Your Rights

Leaving Home

Leaving home is one of the most difficult decisions you can make as a young person. People leave home for lots of different reasons:  to be more independent; to work or study in another town; to live with friends or a partner; because of arguments, hassles or too many rules at home; or because home isn’t a safe place to be anymore.

Because leaving home is such an important decision, make sure you about your options in depth before taking any steps.
For some practical advice about flatting and renting, click here.

My home is unsafe and I’m being abused, what can I do?

If you are leaving because it is unsafe to stay, try to take with you:

• identification papers (birth certificate, passport, driver licence);
• money;
• bank cards;
• any medical supplies you need, especially prescription medicines; and
• phone numbers of friends, family, your doctor, school, etc.

There are things you can do to protect yourself from an unsafe home environment, including getting a Protection Order; involving the Ministry for Children – Oranga Tamariki; the police; or changing your care arrangements. Contact us for more information.

I am leaving home because it’s unsafe to stay, what should I take with me?

If you are leaving because it is unsafe to stay, try and take with you:

• identification papers (birth certificate, passport, driver licence)
• money
• bank cards (including bank account card)
• any medical supplies you need, especially prescription medicines
• phone numbers of friends, family, doctor, school

There are things you can do to protect yourself from an unsafe home environment, including getting a Protection Order, involving the Ministry for Children – Oranga Tamariki or the Police, or changing your care arrangements.  Give us a call for more information.

When can I leave home?

You can leave home without your parents’ or guardians’ consent at the age of 16. However, if the police think you are “at risk” because you are, for example, mixing with the wrong people or becoming involved in crime, they might intervene and organise a Family Group Conference or take you home. Usually, the police do not get involved if a young person has a safe place to live and can financially support themself.

If your parents are worried, they can apply to the Family Court to put you under the guardianship of the court, meaning the court can make major decisions for you until you are 18. Even if this happens, the court will only make decisions about where you live if there are very good reasons for doing so.

Until you reach the age of 18, your parents remain your legal guardians. If your parents think that you lack the maturity and judgement to live away from home (for example, if you are mentally impaired), they can apply to the Family Court for a warrant. This warrant gives the parents the right to give you day-to-day care.

I’m under 16 years old, can I leave home?

Your parents or guardians are legally responsible for you until you are 18 years old. While you are under 16 years, you can only leave home if your parents agree, and they have made good arrangements for your care, such as a safe place to live, clothing, food, education and medical care.

If you are abused or neglected, you can call the police on 111. You can also call Oranga Tamariki (OT), who might take over your care until you turn 17 if they think you are in an unsafe environment.

If you are unsure, contact us and we might be able to advise you on your situation.

If I leave home, what do I need to know before leaving?

Leaving home means more independence and more freedom, but it also means more responsibilities and it can be expensive and lonely. This is why planning is so important — ‘crashing’ on a friend’s floor can only be a short-term option. This would not be comfortable or private, and if you overstay your welcome or don’t pay your way it could mean the end of your friendship. Make sure you discuss your plans with any friend and their friend’s family before moving in with them.

Save enough before you leave to set yourself up, so that you won’t find yourself in a difficult financial situation and need to find another living arrangement.

How much money do I need to prepare before I leave home?

You will money for board or rent, bond, power, phone, food, and travel costs. Decide when, how, and with whom you will stay, and what your long-term accommodation plan is, so that you won’t get caught out without enough money.

If you do not have a job or money, you will need to check whether you can claim any benefits before leaving. You can contact your local Work and Income (WINZ) office to see what you are entitled to before leaving. It is not a good plan to wing it, as that could leave you homeless. If you would like some advice, contact us.

What can I take with me when I leave home?

You can take:

• your personal clothing and accessories,
• anything you have bought with your own money,
• anything bought especially for you for example, a bike you received as a gift
• any personal documents, for example your passport, drivers licence and birth certificate;
• any hire purchase or layby items in your name; and
• Anything else your parents/guardians have agreed you can take

You cannot take:

• any property that is owned by your parents, another family member or anyone else; or
• anything attached to or built into your parents’/guardians’ house, for example fitted carpets or built-in furniture.

Grey areas
The law is unclear about whether you can take some types of property, for example furniture in your bedroom, pillows, sheets, and blankets. If you cannot agree with your parents on what you can take, you could make a claim at the Disputes Tribunal, who can make a decision (for a fee) about whether you own the property that you want to take.