and is receiving transition support from the department under Part 7 Children and Young People’s Commission section 11 children’s agencies
a: Domestic Violence Act 1995
b: Education and Training Act 2020
c: Pae Ora (Healthy Futures) Act 2022
d: Oranga Tamariki Act 1989
e: Policing Act 2008
f: Social Security Act 2018
g: any other Act or Acts for the time being prescribed under subsection (2) children’s Ministers
a: have relevant portfolio responsibilities for 1 or more of the children’s agencies (but excluding all related Associate Ministers of the Crown, if any); or
b: are designated by the Prime Minister as children’s Ministers for the purpose of this Part core populations of interest to the department
a: children who have early risk factors for future involvement in the statutory care, protection, and youth justice systems under the Oranga Tamariki Act 1989
b: children who are all or any of the following:
i: children receiving assistance from the department (whether or not they are children in need of care or protection) under Part 2
ii: children who are subject to a custody order, an order appointing a person specified in section 110(1)(a) to (e) Part 2
iii: children who are subject to proceedings or orders under Part 4 section 173 174
iv: children receiving transition support from the department under Part 7
c: children who are any persons who are under the age of 21 years and who have been in care (as defined in this subsection) department Oranga Tamariki Act 1989 financial year household child’s household section 5 in care
a: placed or detained in the custody or care of the chief executive of the department, a person, a body, or an organisation under the Oranga Tamariki Act 1989
b: remanded in the custody of the chief executive of the department under section 173 174
c: detained in a residence under section 34A oranga tamariki action plan plan Minister responsible Minister strategy UNCROC Schedule 2 UNCRPD
2: The Governor-General may, by Order in Council, prescribe any other Act or Acts for the purposes of paragraph (g) of the definition of children’s agencies in subsection (1).
3: An order under subsection (2) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 5 replaced 21 December 2018 section 8 Children's Amendment Act 2018 Section 5(1) Children and Young People’s Commission inserted 1 July 2023 section 41 Children and Young People's Commission Act 2022 Section 5(1) children’s agencies amended 1 August 2020 section 668 Education and Training Act 2020 Section 5(1) children’s agencies replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 5(1) Children’s Commissioner repealed 1 July 2023 section 41 Children and Young People's Commission Act 2022 Section 5(1) UNCROC amended 1 July 2023 section 41 Children and Young People's Commission Act 2022 Section 5(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Strategy for improving children’s well-being Heading inserted 21 December 2018 section 8 Children's Amendment Act 2018
6: Adoption of strategy
1: The responsible Minister must, after consulting the children’s Ministers, adopt a strategy to address—
a: improving the well-being of all children; and
b: improving, as a particular focus, the well-being of children with greater needs; and
c: reducing child poverty and mitigating impacts of child poverty and of socio-economic disadvantage experienced by children; and
d: improving the well-being of the core populations of interest to the department.
2: The responsible Minister may, after consulting with the children’s Ministers, change a strategy adopted under this section.
3: Subsections (1) and (2) do not limit or affect consultation with any other Ministers that the responsible Minister considers it appropriate to consult on the strategy. Section 6 replaced 21 December 2018 section 8 Children's Amendment Act 2018
6A: Strategy and international obligations
1: The strategy is intended to help New Zealand meet its international obligations relating to children.
2: Those obligations include New Zealand’s obligations relating to children under the UNCROC and the UNCRPD.
3: However, this Part does not, in and of itself, give domestic legal effect to, or implement in New Zealand law, any of those obligations. Section 6A inserted 21 December 2018 section 8 Children's Amendment Act 2018
6B: Policy-related principles Minister must have regard to before strategy adopted or changed
1: Before adopting a strategy, or changing a strategy adopted, under section 6
a: policies should be informed by evidence about their expected effectiveness in achieving the social and economic outcomes sought by the strategy:
b: policies should prevent or minimise negative social outcomes and, if they do occur, should address them as early as possible:
c: the Government should evaluate the effectiveness of policies.
2: In this section, policies Section 6B inserted 21 December 2018 section 8 Children's Amendment Act 2018
6C: Child-related principles Minister must have regard to before strategy adopted or changed
Before adopting a strategy, or changing a strategy adopted, under section 6
a: children’s intrinsic value and inherent dignity should be acknowledged:
b: children’s rights in New Zealand law (including children’s rights in New Zealand law that are derived from the UNCROC or the UNCRPD) must be respected and upheld:
c: children should be viewed in the context of their families, whānau, hapū, and iwi, other culturally recognised family groups, and communities. Section 6C inserted 21 December 2018 section 8 Children's Amendment Act 2018
6D: Other consultation before strategy adopted or changed
1: Before adopting a strategy, or changing a strategy adopted, under section 6
a: any children, or representatives of children, that the responsible Minister considers appropriate (in order to ensure that children’s views on the proposed strategy or change are taken into account); and
b: the Children and Young People’s Commission
c: the Minister of the Crown who is responsible for the Ministry of Māori Development; and
d: any representatives of Māori (for example, of iwi, and of Māori organisations) that the responsible Minister considers appropriate.
2: Subsection (1) does not limit or affect consultation with any other organisations, or any other individuals, that the responsible Minister considers it appropriate to consult on the strategy. Section 6D inserted 21 December 2018 section 8 Children's Amendment Act 2018 Section 6D(1)(b) amended 1 July 2023 section 41 Children and Young People's Commission Act 2022
6E: Publication and status of strategy
1: A strategy, or changes to a strategy, adopted under section 6 section 7A
a: be notified in the Gazette
b: be published on, and available at all reasonable times from, an Internet site maintained by or on behalf of the children’s agencies.
2: The Gazette
3: Section 6E inserted 21 December 2018 section 8 Children's Amendment Act 2018 Section 6E(3) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
7: Content of strategy
1: The strategy must include outcomes sought—
a: under section 6(1)(a), (b), and (d)
b: in particular, under section 6(1)(c)
2: The strategy must indicate—
a: the extent to which the outcomes included in the strategy are measurable:
b: how the measurable outcomes will be measured, including by analysing disparities of outcome for—
i: children in poverty; and
ii: children who, compared with all children, are children with socio-economic disadvantage:
c: if 1 or more earlier strategies have been adopted under section 6
d: the policies that the Government intends to implement, after the adoption of the strategy, to achieve the outcomes sought by that strategy, and any steps that the Government intends to take to evaluate the effectiveness of those policies.
3: The strategy must include an assessment of the likely effect of Government policies whose aim is or includes all or any of the following:
a: reducing child poverty:
b: mitigating impacts of child poverty or of socio-economic disadvantage experienced by children.
4: The assessment required by subsection (3) must address the following matters:
a: economic changes likely to arise from the implementation of the policies:
b: how the impact of the policies may be affected by any economic changes external to the policies. Section 7 replaced 21 December 2018 section 8 Children's Amendment Act 2018
7A: Duty to review strategy
The responsible Minister must, in consultation with the children’s Ministers, complete a review of the strategy—
a: within 3 years after the date of its first adoption under section 6
b: thereafter within 3 years after the date of completion of the most recent review of it under this section. Section 7A inserted 21 December 2018 section 8 Children's Amendment Act 2018
7B: Duty to prepare and publish annual report on progress in achieving strategy’s outcomes
1: The responsible Minister must, within 9 months after a financial year, prepare a report on achievement, during that year, of the outcomes that the strategy indicates are sought, during that year, for children identified in the strategy.
2: Before finalising the report, the responsible Minister must consult the children’s Ministers on a draft of the report.
3: As soon as is reasonably practicable after the report is prepared, the responsible Minister must ensure that it is—
a: presented to the House of Representatives; and
b: published on 1 or more Internet sites maintained by or on behalf of the children’s agencies. Section 7B inserted 21 December 2018 section 8 Children's Amendment Act 2018
7C: Annual report: analysis of identified populations
1: The report required by section 7B
2: The identified populations
a: Māori children; and
b: any groups identified for the report under subsection (3).
3: The responsible Minister may identify for the report 1 or more groups of other children, analysis of whom may help achieve outcomes sought by the strategy.
4: Examples of groups of other children who may be identified are Pacific children, disabled children, and children with a disabled parent, guardian, or caregiver.
5: However, this section does not require the report to include analysis of the identified populations if, or so far as, available data is not reasonably adequate to enable that analysis to be done using the relevant statistical methodology. Section 7C inserted 21 December 2018 section 8 Children's Amendment Act 2018 Oranga tamariki action plan Heading inserted 21 December 2018 section 8 Children's Amendment Act 2018
7D: Purpose of plan
The purpose of the oranga tamariki action plan is to indicate how the chief executives of the children’s agencies will work together to improve the well-being of the core populations of interest to the department. Section 7D inserted 21 December 2018 section 8 Children's Amendment Act 2018
8: Preparation of plan
1: The chief executives of the children’s agencies must, after the strategy is adopted or changed under section 6 section 10A(1)(b)
a: develop a draft oranga tamariki action plan; and
b: submit it to the plan Minister for approval.
