the National Code of Practice; and

the Oranga Tamariki (National Care Standards and Related Matters) Regulations 2018; and

the purposes and principles set out in sections 4A, 5, 13, and 208 of the Act (as inserted, substituted, or amended) by sections 10, 11, 16, and 101 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017; and

any plan approved by a court for the child or young person under—

in the absence of any such plan, any plan for the care of the child or young person—

a care plan for the child or young person formulated in accordance with subclause (2).

be prepared in consultation with,—

be consistent with the other plan prepared for the child or young person under regulations 16 to 25 of the Oranga Tamariki (National Care Standards and Related Matters) Regulations 2018 and the requirements for that plan under those regulations:

specify the objectives sought to be achieved for the child or young person while in the residence:

contain details of the services and assistance and the programmes to be provided for the child or young person while in the residence:

state the responsibilities of the child or young person:

state personal objectives for the child or young person:

state details of the contacts the child or young person ought to have with members of the child’s or young person’s family, whanau, or family group and how those contacts will be achieved:

contain such other matters relating to the education, employment, recreation, and welfare of the child or young person as are relevant.

the provisions of these regulations and sections 384A to 384K of the Act:

the rules of the residence, and any punishments or sanctions that may be imposed for a breach of those rules:

the grievance procedure operative in the residence for dealing with complaints by children or young persons in the residence, and the means by which a complaint may be lodged under that procedure:

the provisions of the care plan formulated in respect of the child or young person.

except for the explanation required by subclause (1)(d), on the admission of the child or young person to the residence; and

from then on, at intervals of not more than 1 month; and

at any other time, if the child or young person so requests.

the age of the child or young person; and

his or her—

a notice referring to the existence of these regulations and sections 384A to 384K of the Act, and to their availability for inspection on request; and

a copy of the rules of the residence; and

a copy of the grievance procedure operative in the residence.

could be harmful to that child or young person or to any other person in that residence; or

is being used in a manner or to an extent that is not consistent with the comfort and convenience of others; or

may not lawfully be possessed by that child or young person; or

could unreasonably interfere with—

subject to subclause (4), be destroyed, if the manager so directs; or

be handed to a constable; or

be dealt with under subclause (5); or

be sent or delivered to the child’s or young person’s parent or guardian or any other person previously having the care of the child or young person.

unless the child or young person from whom it is seized is informed—

until the child or young person has had a reasonable opportunity to make such a complaint; and

if the child or young person makes such a complaint, until that complaint is determined or is sooner withdrawn.

when he or she is discharged from the residence; or

at such earlier time as the member of staff concerned, or the manager, thinks fit.

to wear his or her own clothes if those clothes are adequate and suitable; and

to wear his or her own articles of adornment.

to wear the school uniform of any school that he or she attends while at the residence; and

to abide by the rules of that school in relation to the wearing of articles of adornment.

to undergo an examination by a medical practitioner or a nurse; or

to enable that member of staff or other person to assist the child or young person to wash, perform bodily functions, and generally attend to the daily needs of that child or young person, where that child or young person is unable to attend to those matters unaided.

where practicable, that member of staff shall be of the same sex as the child or young person; and

subject to subclause (4), details of that requirement shall be recorded in the daily log.

permitted by subclause (1)(b) or subclause (2); and

contemplated by, and set out in, the child’s or young person’s care plan.

needs to eat separately on account of illness or injury; or

is in secure care and is confined to any room pursuant to regulation 48.

any parent or guardian of that child or young person, or any person who would otherwise have the care of that child or young person:

the members of the whanau or other culturally recognised family group of that child or young person:

any person with whom that child or young person has formed a significant psychological attachment:

any person in whose favour an order has been made under section 121 or section 313 of the Act granting access to that child or young person:

the minister of religion, medical practitioner, psychologist, barrister or solicitor, or social worker, or any teacher, of that child or young person:

any barrister or solicitor appointed under section 159 of the Act to represent the child or young person:

any lay advocate appointed under section 163 or section 326 of the Act for the child or young person:

any youth advocate appointed to represent the child or young person:

any barrister or solicitor appointed under section 160 of the Act to assist the court in any proceedings relating to the child or young person:

any care and protection co-ordinator or youth justice co-ordinator:

any Ombudsman, or any member of staff of the Office of the Ombudsman:

a Human Rights Commissioner, the Privacy Commissioner, the Children’s Commissioner, the Health and Disability Commissioner, or any member of staff of their respective offices:

any person involved in the operation of the grievance procedures established within the residence, including—

any other person, unless visits from that person, or communication with that person, or both, are for the time being prohibited by the manager.

