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Family law

Complaints and investigations

After an investigation – What next?

What can happen after a report’s been investigated?

Oranga Tamariki Act 1989, ss 17, 18

There are three main options:

  • The child’s OK – and so Oranga Tamariki doesn’t take any action.
  • The child’s OK but the family/whānau needs help – and so Oranga Tamariki calls a meeting or hui to try to reach a “family/whānau agreement” to address Oranga Tamariki’s concerns.
  • The child needs care or protection – and so Oranga Tamariki starts the process of calling a formal Family Group Conference. Later, the Family Court could also get involved.

We explain about these three options next.

If the child’s OK

If the investigators decide the child doesn’t need care or protection according to the grounds in the Oranga Tamariki Act, the family/whānau and the person who made the report will be told, and nothing else will happen. To find out about those grounds, see: “How to respond to Oranga Tamariki’s court application”.

If the child’s OK but the family or whānau needs help

If it’s decided the child doesn’t need care or protection but the family/whānau may be having difficulties and need support, Oranga Tamariki can call an informal meeting or hui to try to come up with an agreed solution.

Oranga Tamariki calls this a “family/whānau agreement”. The agreement will set out a plan and goals for addressing the concerns.

If Oranga Tamariki think the child needs care or protection

If the investigating social worker believes the child needs care or protection, they’ll notify a Care and Protection Coordinator from Oranga Tamariki. The coordinator will arrange a Family Group Conference to plan with the family or whānau how any concerns can be addressed.

In these cases, the social worker doesn’t have the option of taking the issue to an informal family/whānau meeting – legally, they have to pass on the case to a Care and Protection Coordinator so that there can be a Family Group Conference.

If Oranga Tamariki thinks the child needs urgent protection, they can take some emergency action, including removing them from their family/whānau or home (see: “If Oranga Tamariki takes urgent action”).

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Dealing with Oranga Tamariki / Ministry for Children

Where to go for more support

Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres

Oranga Tamariki/Ministry for Children

Oranga Tamariki’s website has a range of information about the care and protection issues discussed in this chapter.

Website: www.orangatamariki.govt.nz
Email: contact@ot.govt.nz
Phone: 0508 326 459

Barnardos

Barnardos delivers a range of child, family and education services throughout New Zealand.  Check their website to see what services are available in your area.

Website: www.barnardos.org.nz
Email: info@barnardos.org.nz
Phone: 0800 BARNARDOS (0800 227 627)

Family Court

The Family Court website has information about how a government agency can apply for a Care or Protection Order of a child.

Website: www.justice.govt.nz and select “Family” then “Keeping children safe” and “When Oranga Tamariki gets involved”.

VOYCE – Whakarongo Mai

“VOYCE” stands for “Voice of the Young and Care Experienced” and is a non-government advocacy service for children and young people in state care.

Website: www.voyce.org.nz
Phone: 0800 4VOYCE (0800 486 923)

Youthline Aotearoa

Youthline provides free counselling, information and referral services.

Website: www.youthline.co.nz
Email: talk@youthline.co.nz
Phone: 0800 BARNARDOS (0800 227 627)
Free text: 234

Women’s Refuge

Women’s Refuge provides 24-hour support, advocacy and accommodation for women and their children experiencing family violence throughout New Zealand.

Website: www.womensrefuge.org.nz
Crisis line (24/7): 0800 REFUGE (0800 733 843)
Email: info@refuge.org.nz
Instagram: www.instagram.com/womensrefugenz
Facebook: www.facebook.com/womensrefugenz

Mana Mokopuna | The Children’s Commission

Mana Mokopuna | The Children’s Commission looks to ensure that children’s rights are respected and upheld. It advocates for the best interests of all children and young people in New Zealand.

Website: www.manamokopuna.org.nz
Email: children@manamokopuna.org.nz
Phone: 0800 224 453

Office of the Ombudsman

The Ombudsman handles complaints about Government agencies, such as Oranga Tamariki or the Police.

Website: www.ombudsman.parliament.nz
Email: office@ombudsmen.parliament.nz
Phone: 0800 802 602
To make a complaint online: go to the website above and select “get help (for the public)”

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