2: The plan Minister must, after consulting the children’s Ministers about the draft plan,—
a: approve the draft plan; or
b: refer it to the chief executives of the children’s agencies for reconsideration, together with the Minister’s reasons for referring it back to the chief executives.
3: The chief executives, on receiving a referral under subsection (2)(b), must reconsider the draft plan and, as soon as is reasonably practicable, submit a revised draft plan to the plan Minister for approval under subsection (1). Section 8 replaced 21 December 2018 section 8 Children's Amendment Act 2018
8A: Publication and status of plan
1: The oranga tamariki action plan must, after it is approved by the plan Minister,—
a: be notified in the Gazette
b: be published on, and available at all reasonable times from, an Internet site maintained by or on behalf of the children’s agencies.
2: The Gazette
3: The oranga tamariki action plan may be published under subsection (1)(b) with, or without, any related reports accompanying the draft plan submitted for approval under section 8(1)(b)
4: Section 8A inserted 21 December 2018 section 8 Children's Amendment Act 2018 Section 8A(4) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
9: Content of plan
1: The oranga tamariki action plan (and any draft of it)—
a: must set out the steps that the chief executives of the children’s agencies will take to work together to achieve the outcomes that the strategy sets out for the core populations of interest to the department; and
b: may set out any other steps that the chief executives have decided that they will take to work together to improve the well-being of those groups.
2: The chief executives must consider how the steps to be set out in the plan will promote the best interests of the core populations of interest to the department (having regard to the whole of their lives), including (without limitation) by—
a: protecting them from abuse and neglect:
b: improving their physical and mental health and their cultural and emotional well-being:
c: improving their education and training and their participation in recreation and cultural activities:
d: strengthening their connection to their families, whānau, hapū, and iwi, or other culturally recognised family group:
e: increasing their participation in decision making about them, and their contribution to, and participation in, society:
f: improving their social and economic well-being (for example, by reducing, or mitigating the impacts of, poverty).
3: The steps to improve the well-being of children specified in paragraph (b) of the definition in section 5(1)
a: participation by the children’s agencies (and any contracted or related service providers, where appropriate) in assessment, planning, and decision making in relation to those children:
b: the provision of services (including any contracted or related services where appropriate) to those children. Section 9 replaced 21 December 2018 section 8 Children's Amendment Act 2018
10: Duration of plan
The oranga tamariki action plan—
a: comes into effect on a date (after the date on which it is approved) specified in it for the purpose; and
b: continues in force until it is amended or replaced under section 10A Section 10 replaced 21 December 2018 section 8 Children's Amendment Act 2018
10A: Review and amendment or replacement of plan
1: The chief executives of the children’s agencies must, working together, review the plan, within a time specified by the plan Minister, if—
a: the strategy adopted from time to time under section 6
b: the plan Minister so directs.
2: When reviewing the oranga tamariki action plan, the chief executives must—
a: consider whether the plan is still consistent with the current strategy adopted under section 6
b: if the chief executives consider it appropriate, recommend to the plan Minister that he or she—
i: approve amendments to the plan; or
ii: approve a new plan.
3: Sections 8(2) and (3) 8A Section 10A inserted 21 December 2018 section 8 Children's Amendment Act 2018
11: Implementation reports
Once the oranga tamariki action plan has come into effect, the chief executive of each children’s agency must—
a: report (jointly with each of the other chief executives of the children’s agencies) to the plan Minister, by a date in each year specified by the plan Minister, on whether the agency has, or on the extent to which the agency has, before that date (and after the periods covered by all earlier reports, if any, under this paragraph), implemented the plan while it has been in force; and
b: ensure that a copy of every implementation report required by paragraph (a) is included in the agency’s next annual report (under section 43 Section 11 replaced 21 December 2018 section 8 Children's Amendment Act 2018 Effect and accountabilities Heading inserted 21 December 2018 section 8 Children's Amendment Act 2018
12: Effect of strategy and plan
1: The strategy and the oranga tamariki action plan do not—
a: create legal rules; or
b: create any legal right enforceable in a court of law; or
c: affect or limit the way in which a person (for example, a Minister of the Crown or chief executive of a department of State) is required to exercise a statutory power of decision; or
d: affect the interpretation of any enactment or the operation of a rule of law; or
e: restrict the ability of the Crown to exercise its powers and perform its functions and duties in accordance with the law and Government policy, for example, the ability to—
i: introduce legislation and change Government policy; and
ii: interact with or consult a person the Crown considers appropriate; or
f: restrict the responsibilities of a Minister of the Crown or a department of State.
2: Subsection (1) overrides section 13(1) Section 12 replaced 21 December 2018 section 8 Children's Amendment Act 2018
13: Accountabilities
1: For the purposes of the operation of the legislative and executive branches of Government,—
a: in the adopting and implementation of the strategy for improving the well-being of children, the responsible Minister is the Minister of the Crown who is accountable, both to Parliament and the Executive; and
b: in any matter relating to the oranga tamariki action plan, the plan Minister is the Minister of the Crown who is accountable, both to Parliament and the Executive; and
c: in any matter relating to the oranga tamariki action plan, the chief executive of each of the children’s agencies is accountable to the plan Minister.
2: Subsection (1)—
a: does not limit or affect—
i: section 12(1)
ii: the operation of the Public Finance Act 1989
iii: the independence of the Commissioner of Police (as affirmed by sections 8(e) 16(2)
b: overrides any other law to the contrary.
3: A duty, function, or power of the responsible Minister or the plan Minister, or of the chief executive of a children’s agency, is affected by this Part only to the extent necessary to give effect to subsection (1) (as overridden by section 12(1) Section 13 replaced 21 December 2018 section 8 Children's Amendment Act 2018
2: Child protection policies
14: Purpose of this Part
The purpose of this Part is to require child protection policies (that must contain provisions on the identification and reporting of child abuse and neglect) to be—
a: adopted and reported on by prescribed State services and the board of Health New Zealand
b: adopted by school boards; and
c: adopted by certain people with whom those services or boards enter into contracts or funding arrangements. Section 14(a) amended 30 June 2024 section 43 Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024
15: Interpretation
1: In this Part, unless the context otherwise requires,— board child children's services
a: services provided to 1 or more children:
b: services to adults in respect of 1 or more children:
c: services provided to adults living in households that include 1 or more children, and that—
i: do or may affect significantly any 1 or more aspects of the well-being of those children; and
ii: are for the time being prescribed under subsection (2):
d: services provided in respect of children that are for the time being prescribed under subsection (3) Health New Zealand section 4 independent person the board of Health New Zealand
a: a member of the board:
b: an employee or officer of the service or its chief executive, or the board prescribed State service
aaa: the Integrity Sport and Recreation Commission established under section 8
a: the Ministry of Business, Innovation, and Employment:
b: the Ministry of Education:
c: the Ministry of Health:
d: the Ministry of Justice:
e: the Ministry of Māori Development:
f: the Ministry of Social Development:
g: the New Zealand Police:
h: every other instrument for the time being prescribed under subsection (4) school board
a: a board as defined in section 10(1)
b: the manager or managers of a private school that is registered under section 214
c: a sponsor as defined in section 10(1)
2: The Governor-General may, by Order in Council, prescribe, for the purposes of paragraph (c)(ii) of the definition of children's services in subsection (1), classes, descriptions, or kinds of services—
a: provided to adults living in households that include 1 or more children; and
b: that do or may affect significantly any 1 or more aspects of the well-being of those children.
3: The Governor-General may, by Order in Council, prescribe, for the purposes of paragraph (d) of the definition of children's services in subsection (1), classes, descriptions, or kinds of services provided in respect of children.
4: The Governor-General may, by Order in Council, prescribe, for the purposes of paragraph (h) of the definition of prescribed State service in subsection (1), other instruments of the Crown in respect of the Government of New Zealand (whether departments, corporations, agencies, or other instruments), being instruments of that kind that are neither—
a: Health New Zealand
b: school boards.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 15(1) board replaced 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 15(1) board amended 30 June 2024 section 43 Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 Section 15(1) child replaced 14 July 2017 section 7 Vulnerable Children Amendment Act 2017 Section 15(1) DHB repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 15(1) Health New Zealand inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 15(1) independent person amended 30 June 2024 section 43 Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 Section 15(1) Māori Health Authority repealed 30 June 2024 section 43 Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 Section 15(1) prescribed State service inserted 1 July 2024 section 57 Integrity Sport and Recreation Act 2023 Section 15(1) school board replaced 1 August 2020 section 668 Education and Training Act 2020 Section 15(1) school board inserted 1 October 2024 section 77 Education and Training Amendment Act 2024 Section 15(4)(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 15(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
16: Prescribed State services to adopt, report on, and require child protection policies
The chief executive of a prescribed State service must ensure that the service,—
a: if, after the commencement (under section 2(1)
i: adopts, as soon as is practicable, a child protection policy; and
ii: ensures that a copy of the policy is available on an Internet site maintained by or on behalf of the service; and
iii: reviews the policy within 3 years of the date of its first adoption, or of its most recent review, under this section; and
b: ensures that every contract, or funding arrangement, that after that commencement the chief executive or the service (in either case, acting on the Crown's behalf, or independently) enters into with an independent person requires the person as soon as is practicable to adopt (and to review in accordance with paragraph (a)(iii)) a child protection policy if, in the opinion of the chief executive of the State service,—
i: the person is or becomes a provider of children's services; and
ii: some or all of the contract or arrangement is about providing children's services; and
c: reports in its annual report (under section 43
i: its operations have implemented any policy it is required to adopt under paragraph (a)(i); and
ii: its contracts and funding arrangements have complied with paragraph (b).