the costs of any telephone call made to a child or young person in a residence; or

any costs other than the costs of any telephone call made by a child or young person in a residence, where the telephone call—

be given orally and, where practicable, in writing,—

be recorded in the daily log.

with whom a court has ordered the child or young person not to associate; or

who is subject to an order or an interim order made under section 87 or section 88 of the Act restraining that person’s conduct in respect of that child or young person; or

whom the manager believes on reasonable grounds to be a person with whom it is undesirable for the child or young person to associate; or

who was a victim of—

in the case of children and young persons of school age, to educational activities both inside and outside the residence; or

to vocational training opportunities outside the residence; or

in the event that no such activities or opportunities are available, to regular, structured, learning activities facilitated by members of the staff of the residence.

enrolled at and attending any school outside the residence; or

attending any educational institution (other than a school), or any other educational or vocational training activity, outside the residence for an equivalent period (whether or not for the same number of hours each day).

where, pursuant to any enactment or rule of law,—

is authorised to and has consented to such examination or treatment on behalf of that child or young person; or

pursuant to any enactment or rule of law whereby in any circumstances the consent of that child or young person to such examination or treatment is not required.

a medical practitioner; or

a nurse (not being a nurse who is employed in the residence principally or exclusively in any capacity other than as a nurse) on, and in accordance with, the prescription of a medical practitioner; or

a dentist in connection with any dental treatment.

prescribed for the child or young person by a medical practitioner or a dentist; and

administered in accordance with the directions of that medical practitioner or dentist.

to lodge a complaint under the grievance procedure operative in the residence; and

except where the complaint is referred directly to the grievance panel, to have decisions made under the grievance procedure reviewed by a grievance panel.

that there is operative within the residence a grievance procedure for dealing with complaints by children and young persons in the residence; and

that the procedure complies with the provisions set out in the Schedule; and

that every child or young person for the time being in the residence has access to the procedure.

a barrister or solicitor or youth advocate appointed under section 159 or section 323 of the Act to represent the child or young person; or

a person nominated by the child or young person.

a member of the child’s or young person’s family, whanau, or family group:

a kai awhina or kai arahi:

a barrister or solicitor or youth advocate:

any other person approved by the manager.

would, as advocate for the child or young person, have a conflict of interest with the child or young person in relation to the subject matter of the complaint; or

has put himself or herself forward as an advocate predominantly for an interest or interests other than the interests of the child or young person; or

would attempt, or be likely to attempt, to pervert the course of justice; or

is, by the terms of any order made by any court of competent jurisdiction, prevented or restricted from having access to, or contact with, the child or young person.

any barrister or solicitor or youth advocate nominated by the child or young person under subclause (1)(b), if another barrister or solicitor or youth advocate has been appointed to represent the child or young person under section 159 or section 323 of the Act; or

any other person providing advocacy services to the child or young person on the complaint; or

the child or young person, or his or her parent or guardian, or any other person, engaging any person to provide advocacy services to the child or young person on the complaint.

the commencement date and details of any behaviour management programme proposed for general use in that residence; and

any decision to discontinue a behaviour management programme in general use at that residence.

that programme, including the behaviour expected of that child or young person under that programme; and

any rewards and sanctions that may be used under that programme.

the punishments that members of staff of the residence may impose on children and young persons in the residence; and

the sanctions that may be used under behaviour management programmes at the residence.

reasonable in all the circumstances; and

one of the punishments or sanctions prescribed by the chief executive under subclause (1).

the reasons for the punishment or sanction; and

the nature of the punishment or sanction; and

where appropriate, the duration of the punishment or sanction; and

the right of the child or young person to object to the imposition of the punishment or sanction, or to its nature or duration, or both.

the full name of the child or young person; and

the name of the person who imposed the punishment or sanction; and

the details of the punishment or sanction, including its nature and duration, and the reasons for its imposition.

record in the daily log—

forthwith refer the objection to,—

inform the child or young person of his or her right to consult an advocate in relation to the objection.

confirm, vary, or rescind the decision to impose the punishment or sanction; or

rescind the decision to impose the punishment or sanction and substitute any other punishment or sanction that could have been imposed when that decision was made; or

after consultation with the child or young person and his or her advocate (if any), treat the objection as a complaint to be dealt with under the grievance procedure operative in the residence under regulation 15.

