• Section 370(1): “Subject to subsection (2), no child or young person shall
be kept in secure care for a continuous period of more than 72 hours, or
on more than 3 consecutive days (whether continuously or not), unless an
approval has been granted under section 376.”
• Section 370(2): “No child or young person … shall be kept in secure care
for a continuous period of more than 24 hours unless an approval has been
granted under section 376.”
• Section 371(1): “Where a child or young person is placed in secure care
pursuant to section 367, the chief executive may apply to the Family Court or
the Youth Court or, where it is not practicable to apply to the Family Court or
the Youth Court, to the District Court for approval for the continued detention
of that child or young person in secure care.”
• The court may grant an approval authorising the continued detention of the
child or young person in secure care. It is valid for 14 days, then it must be
renewed. The child or youth, their parent or guardian, or their lawyer/youth
advocate may apply for a review of the use of secure care at any time.
Oranga Tamariki (Residential Care) Regulations 1996
Part 2 Limitations on powers of punishment and discipline
• Section 21 Torture, cruelty, and inhuman, humiliating, or degrading discipline
and treatment prohibited:
• “No member of staff of a residence shall discipline or treat or speak to any
child or young person in the residence in a manner which –
˚˚ 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.”
• Section 22(1): “No member of staff of a residence shall use physical force
in dealing with a child or young person in the residence unless that member
of staff has reasonable grounds for believing that the use of physical force is
reasonably necessary –
˚˚ (a) in self defence, or in the defence of another person, or to protect that
child or young person from injury; or
˚˚ (b) to prevent that child or young person from damaging any property; or
˚˚ (c) to prevent that child or young person from leaving the residence if not
authorised to do so; or
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