17: Health New Zealand The board of Health New Zealand must
a: adopt, as soon as is practicable
b: ensure that a copy of the policy is available on an Internet site maintained by or on behalf of the board; and
c: ensure that every contract, or funding arrangement, that after that commencement the board enters into with an independent person requires the person as soon as is practicable to adopt (and to review in accordance with paragraph (d)) a child protection policy if, in the opinion of the board,—
i: the person is or becomes a provider of children's services; and
ii: some or all of the contract or arrangement is about providing children's services; and
d: review the policy within 3 years of the date of its first adoption, or of its most recent review, under this section; and
e: report in its annual report (under section 150
i: its operations have implemented the policy it is required to adopt under paragraph (a); and
ii: its contracts and funding arrangements have complied with paragraph (c). Section 17 heading amended 30 June 2024 section 43 Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 Section 17 heading amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 17 amended 30 June 2024 section 43 Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 Section 17 amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 17(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
18: School boards to adopt and require child protection policies
Every school board must—
a: adopt, as soon as is practicable after the commencement (under section 2(2) or (3)
b: ensure that a copy of the policy is available on the Internet site (if any) maintained by or on behalf of the board or is available on school premises if requested; and
c: ensure that every contract, or funding arrangement, that after that commencement the board enters into with an independent person requires the person as soon as is practicable to adopt (and to review in accordance with paragraph (d)) a child protection policy if, in the opinion of the board,—
i: the person is or becomes a provider of children's services; and
ii: some or all of the contract or arrangement is about providing children's services; and
d: review the policy within 3 years of the date of its first adoption, or of its most recent review, under this section.
19: Content of child protection policy
Every child protection policy required by this Part must—
a: apply to the provision of children's services by the service, board, or independent person that adopts the policy; and
b: be written, and contain provisions (whether or not it contains provisions on any other matter or matters) on the identification and reporting of child abuse and neglect in accordance with section 15 Oranga Tamariki Act 1989 Section 19(b) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
20: Effect of child protection policy
A child protection policy does not—
a: create legal rules; or
b: create any legal right enforceable in a court of law; or
c: affect or limit the way in which a chief executive or other person is required to exercise a statutory power of decision; or
d: affect the interpretation of any enactment or the operation of a rule of law. Section 20 replaced 28 October 2021 section 3 Secondary Legislation Act 2021
3: Children's worker safety checking
21: Purpose of this Part
The purpose of this Part is to reduce the risk of harm to children by requiring people employed or engaged in work that involves regular or overnight contact with children to be safety checked.
22: Application to Crown
1: A Crown organisation (as defined in the Crown Organisations (Criminal Liability) Act 2002
a: the offence is alleged to have been committed by the Crown organisation; and
b: the proceedings are commenced—
i: against the Crown organisation in its own name and the proceedings do not cite the Crown as defendant; and
ii: in accordance with the Crown Organisations (Criminal Liability) Act 2002
2: However, section 8(4) section 12
23: Interpretation
1: In this Part, unless the context otherwise requires,— child section 15 children's worker
a: may or does involve regular or overnight contact with a child or children (other than with children who are co-workers); and
b: takes place without a parent or guardian of the child, or of each child, being present core worker
a: is the only children's worker present; or
b: is the children's worker who has primary responsibility for, or authority over, the child or children present key agency
a: the Ministry of Social Development:
b: the Ministry of Health:
c: the Ministry of Education:
d: the Ministry of Justice:
e: the department responsible for the administration of the Oranga Tamariki Act 1989 local authority section 2(1) Parts 1 to 6 Minister non-core worker regulated service Schedule 1 safety checked section 31 screening service specified offence Schedule 2 specified organisation section 24 State services section 5 work
a: paid work; or
b: unpaid work that is undertaken as part of an educational or vocational training course.
2: A person's work involves regular or overnight contact
a: the person has contact (other than merely incidental contact) with a child or children—
i: overnight; or
ii: at least once each week; or
iii: on at least 4 days each month; and
b: that contact is any of the following kinds:
i: physical contact:
ii: oral communication, whether in person or by telephone:
iii: communication through any electronic medium, including by way of writing or visual images. Section 23(1) key agency inserted 14 July 2017 section 8 Vulnerable Children Amendment Act 2017 Section 23(1) State services amended 7 August 2020 section 135 Public Service Act 2020
24: Specified organisation defined
1: In this Part, specified organisation
a: any of the State services:
b: an individual or organisation that is funded (whether wholly or partly and whether directly or indirectly) by a State service to provide regulated services:
c: on and after the date that is 2 years after the date on which this Part comes into force (or any earlier date specified in regulations made under section 33(1)(b)
i: local authorities; and
ii: individuals and organisations that are funded (whether wholly or partly and whether directly or indirectly) by a local authority to provide regulated services:
d: a sponsor as defined in section 10(1)
2: Despite subsection (1), an individual or organisation is not a specified organisation if it is declared by regulations made under section 33(1)(c)
3: Despite subsection (1), the following are not specified organisations:
a: an individual ( person A child A
i: is a parent or guardian, or has the care, of child A; and
ii: receives funding (directly or indirectly) from a specified organisation for the purpose of securing the provision of particular regulated services to child A:
b: an organisation that does not (except as provided in subparagraph (i) or (ii)) receive funding, directly or indirectly, from a specified organisation to provide specified regulated services, but—
i: is paid by person A to provide some or all of the particular regulated services to child A; or
ii: receives funding, pursuant to an entitlement of person A, to provide some or all of the particular regulated services to child A. Section 24(1)(d) inserted 1 October 2024 section 77 Education and Training Amendment Act 2024 Obligations of specified organisations
25: Safety checks of new children's workers
1: A specified organisation must not employ or engage a person as a children's worker without ensuring that a safety check of the person that complies with section 31
2: The obligation in subsection (1) applies,—
a: with respect to core workers, to employment or engagement that commences on or after the date on which this Part comes into force; and
b: with respect to non-core workers, to employment or engagement that commences on or after the date that is 1 year after the date on which this Part comes into force.
3: A specified organisation that, in relation to a person whom it employs or engages as a children's worker, fails to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.
26: Safety checks of existing children's workers
1: A specified organisation must, on or before the applicable date set out in subsection (2), ensure that a safety check that complies with section 31
2: The applicable dates are as follows:
a: in the case of a core worker, the date that is 3 years after the date on which this Part comes into force:
b: in the case of a non-core worker, the date that is 4 years after the date on which this Part comes into force.
3: However, a specified organisation need not comply with subsection (1) if the organisation is satisfied that a safety check of the person that complies with section 31
4: A specified organisation that, in relation to a children's worker whom it continues to employ or engage, fails to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.
27: Periodic safety checks of children's workers
1: A specified organisation must ensure that each children's worker whom it employs or engages is safety checked within 3 years after the date of the latest safety check of the person that complied with section 31
2: A specified organisation that, in relation to a children's worker whom it employs or engages, fails to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.
28: Core worker convicted of specified offence not to be employed or engaged
1: This section applies to a person who—
a: has been convicted of a specified offence; and
b: does not hold an exemption granted under section 35
2: On and after the date on which this Part comes into force, a specified organisation must not employ or engage a person to whom this section applies as a core worker.
3: On and after the date that is 1 year after the date on which this Part comes into force, a specified organisation must not continue to employ or engage a person to whom this section applies as a core worker, regardless of when that worker commenced employment or was engaged, except as provided in this section.
4: On and after the date referred to in subsection (3), if a specified organisation believes that a worker whom it employs or engages is a person to whom this section applies, the organisation must immediately—
a: suspend the worker from all duties that require or enable him or her to act as a core worker; and
b: specify the period of suspension, which must be not less than 5 working days (but may be extended from time to time); and
c: tell the worker the reason for the suspension and the grounds for the organisation's belief; and
d: advise the worker that he or she may respond to the information provided under paragraph (c).
5: If a worker is suspended under subsection (4), the employer must not terminate the worker's employment or engagement until at least 5 working days after the suspension begins (unless the person's employment or engagement is terminated sooner for reasons unrelated to that suspension).
6: During the period of suspension, the employer must continue to pay the worker on whatever basis would apply to the worker had he or she been suspended on the grounds of serious misconduct.
7: At the end of the period of suspension, the employer must terminate the worker's employment or engagement as a core worker if the employer believes on reasonable grounds that the person is a person to whom subsection (1) applies.