inflicts on the child or young person any torture or cruelty, or is inhuman; or

degrades or humiliates that child or young person; or

is likely to induce an unreasonable amount of fear or anxiety in that child or young person.

in self defence, or in the defence of another person, or to protect that child or young person from injury; or

to prevent that child or young person from damaging any property; or

to prevent that child or young person from leaving the residence if not authorised to do so; or

to secure the containment of that child or young person in secure care; or

subject to section 384H of the Act, for the purpose of carrying out any search authorised by section 384C of the Act.

use no more than the minimum amount of force that is reasonably necessary in the circumstances; and

record in the daily log the details of the use of such force, and of the circumstances giving rise to its use.

subclause (1) applies to any child or young person who—

subclause (3) applies to any child or young person in secure care.

the facilities, equipment and personnel necessary to give effect to these regulations; and

adequate training and resources to the staff of residences to enable them to carry out their functions and duties under these regulations.

set out the philosophy of, and the objectives for, the care of children and young persons in residences; and

set out the practices and procedures through which that philosophy is to be implemented and those objectives achieved; and

set out appropriate standards to be met in the implementation of those practices and procedures, and the procedures for evaluating whether or not those standards are attained in each residence; and

set out matters to be included in the security management and emergency management plans of residences; and

be prepared having regard to, and shall contain provisions reflecting, the principles in sections 5, 6, 13, and 208 of the Act.

monitor the compliance with these regulations in that residence; and

establish appropriate procedures by which that monitoring may be carried out.

the Principal Youth Court Judge; and

the Principal Family Court Judge; and

the Children’s Commissioner.

shall hold office at the Minister’s pleasure; and

may be paid, out of the department’s Bank Account from money appropriated by Parliament for the purpose, remuneration by way of fees, salary, or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951; and that Act shall apply accordingly.

to conduct a review of the decision of the manager on any matter—

to monitor compliance with the grievance procedure:

any other functions imposed on it by the grievance procedure:

to review, in accordance with regulation 19, any punishment or sanction that the manager proposes to impose on a child or young person.

the reviews carried out by the panel during the previous quarter pursuant to the grievance procedure; and

whether, in its opinion, there has been compliance with the grievance procedure, and the reasons for that opinion.

the chief executive; and

the Principal Youth Court Judge; and

the Principal Family Court Judge; and

the Children’s Commissioner; and

the Chief Ombudsman; and

the Independent Monitor of the Oranga Tamariki System.

details of the members of staff of the residence who are responsible for security in the residence and the reporting requirements on security matters:

an identification of the security issues relating to the residence:

written procedures to deal with such security issues:

such other matters relating to the maintenance of the security of the residence as the manager thinks fit.

a prioritised identification of hazards that could affect the residence:

written procedures to deal with any such hazards, including procedures relating to the evacuation of children and young persons and staff from the residence:

an emergency command structure:

liaison and aid arrangements with civil defence personnel, Police, ambulance and fire services, and local authorities:

such other matters relating to management of the residence in an emergency as the manager thinks fit.

the emergency management plan is periodically reviewed at intervals of not more than 6 months; and

evacuation and assembly exercises involving members of staff and children and young persons in the residence are carried out at least once every 3 months.

2 persons resident in and representative of the community in which the residence is situated:

2 persons appointed by the local authority having jurisdiction over the area in which the residence is situated:

2 persons representing the tangata whenua of the area in which the residence is situated:

a constable:

the manager of the residence, or a senior member of staff of the residence to attend meetings of the committee in the absence of the manager:

a representative of the members of staff of the residence:

a representative of the children and young persons in the residence:

such other person or persons as the committee invites to be members of the committee.

invite nominations for appointment to the committee, when establishing the committee, and from time to time when there is a vacancy in its membership; and

appoint members of the committee (other than the members referred to in paragraph (b) or paragraph (c) or paragraph (h) of subclause (2)) from such nominations.

to promote positive relationships between the residence and the surrounding community:

to monitor the effects of the residence on the surrounding community:

to monitor the effectiveness of the measures adopted to mitigate any adverse effects on the surrounding community:

to monitor the effectiveness of the security management plan of the residence and to review abscondings from the residence:

to review any changes to internal management practices at the residence in relation to specified actions designed to mitigate adverse effects on the community:

to respond to concerns raised by residents of the surrounding community:

to make recommendations to the manager on any of the matters referred to in paragraphs (a) to (f).

