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:
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.
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:
No decisions have yet been made about what changes to make. We are starting the second stage of a two-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 options papers
We welcome your feedback on our options papers. You can download and read the first 3 papers below. Options papers for the other topics are scheduled for October.
- Have we identified the right options for each topic?
- Have we identified the right criteria to assess those options?
- Which option do you support?
You can send us your feedback by emailing email@example.com.
We would like to receive any feedback on the first three “other matters” by 14 October 2022. We’ll invite your feedback on draft options for the other topics in October.
Note that he Minister for Children has not received any advice, nor made any decisions regarding the draft policy proposals in these options papers. These proposals do not represent Government policy and should be treated solely as ideas for feedback. They are preliminary proposals that are under review and may change.
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 firstname.lastname@example.org.
Residential Care files
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
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
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
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
Searches - issues in residential care
Issues paper considering the power to search a young person in the context of residential care.
Pdf, 252 KB
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
Options summary - Information sharing
Options paper exploring potential amendments to the approach the Oranga Tamariki Act takes to information sharing with and iwi and Māori partners.
Pdf, 410 KB
Options summary - Special Guardianship Orders
Options paper exploring potential amendments to special guardianship orders under s113A & B of the Oranga Tamariki Act.
Pdf, 745 KB
Options summary - Adult Criminal Jurisdiction
Options paper exploring potential amendments to the law that applies to young people sentenced in the adult jurisdiction.
Pdf, 322 KB
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
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
Published: September 15, 2022