8: If a worker's employment or engagement is terminated under subsection (7),—
a: no compensation or other payment is payable in respect of the termination, despite anything to the contrary in any contract or agreement; and
b: the termination is deemed to be a justifiable dismissal for the purposes of Part 9
9: A specified organisation that contravenes subsection (2) or (3), knowing that, or being reckless as to whether, the person is a person to whom this section applies, commits an offence and is liable on conviction to a fine not exceeding $50,000.
10: A specified organisation that contravenes subsection (4), (5), (6), or (7) commits an offence and is liable on conviction to a fine not exceeding $50,000.
11: Subsection (8)(a) does not limit or affect the Wages Protection Act 1983 Defences
29: Defence of taking all reasonable steps
It is a defence to a charge for an offence against any of sections 25 to 27 section 31
30: Defence relating to short-term emergencies
It is a defence to a charge for an offence against sections 25 to 28
a: the specified organisation considered that an emergency had occurred, or unexpected conditions had arisen, that increased the risks to any children to whom it provides regulated services:
b: in order to reduce the risks to those children, the organisation employed or engaged additional children's workers:
c: any of those children's workers who were not safety checked were employed or engaged by the specified organisation for no more than 5 consecutive working days. Safety checks
31: Requirements of safety checks
1: Every safety check of a person must comply with the requirements for safety checks for core workers or for non-core workers (as appropriate) prescribed by this section and by regulations made under section 32
2: Every safety check of a person must include—
a: confirmation of the identity of the person, carried out as prescribed by regulations made under section 32
b: consideration of specific information prescribed by regulations made under section 32
c: a risk assessment, carried out as prescribed by regulations made under section 32
3: Despite anything in the Criminal Records (Clean Slate) Act 2004 Regulations
32: Regulations prescribing requirements for safety checks
1: The Governor-General may, by Order in Council, make regulations prescribing requirements for safety checks, including the following:
a: prescribing the way or ways in which a person's identity must be confirmed:
b: prescribing the information that must be considered in the course of a safety check:
c: prescribing the manner in which a risk assessment must be carried out, and the content of a risk assessment:
d: providing that certain forms of checking undertaken by the licensing body of any specified profession or occupation may be treated as satisfying the requirement for safety checking, or for satisfying any 1 or more prescribed requirements for safety checking:
e: prescribing forms for use in safety checking:
f: providing for any other matter contemplated by or necessary for giving effect to the provisions of this Act that relate to the requirements for safety checking.
2: Regulations made under this section may provide that different requirements relating to safety checking do, or do not, apply to or in respect of different—
a: classes of children's worker; and
b: specified organisations or classes of specified organisation.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 32(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
33: Other regulations
1: The Governor-General may, by Order in Council, make regulations for any of the following purposes:
a: amending (subject to subsections (2) and (3)) Schedule 1
i: adding any new regulated service; or
ii: omitting any regulated service; or
iii: correcting or updating the description of any regulated service:
b: specifying a date (being a date earlier than 2 years after the date on which this Part comes into force) on which local authorities, and the individuals and organisations referred to in section 24(1)(c)
c: providing that individuals or organisations, or classes of individuals or organisations, are not specified organisations (but see
d: prescribing the process, not inconsistent with this Part, for applying for, granting, and revoking exemptions under section 35
e: prescribing the processes and requirements for approving screening services under section 40
f: providing for any other matter contemplated by this Part, necessary for its administration, or necessary for giving it full effect.
2: Regulations may be made under subsection (1)(a)(i) only in accordance with a recommendation by the Minister that he or she is satisfied that the service proposed to be added to Schedule 1
3: Regulations may be made under subsection (1)(a)(ii) only in accordance with a recommendation by the Minister that he or she is satisfied that omitting the regulated service from Schedule 1
4: Regulations may be made under subsection (1)(c) only in accordance with a recommendation by the Minister that he or she is satisfied that providing that individuals or organisations, or classes of individuals or organisations, identified in the regulations are not specified organisations will not result in undue risk to the safety of children.
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 33(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
34: Transitional provision relating to local authorities, etc
1: In this section,— original specified organisation section 24(1)(a) or (b) later specified organisation
2: In order to enable the obligations in sections 25 26 28 Part Exemption for workers convicted of specified offence
35: Exemption for certain individuals
1: The chief executive of any key agency may grant an exemption under this section to a person who has been convicted of a specified offence.
2: An exemption may be granted only if the chief executive is satisfied that the person would not pose an undue risk to the safety of children if employed or engaged as a core worker.
3: An exemption may be qualified or contain conditions.
36: Application for exemption
1: An application for an exemption must be made by way of a statutory declaration signed by the person to whom it relates and set out the following:
a: the person's full name and contact details:
b: in respect of each specified offence of which the person has been convicted—
i: a description of the offence (eg, sexual violation under section 128B
ii: the date of conviction; and
iii: any sentence imposed; and
iv: the sentence expiry date (if any):
c: whether the person is subject to any conditions imposed under—
i: the Parole Act 2002
ii: the Sentencing Act 2002
iii: the Criminal Justice Act 1985
d: any other information prescribed by regulations made under section 33
e: any other information the applicant wishes to place before the chief executive to whom the application is sent.
2: A chief executive who receives an application may, with the agreement of the chief executive of a different key agency, refer the application to that other chief executive for decision.
3: Before making a decision on an application, a chief executive must confirm—
a: whether the person has previously applied for an exemption, and the outcome of that application; and
b: whether the person has ever had an exemption revoked. Section 36(1)(c) replaced 17 December 2016 section 109 Statutes Amendment Act 2016
37: Revocation of exemption
1: The chief executive of the key agency that granted an exemption may revoke it at any time without notice.
2: A chief executive may revoke an exemption only if the chief executive—
a: becomes aware that the person has been charged with, or convicted of, a specified offence; or
b: is satisfied on reasonable grounds that the person would pose an undue risk to the safety of children if employed or engaged as a core worker.
38: Appeal against decision not to grant, or to revoke, exemption
A person whose application for an exemption has been declined, and a person whose exemption has been revoked, may appeal to the High Court against the decision not to grant the application, or to revoke it, as appropriate. Monitoring compliance
39: Requirement to provide information to chief executives
1: The chief executive of any key agency may, for the purpose of monitoring compliance with this Part, require any specified organisation to provide to the chief executive, in the manner and within the time specified, information about the safety checking of children's workers employed or engaged by the organisation.
2: The chief executive of any key agency may exercise the power in subsection (3) only if he or she believes on reasonable grounds that the information required is necessary to prevent or lessen a serious threat to the safety of any child or children.
3: The chief executive may require any specified organisation to provide details to the chief executive of any safety check done on a named person and the person's work history, including—
a: how the person's identity was confirmed; and
b: all information provided about the person in the course of the safety check; and
c: the risk assessment of the person; and
d: the date or dates on which the person has been employed or engaged by the organisation and the nature of the work that he or she is or has been engaged in. Miscellaneous
40: Approval of screening services
1: The chief executive of any key agency may approve a screening service to carry out specified aspects of safety checks.
2: Every approval—
a: must specify the aspects of a safety check that the screening service is approved to provide; and
b: may specify which specified organisations, and which kind of children's worker, the screening services may be used in relation to.
3: If regulations are made under section 33(1)(e)
4: Notice of every approval, and of every suspension or cancellation, must be given in the Gazette
41: Prosecution of offences
1: A charging document for an offence against any provision of this Part may be filed by the chief executive of any key agency other than the Ministry of Justice.
2: However, a chief executive may not file a charging document in respect of a specified organisation that is the key agency of which he or she is the chief executive. Consequential amendments to other enactments
42: Amendments to Crown Organisations (Criminal Liability) Act 2002
1: This section amends the Crown Organisations (Criminal Liability) Act 2002
2: After section 6(1)(d)
e: an offence against Part 3 of the Vulnerable Children Act 2014
3: In section 7(a) or the Resource Management Act 1991 the Resource Management Act 1991, or Part 3 of the Vulnerable Children Act 2014 OIC LI 2015/107 2015-07-01 Crown Organisations (Criminal Liability) Act 2002 Part 3 brought into force on 1 July 2015. See section 2(2) and (3)
43: Amendment to Sentencing Act 2002
1: This section amends the Sentencing Act 2002
2: In section 4(4) or the Resource Management Act 1991, the Resource Management Act 1991, or Part 3 of the Vulnerable Children Act 2014 OIC LI 2015/107 2015-07-01 Sentencing Act 2002 Part 3 brought into force on 1 July 2015. See section 2(2) and (3)
44: Amendment to Criminal Records (Clean Slate) Act 2004
1: This section amends the Criminal Records (Clean Slate) Act 2004
2: In section 6(1) The clean slate scheme applies (except as provided in section 31(3) of the Vulnerable Children Act 2014 OIC LI 2015/107 2015-07-01 Criminal Records (Clean Slate) Act 2004 Part 3 brought into force on 1 July 2015. See section 2(2) and (3)


1: Title
This Act is the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014.