a statement as to whether, in the opinion of the person making the report, the provisions of these regulations, the Oranga Tamariki (National Care Standards and Related Matters) Regulations 2018, and sections 384B to 384K of the Act are being complied with in the residence; and

details of any circumstances or matter in respect of which, in the opinion of that person, there has been a failure to comply with these regulations, the Oranga Tamariki (National Care Standards and Related Matters) Regulations 2018, or sections 384B to 384K of the Act; and

any recommendations in relation to any such circumstances or matter.

enter and inspect any part of the residence:

observe and comment on the state and condition of any child or young person in the residence:

communicate with—

subject to subclause (4), examine any document or record that is held in the residence and that relates to any child or young person in the residence:

subject to subclauses (4) and (5), require any member of staff of the residence to furnish such information or particulars as are reasonably necessary for the purpose of the inspection.

the person inspecting the residence believes on reasonable grounds that the inspection cannot properly be carried out without making that entry or inspection; and

prior notice of the inspection is given to the child or young person, in which the purpose of the inspection is explained; and

the child or young person is present during the inspection.

paragraphs (b) and (c) of subclause (2) applies where the child or young person is absent from the residence:

subclause (2)(c) applies where compliance with its provisions would be impracticable because the child or young person is ill or is in secure care.

the manager may require the mail to be opened, or, in the case of a facsimile or electronic mail, read, by the child or young person in the presence of a member of staff of the residence, or by a member of staff of the residence, or by a member of staff of the residence in the presence of the child or young person; and

if the mail contains any such article, drug, substance, or material, the member of staff may seize that article, drug, or substance, or that material.

subject to subclause (5), be destroyed, if the manager so directs; or

be handed to a constable; or

be retained in the residence and returned to the child or young person when he or she is discharged from the residence or at such earlier time as the member of staff concerned, or the manager, thinks fit.

requires a child or young person to be present if any mail is believed on reasonable grounds to contain any explosive or destructive substance or device; or

entitles a member of staff of a residence to read any mail intended to be sent or received by the child or young person unless,—

unless the child or young person is informed—

until the child or young person has had a reasonable opportunity to make such a complaint; and

if the child or young person makes such a complaint, until that complaint is determined or is sooner withdrawn.

the inspection of any mail under subclause (2):

the seizure of any article, drug, substance, or material under subclause (2)(b) and of the action taken in respect of it under subclause (3).

could be harmful to that child or young person or to any other person in the residence; or

may not lawfully be retained in the possession of that child or young person.

subject to subclause (5), be destroyed, if the manager so directs; or

handed to a constable; or

retained in the residence and returned to the child or young person when he or she is discharged from the residence or at such earlier time as the member of staff concerned, or the manager, thinks fit; or

returned to its rightful owner, if it belongs to some person other than the child or young person searched or examined.

unless the child or young person from whom it is seized is informed—

until the child or young person has had a reasonable opportunity to make such a complaint; and

if the child or young person makes such a complaint, until that complaint is determined or is sooner withdrawn.

that—

that adequate management of that child or young person cannot reasonably be undertaken except in secure care.

has carried out a review of the case of the child or young person pursuant to subclause (1); and

has certified in the secure care register that he or she is satisfied as to the matters on which a member of staff of the residence is required to be satisfied under subclause (3).

on account of any illness, injury, or extreme emotional disturbance suffered by that child or young person; or

in any case of emergency, or in order to maintain and restore order in the residence; or

in the case of a confinement between 5 pm and 8 pm on any day to enforce a sanction under a specific behaviour management programme being applied to the child or young person.

shall include (where practicable) cultural, recreational, social, sporting, and educational activities; and

shall be made available at all reasonable times during a child’s or young person’s placement in secure care.

the full name of the child or young person:

the date of birth of the child or young person:

if known, details sufficient to identify any iwi or tribal affiliations of the child or young person:

if known, details sufficient to identify any affiliations of the child or young person with any other ethnic or cultural group:

the authority for the admission, and, where appropriate, the name and office of the person authorising the admission:

if known, the date on which the child or young person is to be discharged from the residence:

if known or ascertainable, the full name, address, and contact telephone number of—

the full name, address, and contact telephone number of any person whom the child or young person wishes to be notified concerning any significant matter affecting that child or young person which occurs in the residence.

