Residential Care and Other Matters Amendment Bill
Have your say about the legislative work underway on the Residential Care and Other Matters Amendment Bill and access key documents.
About the amendment Bill
We are working on potential changes to the Oranga Tamariki Act 1989 and the Residential Care Regulations 1996. These changes will be contained in an amendment Bill called the Oranga Tamariki (Residential Care and Other Matters) Amendment Bill.
There is a mix of topics we are considering for potential inclusion in the Bill. The Minister for Children is yet to receive advice or make any decisions regarding these topics:
Residential Care
Our aim is to support a new model of residential care that is better aligned with the future direction of Oranga Tamariki. Our vision is to shift away from larger residences towards smaller more family-like homes, with an associated shift to more trauma-informed and therapeutic residential care. We are considering what amendments to the Act may be needed to support those shifts.
Other Matters
We are also considering potential changes to these other matters:
- Special guardianship orders
- Remand options
- The law that applies to young people sentenced in the adult jurisdiction
- Voluntary extended care agreements and
- Information sharing.
You can see a PowerPoint presentation that introduces all the topics under consideration below:
What's happening
No decisions have yet been made about what changes to make. We are currently at the first stage of a 2-stage approach to developing potential amendments:
- Stage 1: Identify the issues and objectives.
- Stage 2: Design and assess options for changing the legislation.
Give us your feedback on our issues papers
We welcome your feedback on our issues papers. You can download and read them below.
- Have we identified the right issues for each topic?
- Have we identified the right objectives to address those issues?
- Are we asking the right questions?
You can send us your feedback by emailing legislation@ot.govt.nz.
We would like to receive any feedback on the first three “other matters” by 24 August 2022, and on all other topics by 7 September. We’ll then invite your feedback on Stage 2
How you can get involved
We welcome involvement from any person or organisation affected by the matters we are exploring.
If you have any questions about the Bill, please contact us at legislation@ot.govt.nz.
Residential Care files
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Residential care settings (regulatory framework) - issues in residential care
Issues paper exploring what types of residential care are regulated by the Residential Care Regulations 1996.
Pdf, 192 KB
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Authority to restrict freedom of movement - issues in residential care
Issues paper considering the power to detain a young person in the context of residential care.
Pdf, 169 KB
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Secure care (use of seclusion) - issues in residential care
Issues paper considering the power to place a young person in seclusion in the context of residential care (called ‘secure care’ in the legislation).
Pdf, 203 KB
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Response to challenging behaviour, including use of physical restraints - issues in residential care
Issues paper considering the power to use physical restraints and behaviour management programmes in the context of residential care.
Pdf, 255 KB
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Searches - issues in residential care
Issues paper considering the power to search a young person in the context of residential care.
Pdf, 252 KB
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Rights, protections, safeguards and mitigations for use of powers in residential settings - issues in residential care
Issues paper considering the protections available to counterbalance the use of significant powers in the context of residential care.
Pdf, 192 KB
Other matters files
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Information sharing - issues paper
Issues paper exploring whether the right information is available at the right time to the right agencies to support young people in care.
Pdf, 268 KB
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Special Guardianship Orders - issues paper
Issues paper reviewing special guardianship orders under ss113A & B of the Oranga Tamariki Act.
Pdf, 347 KB
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Voluntary care agreements - issues paper
Issues paper considering the pathways available to young people and the families to enter into long term voluntary care agreements without having to seek a Court order.
Pdf, 241 KB
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Options for remand - issues paper
Issues paper considering the remand options available to the Youth Court when a young person has appeared charged with an offence.
Pdf, 238 KB
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Young people sentenced in the adult jurisdiction - issues paper
Issues paper reviewing the law that applies to young people sentenced in the adult jurisdiction and detained in an Oranga Tamariki youth justice residence.
Pdf, 211 KB
Published: July 28, 2022