2: Commencement
1: This Act comes into force on the day after the date on which it receives the Royal assent, except as provided in subsections (2) and (3).
2: Sections 4 7 to 27 29(3) 30 to 43
3: Any provision not brought into force earlier comes into force 2 years after the date on which this Act receives the Royal assent.
3: Principal Act
This Act amends the Children, Young Persons, and Their Families Act 1989 principal Act 2016-06-30 Children, Young Persons, and Their Families Act 1989 Sections 4, 7–27, 29(3), 30–43. Can be brought into force earlier by OIC. See section 2(2) & (3). 2014-07-01 Children, Young Persons, and Their Families Act 1989 All sections not specified in section 2(2).
4: Section 2 amended (Interpretation)
In section 2(1) permanent caregiver
a: a special guardian; or
b: a person—
i: appointed as a guardian of the child or young person under section 27 of the Care of Children Act 2004, where that appointment was made in substitution for an order under section 78, 101, or 110
ii: who has the day-to-day care of the child or young person pursuant to a parenting order made under section 48 of the Care of Children Act 2004 or because there is no other guardian who has the day-to-day care of the child or young person special guardian section 110 section 113A subsequent child section 18B . Principles
5: Section 5 amended (Principles to be applied in exercise of powers conferred by this Act)
After section 5(f)
g: the principle that decisions affecting a child or young person should be made by adopting a holistic approach that takes into consideration, without limitation, the child's or young person's age, identity, cultural connections, education, and health.
6: Section 13 amended (Principles)
1: Below the heading to section 13
1: Every court or person exercising powers conferred by or under this Part, Part 3 or 3A, or sections 341 to 350, must adopt, as the first and paramount consideration, the welfare and interests of the relevant child or young person (as required by section 6).
2: In section 13 Subject to sections 5 and 6, 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 shall be guided by the following principles: In determining the welfare and interests of a child or young person, the court or person must be guided by the principle that children and young people must be protected from harm and have their rights upheld, and also the principles in section 5 as well as the following principles:
3: Repeal section 13(a) Subsequent children
7: Section 14 amended (Definition of child or young person in need of care or protection)
After section 14(1)(b)
ba: the child is a subsequent child of a parent to whom section 18A section 18A section 18C section 18A(3) .
8: Section 18 amended (Referral of care or protection cases to care and protection co-ordinator or youth justice co-ordinator by social workers or constables)
In section 18(1) specified in section 14(1)(e) specified in section 14(1) (ba)
9: New sections 18A to 18D inserted
After section 18
18A: Assessment of parent of subsequent child
1: This section applies to a person who—
a: is a person described in section 18B
b: is the parent of a subsequent child; and
c: has, or is likely to have, the care or custody of the subsequent child; and
d: is not a person to whom subsection (7)
2: If a social worker believes on reasonable grounds that a person is a person to whom this section applies, the social worker must, after informing the person (where practicable) that he or she is to be assessed under this section, assess whether the person meets the requirements of subsection (3)
3: A person meets the requirements of this subsection if,—
a: in a case where the parent’s own act or omission led to him or her being a person described in section 18B
b: in any other case, the parent is unlikely to allow the kind of harm that led to the parent being a person described in section 18B
4: Following the assessment,—
a: if subsection (5) section 14(1)(ba)
b: in any other case, the social worker must decide not to apply as described in paragraph (a) section 18C
5: The social worker must apply as described in subsection (4)(a) subsection (3)
6: No family group conference need be held before any application referred to in subsection (4)
7: This subsection applies to the parent of a subsequent child if, since he or she last became a person described in section 18B
a: the parent has been assessed under this section by a social worker in relation to a subsequent child and, following that assessment,—
i: the court has confirmed, under section 18C subsection (4)(b)
ii: the social worker applied for a declaration under section 67 that the child was in need of care or protection on the ground in section 14(1)(ba) subsection (3)
b: the parent was, before this section came into force, subject to an investigation carried out by a social worker under section 17 in relation to a child who would, at that time, have fallen within the definition of a subsequent child, and the social worker did not at that time form the belief that the child was in need of care or protection on a ground in section 14(1)(a) or (b).
18B: Person described in this section
1: A person described in this section is a person—
a: who has been convicted under the Crimes Act 1961 of the murder, manslaughter, or infanticide of a child or young person who was in his or her care or custody at the time of the child’s or young person’s death; or
b: who has had the care of a child or young person removed from him or her on the basis described in subsection (2)(a) and (b) subsection (2)(c)
2: Subsection (1)(b)
a: the court has declared under section 67, or a family group conference has agreed, that the child or young person is in need of care or protection on a ground in section 14(1)(a) or (b); and
b: the court has made an order under section 101 (not being an order to which section 102 applies) or 110
c: the court has determined (whether at the time of the order referred to in paragraph (b)
3: If a person is a person described in this section on more than 1 of the grounds listed in subsection (1) section 18A(3)
18C: Confirmation of decision not to apply for declaration under section 67
1: An application under this section for confirmation of a decision under section 18A(4)(b)
a: information showing that the person is a person to whom section 18A
b: an affidavit, signed by the social worker, setting out the circumstances of the application and the reasons for the social worker’s belief that the parent meets the requirements of section 18A(3)
2: The application must be served in accordance with section 152(1) as if it were an application for a declaration under section 67.
3: When considering the application, the court may (but need not) give any person an opportunity to be heard on the application and, if it does, may appoint a barrister or solicitor (under section 159) to represent the subsequent child.
4: After considering the application, the court may,—
a: if subsection (5) section 18A(4)(b)
b: decline to confirm the social worker’s decision under section 18A(4)(b) section 18D
c: dismiss the application on the ground that it does not relate to a person to whom section 18A
d: adjourn the hearing and require the social worker to—
i: provide such information as the court specifies, within the period specified by the court; or
ii: reconsider all or any aspect of the assessment and report to the court within a period specified by the court.
5: The court may confirm the decision of a social worker under section 18A(4)(b) subsection (3) section 18A(3)
6: Except as provided in this section, nothing in Part 3 applies in respect of an application for, or a decision of a court on, confirmation of a decision made under section 18A(4)(b)
18D: Court declining to confirm decision
If, under section 18C(4)(b) section 18A(4)(b)
a: must be treated as an application for a declaration under section 67 made by the chief executive on the ground in section 14(1)(ba)
b: must be served and heard in accordance with Part 3 and the rules of court, except that, although section 70 does not apply, if a family group conference is convened pursuant to section 72(3), the chief executive (or his or her representative) is entitled to attend the conference as if he or she were entitled to do so under section 22(1)(a) to (h).
10: Section 19 amended (Referral of care or protection cases to care and protection co-ordinator by other persons or by court)
In section 19(1) section 14(1) (other than on the ground specified in section 14(1)(ba) Family group conferences
11: Section 22 amended (Persons entitled to attend family group conference)
After section 22(2)
3: If a family group conference is reconvened to review a decision, recommendation, or plan, every person who, at the time of the reconvened conference, is a person to whom subsection (1) applies is entitled to attend the conference.
12: Section 23 amended (Care and protection co-ordinator to ensure that relevant information and advice made available to family group conference)
In section 23(1)
a: after advice that the co-ordinator considers are
b: after functions (including information and advice relating to the health and education needs of every child or young person in respect of whom the conference is convened)
13: New section 29A inserted (Content of plan)
After section 29
29A: Content of plan
1: Every plan of which a written record is prepared under section 29(3) must, without limitation,—
a: specify, contain, or state all the matters listed in section 130(1) section 130(2)
b: specify a date by which the plan must be reviewed.
2: The review date referred to in subsection (1)(b)
a: if the plan relates to a child under the age of 7 years, within 6 months after the date on which the plan comes into effect in accordance with section 30; or
b: in any other case, within 12 months after that date.
14: Section 34 amended (Chief executive to give effect to decisions, recommendations, and plans of family group conference)
In section 34(1) it is clearly impracticable the chief executive considers that it is impracticable, unreasonable,
15: Section 35 amended (Police to comply with decisions, recommendations, and plans of family group conference)
In section 35 it is clearly impracticable the Police consider that it is impracticable, unreasonable,
16: Section 36 amended (Family group conference may reconvene to review its decisions, recommendations, and plans)
1: In the heading to section 36 may to
2: Replace section 36(1)
1: For the purpose of reviewing a decision, recommendation, or plan made or formulated by a family group conference, the care and protection co-ordinator who convened the conference—
a: must (subject to subsection (1A)
b: must reconvene the conference if required to do so, in accordance with subsection (1B)
c: must reconvene the conference if required to do so, in accordance with subsection (1B)
i: was the body or organisation that referred the relevant child or young person to a care and protection co-ordinator under section 19; or
ii: is a body or organisation directly involved in the implementation of the decision, recommendation, or plan to be considered; and
d: may reconvene the conference, at any time, at the co-ordinator's own motion or at the request of at least 2 members of the conference that made or formulated the decision, recommendation, or plan under review.
