an order specified in subsection (1)(j) or (k) and made after the date on which the Children, Young Persons, and Their Families Amendment Act 2012 comes into force.

(3)

The order expires (if it does not expire sooner) 6 months after the young person in respect of whom it is made attains the age of 17 years if it is an order specified in subsection (1)(a) to (i) and made before 1 October 2010.

(4)

The order expires under section 108 if it is an order specified in subsection (1)(j) and (k) and made before the date on which the Children, Young Persons, and Their Families Amendment Act 2012 comes into force.

5 Interim suspension order

Section 296F(3) is amended by omitting “or (2)”.

6 Nature of programmes, who may consent to medical treatment, and related custody orders

Section 297B is amended by repealing subsection (7) and substituting the following subsection:

(7)

A custody order under subsection (5) has the same effect as if the young person had been placed in the custody of the relevant person or organisation under an order under section 101, except that—

(a)

a custody order under subsection (5) expires under section 296 (and so generally not under section 108); and

(b)

section 365 (which would empower the chief executive to place the young person in a residence established under section 364) does not apply to the young person.

7 Supervision with activity order

Section 307 is amended by repealing subsection (6) and substituting the following subsection:

(6)

A custody order under subsection (4) has the same effect as if the young person had been placed in the custody of the relevant person or organisation under an order under section 101, except that—

(a)

a custody order under subsection (4) expires under section 296 (and so generally not under section 108); and

(b)

section 365 (which would empower the chief executive to place the young person in a residence established under section 364) does not apply to the young person.

8 Privilege for reports

Section 338 is amended by omitting “section 308C or section 319A” and substituting “section 296M or section 308C or section 314 or section 319A or section 320”.

9 Access to reports and plans under this Part

(1)

Section 339(a) is amended by omitting “section 308C or section 319A” and substituting “section 296M or section 308C or section 314 or section 319A or section 320”.

(2)

Section 339(b) is amended by inserting “section 296M or” after “pursuant to”.

10 Application of sections 362, 364, 365, 387, 390 to 392, 394, and 395

Section 361 is amended by inserting the following paragraph after paragraph (h):

(ha)

any child or young person who is placed in the custody of the chief executive or an iwi social service or a cultural social service or the director of a child and family support service pursuant to an order made under section 297B(5) or 307(4) (except that, under section 297B(7)(b) or 307(6)(b), section 365 does not apply to the child or young person):

11 Chief executive may place children and young persons in residences

Section 365(5) is amended by inserting “sections 297B(7)(b) and 307(6)(b) (which ensure this section does not apply to children and young persons subject to custody orders under sections 297B(5) and 307(4)) and to” after “This section is subject to”.

Legislative history

5 December 2012		Divided from Statutes Amendment Bill (No 3) (Bill 349–2) by committee of the whole House, third reading
11 December 2012		Royal assent

This Act is administered by Oranga Tamariki—Ministry for Children.

Children, Young Persons, and Their Families Amendment Act 2012