the authority for the admission to the residence of the child or young person:

particulars of the level of formal education attained by the child or young person:

particulars of any tribal, ethnic, or cultural affiliations of the child or young person:

particulars of any religious belief and any church association of the child or young person:

the name of the social worker involved with the child or young person before admission to the residence:

the name, address, and contact telephone numbers of—

particulars of any illness or injury currently suffered by the child or young person and the prescribed treatment for it:

particulars of any physical or other disability or handicap.

the arrival of any child or young person at the residence, and the departure of any child or young person from the residence:

any illness or injury suffered by any child or young person in the residence:

any serious breach of discipline or disruptive or destructive behaviour by a child or young person in the residence:

the introduction of a child or young person in the residence to a behaviour management programme, and the removal of any child or young person from such a programme:

any absconding by any child or young person from the residence, and the return of that child or young person to the residence:

those matters the details of which are required by section 384I or section 384K of the Act or any of regulations 5(6), 7(3), 8(2), 10(5), 11(6), 18(6), 19(1), 22(2), 39(6), 45(6), 48(3):

any other significant event occurring in the residence.

the date (if any) on which a complaint form was issued to a child or young person in the residence:

the name of the child or young person making the complaint:

the date—

an identifying number (being the number on the complaint form) assigned by the manager to the complaint:

the name of the member of staff to whom the complaint was made (if the complaint was not made by the child or young person completing a complaint form):

the date the child or young person was notified of receipt of the complaint by the manager or, as the case requires, the grievance panel:

if the complaint is withdrawn by the child or young person, the date of that withdrawal:

the action taken on the complaint by the manager and the date or dates of that action:

the findings of the manager on the complaint:

the date the child or young person is notified of those findings by the manager:

whether the child or young person is satisfied or dissatisfied with those findings:

the date (if any) on which the child or young person requested the complaint to be referred to the grievance panel:

the date on which the manager referred the complaint to the grievance panel:

the findings of the grievance panel on the complaint and the date of those findings:

the date the child or young person was notified of those findings by the grievance panel or the manager.

the full name of the child or young person and the age of that child or young person at the time of placement:

the date and time of placement:

the ground under section 368 of the Act for placing the child or young person in secure care, and the reasons in support of that ground:

the full name, address, and contact telephone number of any person who is nominated by the child or young person for the purposes of section 369(1)(b) of the Act:

the full name of each person who is notified under section 369 of the Act that the child or young person has been placed in secure care:

details of the plan proposed for the child or young person while he or she is in secure care:

the name of any medical practitioner, psychiatrist, psychologist, or other person providing specialist medical, psychiatric, psychological, or other services to the child or young person:

the apparent physical and mental health of the child or young person at the time of the placement:

such details as are required by regulation 47 to be certified or recorded in the secure care register:

brief details of the decision of any court or, as the case may be, any Registrar on any application made under section 371 or section 372 or section 377 or section 379 or section 380 or section 383 of the Act for the detention of that child or young person in secure care:

if known or ascertainable, the full name, address, and contact telephone number of—

any provision of the Oranga Tamariki (National Care Standards and Related Matters) Regulations 2018 and any other enactment under or by virtue of which access may be obtained or given to records or information concerning a child or young person:

any court order for access to records or information concerning a child or young person:

subclause (2).

any member of staff of the residence who requires such access for any purpose directly relating to his or her functions or duties as the manager or a member of staff of the residence:

any person conducting an investigation into a complaint made by the child or young person under the grievance procedure of the residence:

any member of a grievance panel in the course of conducting a review under regulation 31:

any person conducting an inspection of the residence pursuant to regulation 37:

the child or young person:

any barrister or solicitor or youth advocate or lay advocate—

any person (being the chief executive, or a person acting under the authority of the chief executive, or a constable) who requires such access—

any person (being a person who is or was a member of staff of the residence, or a person engaged to provide services to the residence, or an employee of any such person so engaged) who requires such access to defend any such action:

the chief executive, or a person acting under the authority of the chief executive, or any social worker or care and protection co-ordinator or youth justice co-ordinator who requires such access for any purpose directly relating to the chief executive’s, or that social worker’s or that co-ordinator’s functions or duties under the Act:

any barrister or solicitor (including a barrister or solicitor who is an employee of the department) who is engaged to advise or represent a person mentioned in any of paragraphs (a) to (d) or paragraphs (g) to (i) in relation to the purpose for which that person may have access to the records.

Children and Young Persons (Residential Care) Regulations 1986 (SR 1986/306):

Children and Young Persons (Residential Care) Regulations 1986, Amendment No 1 (SR 1989/297).