1A: Subsection (1)(a)
a: the care and protection co-ordinator, after consulting the social worker, is of the view that no further action under the plan is required; or
b: before the review date, a court makes any of the following orders in respect of the child or young person to whom the plan relates:
i: a services order under section 86:
ii: a support order under section 91:
iii: a custody order (other than an interim order) under section 101:
iv: a guardianship order under section 110
v: a special guardianship order under section 113A
1B: A social worker, or a service referred to in subsection (1)(c) subsection (1)(b) or (c) Subsequent children
17: Section 67 amended (Grounds for declaration that child or young person is in need of care or protection)
In section 67
2: However, on an application under section 18A(4)(a) or 18D section 18A section 14(1)(ba) section 18A(3) Permanent caregivers
18: New section 86B inserted (No services orders in respect of permanent caregivers)
After section 86A
86B: No services orders in respect of permanent caregivers
1: Despite sections 86 and 86A, a court must not make a services order or an interim services order under either of those sections in respect of—
a: a person who is, or is to be made, a permanent caregiver of a child or young person; or
b: a child or young person who is, or is to be, in the care of a permanent caregiver.
2: If a services order or an interim services order in respect of a permanent caregiver, or in respect of a child or young person in the care of a permanent caregiver, is in force on the date on which this section comes into force,—
a: on and from that date, sections 134 to 137 have no effect so far as they relate to the order; and
b: the order ceases to have effect on the date on which it is next due for review.
19: New section 92A inserted (Restriction on support orders where there is permanent caregiver)
After section 92
92A: Restriction on support orders where there is permanent caregiver
1: A court must not make a support order or an interim support order under section 91 or 92 of a kind referred to in subsection (2)
2: The kind of order that must not be made is an order directing the chief executive or any other person or organisation to provide financial or other assistance that could be provided by the chief executive under section 388 or 388A Special guardians
20: Section 107 amended (Person in whose custody child or young person is placed may determine access rights in absence of court order)
In section 107(b) an order under section 113B(1)(b)
21: Section 110 replaced (Guardianship orders)
Replace section 110
110: Guardianship orders
1: Where the court makes a declaration under section 67 in relation to any child or young person, or on an application referred to in section 110A
a: the chief executive:
b: an iwi social service:
c: a cultural social service:
d: the director of a child and family support service:
e: any other person.
2: A guardian appointed under subsection (1)
a: the sole guardian of the child or young person; or
b: a guardian of the child or young person in addition to any other guardian.
3: The director of a child and family support service may not be appointed as the sole guardian of a child or young person.
4: If a person who is appointed as a sole or additional guardian of a child or young person under this section is a natural person, the court may also make an order under section 113A
110A: Application for change of guardianship order
1: If a person is, in relation to a child or young person, a permanent caregiver who is not a special guardian, the person may, with the leave of the court, make a combined application for a guardianship order under section 110 section 113A
2: Leave of the court may be given only if the court is satisfied that—
a: the application is made with the intention of replacing a guardianship order made under section 27 of the Care of Children Act 2004 and all associated parenting orders under section 48 of that Act with the guardianship orders referred to in subsection (1)
b: the person has exercised all mechanisms available under the Care of Children Act 2004 to resolve disputes with any parent or other guardian of the child or young person that relate to the circumstances referred to in subsection (4)(a)
3: An application under this section must be treated as if it were an application under section 125 for the variation or discharge of an order made under Part 2, and, for that purpose, must be served and heard in accordance with Part 3 (with any necessary modifications).
4: On an application under this section, the court may make the orders applied for only if—
a: the court is satisfied that—
i: the person has been unable to effectively exercise his or her guardianship responsibilities or responsibilities to provide day-to-day care to the child or young person under the orders made under the Care of Children Act 2004; and
ii: that inability is due to the conduct of the parents or other guardians of the child or young person, and that conduct forms a pattern of behaviour; and
iii: the child's or young person's welfare is being threatened or seriously disturbed as a result; and
b: following an application under section 29A
22: New sections 113A and 113B inserted
After section 113
113A: Special guardianship orders
1: The court may make an order under this section appointing a person referred to in section 110(4)
a: the appointment is made for the purpose of providing the child or young person with a long-term, safe, nurturing, stable, and secure environment that enhances his or her interests; and
b: either—
i: the child or young person has no other guardian; or
ii: the special guardian either replaces, or is additional to, an existing guardian of the child or young person.
2: For the purposes of this section and section 113B existing guardian section 110
113B: Effect of special guardianship order
1: Where a special guardianship order is made in respect of a child or young person, then, whether the special guardian is a sole or additional guardian and despite anything in this section,—
a: the special guardian has custody of the child or young person, and—
i: no order under section 101 may be made in respect of the child or young person; but
ii: section 114(2)(b) and (c) applies as if the special guardian were a sole guardian; and
b: the order must specify the access and other rights (not being custody or guardianship rights), including any terms and conditions that apply to those rights, of each existing guardian in relation to the child or young person.
2: Where a special guardianship order specifies the access and other rights of any existing guardian,—
a: no existing guardian may apply for an order under section 121(2)(c) or (d) concerning his or her access or other rights in relation to the child or young person, but any other parent or person may apply for orders under that section in relation to the child or young person, as if the special guardian were a sole guardian; and
b: section 122 applies to any access rights specified in the order as if those access rights had been granted by an order made under section 121.
3: If a person who is appointed as the sole guardian of a child or young person is also appointed as a special guardian, the provisions of this Act relating to sole guardians apply, except that—
a: sections 134 and 135 (about reviewing plans) do not apply to the court plan that was prepared for the purposes of section 128; and
b: despite section 117(1)(a), the order ceases to have effect when the child or young person attains the age of 18 years or sooner marries or enters into a civil union.
4: If a person who is appointed as an additional guardian of a child or young person is also appointed as a special guardian,—
a: the order must set out which guardianship rights (which may include those set out in section 16(2) of the Care of Children Act 2004) are to be held exclusively by the special guardian and which are to be shared between the existing guardian and the special guardian; and
b: the order must require that the existing guardian is informed of any decisions made by the special guardian in the exercise of any guardianship rights held exclusively by the special guardian; and
c: the provisions of this Act relating to additional guardians apply, except as follows:
i: no existing guardian may apply under section 115 in respect of any guardianship rights held exclusively by the special guardian; and
ii: sections 134 and 135 (about reviewing plans) do not apply to the court plan that was prepared for the purposes of section 128; and
iii: despite section 117(1)(a), the order ceases to have effect when the child or young person attains the age of 18 years or sooner marries or enters into a civil union.
5: Every special guardianship order must require that, if the child or young person to whom the order applies begins to live with anyone other than the special guardian on more than a temporary basis, the special guardian must,—
a: if the child or young person, immediately before the guardianship order was made, was in the custody of the chief executive or a natural person, advise a social worker; or
b: if the child or young person, immediately before the guardianship order was made, was in the custody of an iwi social service, cultural social service, or the director of a child and family support service, advise that service or director, as appropriate.
6: The obligation on the chief executive imposed by section 7(2)(e) does not apply in respect of a child or young person in respect of whom a special guardianship order is made.
7: If a child or young person has more than 1 existing guardian, or more than 1 special guardian, this section and any other applicable sections must be applied with all necessary modifications to each existing guardian and each special guardian.
23: Section 125 amended (Application for variation or discharge of orders made under this Part)
1: After section 125(1)(g)
ga: any special guardianship order made under section 113A subsection (1A) .
2: After section 125(1)
1A: Leave of the court must be obtained before an application is made for the variation or discharge of a special guardianship order made under section 113A
a: the application is made by the chief executive, a social worker, an iwi social service, a cultural social service, or the director of a child and family support service; or
b: all parties to the proposed application agree to the making of the application.
1B: Leave may be given for the purpose of subsection (1A)
a: in the case of an application for discharge, there has been a significant change in the circumstances of the child or young person to whom the order relates; and
b: in the case of an application for variation, there has been a significant change in the circumstances of the child or young person to whom the order relates, or in the circumstances of his or her parents or any guardian.
24: Section 128 amended (Court to obtain and consider plan for child or young person before making certain orders)
After section 128(2)(d)
e: a special guardianship order under section 113A Plans and agreements
25: Section 130 amended (Content of plans)
1: Replace section 130(d) and (e)
d: state the responsibilities and personal objectives of the child or young person:
e: state the responsibilities and personal objectives of any parent, guardian, or other person who, under the plan, will have the care of the child or young person:
ea: set out the following:
i: the responsibilities and personal objectives of any parent, guardian, or other person who, under the plan, will not have the care of the child or young person, but who had the care of the child or young person previously and wishes to have the child or young person returned to his or her care:
ii: the steps that each such parent, guardian, or other person must take, or the behavioural changes each must make, before the child or young person can be returned to his or her care:
iii: the time frames within which those steps or changes must be taken or made:
iv: the time within which a decision will be made about whether to return the child or young person to the care of any parent, guardian, or other person: .
2: In section 130
2: A plan need not contain the matters set out in subsection (1)(ea) subsection (1)(ea)(i)
3: If a plan does not contain the matters set out in subsection (1)(ea)
26: Section 135 amended (Review of plan)
Replace section 135(4)
4: On the request of a person who is required to review a plan, for the purpose of reviewing the plan a care and protection co-ordinator—
a: must convene a family group conference, unless the plan relates only to a services order under section 86; and
b: may convene a family group conference if the plan relates only to a services order.
27: Section 140 amended (Agreements for extended care of children and young persons by chief executive, iwi social service, etc)
1: In section 140(1)(c) days ; or
2: After section 140(1)(c)
d: with the agreement of any person referred to in paragraphs (a) to (c) or any other person approved by the chief executive for the purpose of this paragraph, place a young person aged 15 years or more in the care of that person for the purpose of assisting the young person to achieve independence.
3: In section 140(2) subsection (1) subsection (1)(a) to (c)
4: After section 140(2)
3: An agreement made under subsection (1)(d)
28: Section 141 amended (Agreements for extended care of severely disabled children and young persons)
1: In section 141(3) 2 years 1 year
2: After section 141(3)
3A: On and after the date on which section 28 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 subsection (3)
29: Section 145 amended (Agreement not to be made without approval of family group conference)
1: Replace section 145(1)(b) and (c)
b: in the case of a proposed agreement under section 141 or 142, the family group conference has thoroughly explored what services and supports, such as those provided or funded by the Ministry of Health, are available to, or in respect of, the child or young person in his or her home environment; and
c: the family group conference approves the making of the agreement; and
d: a care and protection co-ordinator issues a certificate to the effect,—
i: in all cases, that the requirements of paragraphs (a) and (c)
ii: in the case of a proposed agreement under section 141 or 142, that the family group conference has thoroughly explored the matters referred to in paragraph (b)
iii: in all cases, that the co-ordinator is satisfied that, having regard to the objects, considerations, and principles in sections 4, 5, 6, and 13, the agreement is an appropriate care option for the child or young person.
2: In section 145(2) may must
3: After section 145(2)(b)
c: whether an agreement entered into under section 140(1)(d)
30: Section 147 amended (Further restrictions on making agreements)
1: In section 147(1) section 140 section 140(1)(a) to (c)
2: In section 147(2) section 140 section 140(1)(a) to (c) Reports by social workers
31: Section 186 amended (Report by social worker)
Replace section 186(1) and (2)
1: Where the court makes a declaration under section 67, the court—
a: must obtain and consider a report from a social worker before making—
i: a custody order under section 101 (other than an interim custody order) placing the child or young person in the custody of any person listed in section 101(1); or
ii: a guardianship order under section 110
iii: a special guardianship order under section 113A
b: may obtain and consider a report from a social worker before making any other order referred to in section 83(1) or 84(1).
2: In the course of preparing a report for the purposes of subsection (1)(a)
2A: Every report provided to the court pursuant to subsection (1)(a)
a: if there is such a realistic possibility, must—
i: set out the steps that the parent, guardian, or other person must take, or the behavioural changes that he or she must make, before the child or young person can be returned to his or her care; and
ii: recommend a time when, or a period within which, the option of returning the child or young person to the care of the parent, guardian, or other person will be pursued, having particular regard to the age of the child or young person; or
b: if there is no such realistic possibility, set out—
i: the child's or young person's likely long-term needs, and proposals for how those needs will be met; and
ii: if a special guardianship order under section 113A Related amendments to youth justice provisions
32: Section 261 amended (Family group conference may make decisions, recommendations, and plans relating to care or protection of child or young person)
In section 261(2) sections 30 to 38 sections 29A
33: Section 267 amended (Enforcement agencies to comply with decisions, recommendations, and plans of family group conference)
In section 267 it is clearly impracticable the enforcement agency considers that it is impracticable, unreasonable,
34: Section 268 amended (Chief executive to give effect to decisions, recommendations, and plans of family group conference)
1: In section 268(1) it is clearly impracticable the chief executive considers that it is impracticable, unreasonable,
2: In section 268(2) it is clearly impracticable it is impracticable, unreasonable,
35: Section 270 amended (Family group conference may reconvene to review its decisions, recommendations, and plans)
After section 270(1)
1A: However, for the purpose of reviewing a decision, recommendation, or plan made or formulated by a family group conference under section 261, the youth justice co-ordinator who convened the conference—
a: must reconvene the conference if required to do so by a social worker, an iwi social service, a cultural social service, or the director of a child and family support service; and
b: may reconvene the conference at any time, at the co-ordinator's own motion or at the request of at least 2 members of that conference.
1B: A social worker may require a youth justice co-ordinator to reconvene a family group conference under subsection (1A)(a)
1C: An iwi social service, a cultural social service, or the director of a child and family support service may require a youth justice co-ordinator to reconvene a family group conference under subsection (1A)(a) Achieving independence
36: New section 386A and cross-heading inserted
After section 386 Transition from care to independence
386A: Advice and assistance for people moving from care to independence
1: This section applies to a person who—
a: is of or over the age of 15 years but under 20 years; and
b: has at any time been in the care or custody of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service—
i: pursuant to any agreement or order specified in section 361(a), (c), or (d); and
ii: for a continuous period of at least 3 months after the date that is 3 months before the person's 15th birthday.
2: If a person to whom this section applies is in the care or custody of the chief executive, an iwi social service, a cultural social service, or the director of a child and family support service, the person or organisation who has the care or custody of the person must—
a: consider what advice and assistance the person will need to become and remain independent after he or she leaves care or custody; and
b: provide, or arrange for the provision of, that advice and assistance to the person, to the extent that it reasonably relates to the period before the person leaves care or custody.
3: If a person to whom this section applies requests advice or assistance after he or she leaves the care or custody of an iwi social service, a cultural social service, or the director of a child and family support service, the agency that receives the request must refer the request to the chief executive.
4: If a person to whom this section applies has left the care or custody referred to in subsection (1)
a: must provide, or arrange the provision of, such advice and non-financial assistance as the chief executive in his or her discretion considers necessary to enable the person to achieve independence; and
b: may provide, or arrange the provision of, such financial assistance as the chief executive in his or her discretion considers necessary to enable the person to achieve independence, but only if the chief executive has first considered what other financial assistance is available to the person.
5: Without limiting subsection (4)
a: giving information:
b: assisting the person to obtain accommodation, enrol in education or training, or obtain employment:
c: legal advice:
d: counselling:
e: contributing to the expenses incurred by the person in living near the place where he or she is or will be—
i: employed or seeking employment; or
ii: receiving education or training:
f: making a grant to assist the person to meet expenses connected with his or her education or training.
6: Financial assistance provided to a person under subsection (4)(b)
7: If the chief executive is providing financial assistance to a person that includes making a contribution or grant with respect to a course of education or training, the chief executive may—
a: continue to do so even though the person reaches the age of 20 years before completing the course; and
b: disregard any interruption in the person's attendance at the course if the person resumes it as soon as practicable. Permanent caregivers
37: New section 388A inserted (Financial and other assistance to permanent caregivers)
After section 388
388A: Financial and other assistance to permanent caregivers
1: The chief executive may from time to time provide financial and other assistance to a permanent caregiver of a child or young person for the purpose of assisting the permanent caregiver to care for the child or young person.
2: The chief executive must provide financial and other assistance under this section to a permanent caregiver of a child or young person if—
a: the need for assistance arises from the care and protection needs or the extraordinary health, education, or developmental needs of the child or young person; and
b: those needs are greater than it is reasonable to expect the permanent caregiver to meet; and
c: those needs cannot be met by existing sources of support under this Act or any other enactment, and are unlikely to be provided otherwise; and
d: it is reasonable in the circumstances for the chief executive to provide the assistance; and
e: the provision of assistance is consistent with any general or special directions (not inconsistent with this section) given to the chief executive in writing by the Minister.
3: A direction given for the purpose of subsection (2)(e) Gazette
4: A direction referred to in subsection (3)
38: Section 389 amended (Financial and other assistance in other cases)
In the heading to section 389 and other
39: New sections 389A and 389B inserted
After section 389
389A: Review of decisions about financial or other assistance to permanent caregivers
1: A permanent caregiver who is dissatisfied with any decision of the chief executive regarding the provision of financial or other assistance under section 388A(2)
2: The internal review must be conducted in accordance with a process established from time to time by the chief executive for that purpose, and must confirm, modify, or reverse the original decision.
3: A confirmed or modified decision is for all purposes to be treated as the decision of the chief executive under section 388A(2)
389B: Appeal against decisions about financial or other assistance to permanent caregivers
1: A permanent caregiver who has applied for a review of a decision under section 388A(2)
a: has not received notification of the outcome of the review within 3 months after the application was lodged; or
b: is dissatisfied with the outcome of the review.
2: An appeal under this section may be made only on the ground that the decision is wrong or unreasonable, or both.
3: The appeal must be made by filing a written notice of appeal in the Family Court, and the notice of appeal must—
a: set out the particulars supporting the grounds of appeal and the relief sought; and
b: be served on the chief executive in accordance with rules of court.
4: After being served with a notice of appeal, the department must, as soon as practicable, file in the Family Court a report that contains the decision appealed against, the considerations to which regard was had in making that decision, and a copy of all information that the chief executive had when making it.
5: The Family Court may (on an application for the purpose, or its own initiative), but is not obliged to, appoint a lawyer for the child or young person to whom the appeal relates, in which case sections 159(2) and (3), 161, and 162 apply accordingly with any necessary modifications.
6: An appeal under this section is by way of rehearing, and is to be heard and determined in accordance with this section and rules of court.
7: The Family Court's determination of the appeal may confirm, modify, or reverse the decision appealed against, and the chief executive must give effect to that determination.
8: A Family Court's determination of an appeal under this section is final. Appointments outside State Sector Act 1988
40: Section 423 amended (Appointment of care and protection co-ordinators)
1: Replace section 423(1)
1: The chief executive must appoint a sufficient number of care and protection co-ordinators.
1A: Care and protection co-ordinators may—
a: be appointed under the State Sector Act 1988; or
b: be employees of an approved service sections 425 and 427
i: an iwi social service:
ii: a cultural social service:
iii: a child and family support service:
iv: a community service.
2: After section 423(2)
3: An employee of an approved service—
a: may be appointed as a care and protection co-ordinator for a term of not more than 3 years, but the term may be renewed by the chief executive from time to time; and
b: may have his or her appointment as a care and protection co-ordinator cancelled (without compensation) by the chief executive on any ground that the chief executive considers justifies removal from the office; but the removal may only take place after consultation with the person's employer and after a process that accords with the principles of natural justice has been completed; and
c: ceases to be appointed as a care and protection co-ordinator (and no compensation is payable with respect to that loss of office) if he or she ceases to be an employee of the relevant approved service under which he or she was originally appointed; and
d: must perform his or her duties as a care and protection co-ordinator independently of his or her employer; and
e: in performing those duties, must have regard to any guidance for care and protection co-ordinators that is issued by the chief executive.
41: Section 425 amended (Appointment of youth justice co-ordinators)
1: Replace section 425(1)
1: The chief executive must appoint a sufficient number of youth justice co-ordinators.
1A: Youth justice co-ordinators may—
a: be appointed under the State Sector Act 1988; or
b: be employees of an approved service (as defined in section 423(1A)(b)
2: After section 425(2)
3: An employee of an approved service—
a: may be appointed as a youth justice co-ordinator for a term of no more than 3 years, but the term may be renewed by the chief executive from time to time; and
b: may have his or her appointment as a youth justice co-ordinator cancelled (without compensation) by the chief executive on any grounds that the chief executive considers justifies removal from the office; but the removal may only take place after consultation with the person's employer and after a process that accords with the principles of natural justice has been completed; and
c: ceases to be appointed as a youth justice co-ordinator (and no compensation is payable with respect to that loss of office) if he or she ceases to be an employee of the relevant approved service under which he or she was originally appointed; and
d: must perform his or her duties as a youth justice co-ordinator independently of his or her employer; and
e: in performing those duties, must have regard to any guidance for youth justice co-ordinators that is issued by the chief executive.
42: Section 427 amended (Delegation of functions of care and protection co-ordinator or youth justice co-ordinator to social worker)
After section 427(1)
1A: Subsection (1) does not apply to a care and protection co-ordinator, or to a youth justice co-ordinator, who is an employee of an approved service (as defined in section 423(1A)(b) Related amendment to Care of Children Act 2004
43: Amendment to Care of Children Act 2004
1: This section amends the Care of Children Act 2004
2: After section 29
29A: Revocation of appointment as guardian
1: The court may, on application, revoke the appointment under section 27 of a person as a guardian of a child or young person if—
a: the person is a permanent caregiver (as defined in section 2(1) of the Children, Young Persons, and Their Families Act 1989) who is not a special guardian (as defined in that Act); and
b: the application is made at the same time as an application referred to in section 110A
c: a guardianship order under section 110 section 113A
2: If the court revokes an appointment under this section, it must discharge, under section 56, the associated parenting order under section 48 that confers on the person the role of providing day-to-day care for the child and any associated parenting order that provides for any specified person to have contact with the child. 2016-06-30 Care of Children Act 2004 Can be brought into force earlier by OIC. See section 2(2) & (3).


1: Title
This Act is the Appropriation (2013/14 Supplementary Estimates) Act 2014.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Application
1: Section 8 Schedule 2 Schedule 2
2: The rest of this Act relates to the 2013/14 financial year.
4: Overview
This Act meets the requirements of the Public Finance Act 1989
a: section 6 sections 7 8
b: section 7 Schedule 1 see section 4(1)
c: section 8 Schedule 2 see section 10
d: section 9 Schedule 3 see section 21
e: section 10 Schedule 4 see sections 22 23 26E
f: section 11 5 section 32A
5: Interpretation
1: In this Act, unless the context otherwise requires,— 2013/14 financial year multi-category appropriation clause 3 scope shown in the Supplementary Estimates
a: in the case of an appropriation under section 7
i: in the table headed Annual and Permanent Appropriations
ii: in the column headed Titles and Scopes of Appropriations by Appropriation Type
iii: in the statement directly under the title of each appropriation or, in the case of a multi-category appropriation or a multi-class output expense appropriation, under the name of each of the individual categories or classes of outputs that are included in the appropriation; and
b: in the case of an appropriation under section 8
i: in the table headed Multi-Year Appropriations
ii: in the column headed Type, Title, Scope and Period of Appropriations
iii: in the statement directly under the title of each appropriation Supplementary Estimates The Supplementary Estimates of Appropriations for the Government of New Zealand and Supporting Information for the year ending 30 June 2014
2: Terms or expressions used and not defined in this Act but defined in the Public Finance Act 1989
6: Appropriations additional to, or in reduction of, other appropriations
1: The appropriations authorised by section 7
2: The appropriations authorised by section 8 multi-year appropriations
7: Appropriations for expenses and for capital expenditure to be incurred
1: A separate appropriation, in accordance with which the Crown or an Office of Parliament is authorised to incur expenses, capital expenditure, or expenses and capital expenditure (as applicable), is made for—
a: each category of output expenses set out in column 3 of Schedule 1
b: each category of benefits or other unrequited expenses set out in column 3 of Schedule 1
c: each category of other expenses set out in column 3 of Schedule 1
d: each category of capital expenditure set out in column 3 of Schedule 1
e: each appropriation for intelligence and security department expenses and capital expenditure set out in column 3 of Schedule 1
f: each multi-category appropriation set out in column 3 of Schedule 1
2: Each appropriation provided by subsection (1) is limited to—
a: whichever of the following amounts is applicable:
i: the amount authorised by the Appropriation (2013/14 Estimates) Act 2013 column 4 of Schedule 1
ii: if no amount was authorised by the Appropriation (2013/14 Estimates) Act 2013 column 4 of Schedule 1
b: the scope shown in the Supplementary Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to the 2013/14 financial year; and
b: in advance, but within the scope, of one of those appropriations.
8: Appropriations applying for more than 1 financial year
1: A separate appropriation, in accordance with which the Crown is authorised to incur expenses or capital expenditure, is made for—
a: each of the categories of output expenses set out in column 3 of Schedule 2
b: each of the categories of other expenses set out in column 3 of Schedule 2
c: the category of capital expenditure set out in column 3 of Schedule 2
2: Each appropriation provided by subsection (1) is limited to—
a: the period specified in column 4 of Schedule 2
b: whichever of the following amounts is applicable:
i: the amount authorised by the previous authorities specified in column 6 of Schedule 2 column 5 of Schedule 2
ii: if no previous authority is specified in column 6 of Schedule 2 column 5 of Schedule 2
c: the scope shown in the Supplementary Estimates for the relevant appropriation.
3: The appropriations provided by subsection (1) include the expenses and capital expenditure that have been incurred—
a: under any Imprest Supply Act passed in relation to the 2013/14 financial year; and
b: in advance, but within the scope, of one of those appropriations.
4: The authority to incur expenses provided by the appropriation under section 9 Historical Treaty of Waitangi Settlements 2013 - 2017
9: Expenses incurred pursuant to section 21 of Public Finance Act 1989
The appropriations to which output expenses may be charged under section 21 Schedule 3
10: Confirmation of net assets
For the purposes of section 22 sections 23 26E Schedule 4
a: column 3 shows the most recently audited amount of net assets; and
b: column 8 shows the projected movements in net assets during the 2013/14 financial year; and
c: column 9 shows the projected balance of net assets at the end of the 2013/14 financial year.
11: Appropriations subject to section 32A of Public Finance Act 1989
The appropriations listed in Schedule 5
a: are appropriations for which expenses or capital expenditure are to be incurred other than by departments or Offices of Parliament; and
b: are subject to section 32A