Your Rights

Smacking, Neglect and Abuse

This page has information about the care and protection of children and young people in New Zealand. Our focus is on what can happen when a child or young person is reported as being unsafe. New Zealand law defines a child as anyone under 14 years of age, and a young person as anyone of or over 14, but under 18, years of age.

If you are experiencing violence or bullying at home, please call 111 if you are in danger, or if you are not in danger, go to our domestic violence page or contact us. Please also contact us if you need help understanding or working through any of this information.

Can my parent or guardian smack me?

In most situations, it is illegal for a parent or guardian to smack or use force against their child to discipline them or correct their behaviour. Repeatedly using force against a child or young person for discipline or correction could be considered domestic violence. However, there are some limited circumstances where the law allows a parent to use reasonable force against their child.

Are there times where a parent may hit their child?

The limited situations where a parent or guardian may use reasonable force against a child or young person include:

• Preventing or minimising harm to the child or another person;
• Preventing the child from doing a criminal offence;
• Preventing the child from offensive or disruptive behaviour; and
• Doing the normal daily tasks relating to good care and parenting.

What can I do if I feel unsafe at home?

If you feel unsafe, you should call the Police on 111 and/or a trusted adult that you feel safe talking to, if you know someone. You can also call Oranga Tamariki (OT) on 0508 FAMILY (0508 326 459), but you will want to think carefully before calling them, because you will not have much control over where you will live once OT gets involved. However, if they get involved, they must provide you with a safe living environment.

You can also call free helplines such as YouthLine on 0800 37 66 33 or What’s Up on 0800 WHATSUP (0800 9428787).

Will my parents get in trouble if I call the police about them?

If the police get involved, they can choose whether to give a child or young person’s parents or guardians a criminal charge for using force to correct or discipline them. If they did something small, they might choose to not give them a criminal charge. However, as mentioned earlier, parents and guardians are not legally allowed to use force to correct or discipline their children. If the police charge a parent or guardian, they might be found guilty of a crime. The child or young person might also be placed under the care of Oranga Tamariki. However, your safety is always the most important, so we recommend calling the police if you are unsafe.

I’m being abused at home, will the government provide me with care and protection?

The government will provide care and support for you as a child in some situations. Some of the reasons are if:

• You are suffering from physical harm e.g. being hit by parents;
• You are suffering from emotional harm e.g. being told constantly that you are worthless;
• You are suffering from sexual harm e.g. incest or unwanted touching by a family member;
• You are suffering from serious deprivation e.g. not being provided with food, clothing or shelter on an ongoing and serious basis;
• A child has committed a serious crime, and the nature of this offending gives the government serious concern for the child’s wellbeing;
• The parents are unwilling/unable to care for a child or young person.

What are some signs of child abuse?

Other than a child or young person telling someone that they are being abused or neglected, some of the signs are:

• A child exhibits seriously inappropriate behaviour (for example, violence, inappropriate sexual words and actions, or constant rule-breaking);
• There is a pattern of injuries that the child is not willing to talk about;
• The child appears distressed or depressed without obvious reasons;
• The child seems afraid of their parents or caregivers;
• The child draws dark drawings or has dark thoughts.

If you have concerns about the well-being of a child or young person, you should take action.

What is Oranga Tamariki (OT) – the Ministry for Children?

OT is the government department that replaced Child, Youth and Family Services (CYFs). OT is responsible for working with the families of children and young people who may need care and protection from someone other than their parents or guardians. The police and courts also play important roles.

Can Oranga Tamariki remove me from my home?

Oranga Tamariki (OT) or the police can remove you (the young person) from your home if they think you’re in danger or in an unsafe environment.  In most situations, they need permission from a court before they remove someone. However, if they think that there is a risk that the person will get injured or die, they can come into their home and remove them without the court’s permission.

What should I do if I think a child or young person is abused or neglected at home?

If you believe any child or young person has been, or is likely to be, harmed, ill-treated, abused (which could be physical, emotional or sexual abuse), neglected, or deprived, or have concerns about their well-being, you can report the situation to Oranga Tamariki (OT) or the police. This report is called a ‘notification’. If you or someone else is being harmed, you can call OT on 0508 FAMILY (0508 326 459).

When do I have to report child abuse?

If a parent or adult (18 years or over) is aware of a child or young person (under the age of 18) in their household being at risk of death, serious harm or sexual assault caused by someone else, they must take reasonable steps to protect them. Staff members of hospitals, institutions or residences where a child is living also have this responsibility. If any of these people fail to take reasonable steps to protect the child or young person, they could face serious criminal charges.

Also, the parents and guardians of children under 18 years old are responsible to take reasonable steps to protect them from injury. Registered teachers must promote the wellbeing of learners and protect them from harm. This might not require reporting to Oranga Tamariki or the police, but schools should have good processes involving escalation, transparency, and clear steps for teachers to take when they suspect abuse.

What happens if I report child abuse?

When Oranga Tamariki (OT) gets a notification, they have to investigate it.  The person who made the report will be told the result of the investigation, and what action OT will be taking. You won’t get in trouble for reporting abuse in good faith. An example of bad faith would be reporting somebody who you don’t think is abusing or neglecting a child, just to get them in trouble.

What sort of investigation is done after I report child abuse?

After a notification about a child or young person is made, a social worker or police officer must gather information and investigate the situation. Usually, it will be an Oranga Tamariki (OT) social worker who does this. As part of the investigation, the social worker may talk to people at the child or young person’s school, other family members, their doctor, and the child or young person themselves. The social worker can also apply to the Family Court, asking that the child receives a medical examination.

Does Oranga Tamariki need to tell my parents if they talk to me?

If Oranga Tamariki (OT) wants to interview you as the child or young person, they can do this without telling your parents. However, if a child or young person is being interviewed by OT, they can ask for a trusted adult to be with them and OT will allow this.

What happens after an Oranga Tamariki (OT) investigation?

After the investigation, if the social worker doesn’t have good reasons to think that the child or young person needs care and protection, they will close the case. However, if the social worker does have good reasons to think the child or young person is not in a safe environment, several things could happen, depending on what the social worker thinks is needed. They might move them in with another family member permanently, or to a home (which can include a foster home) where they think they will be safe.

When will a Court allow Oranga Tamariki (OT) to remove me?

A Court will grant a warrant for OT to remove a child or young person from their home if it thinks that they are suffering or likely to suffer from abuse or neglect, or if they are likely to harm themselves, other people, or property.

What happens if I go into Oranga Tamariki (OT) care?

Once you are removed from your home, you go into the care of Oranga Tamariki (OT).  An OT social worker may then place you into the care of another adult. Where possible, this will be another parent, a previous caregiver, or a whānau member.  If OT thinks there is no familiar person to look after you, you will be placed in foster care or an OT residence.

How many days can I be held in an Oranga Tamariki residence for?

If a child or young person is kept in an Oranga Tamariki (OT) residence for five days, OT must go to the Family Court. The Family Court will decide whether the child or young person should be released, or cared for by a particular person. The child or young person’s parents or guardians can apply to see them or their other children during this time, or for them and/or their siblings to be released from OT care.

Who do I contact to get some help if I’m abused?

If something bad happens to you and you don’t know who can help:

• If it is an emergency, call the police on 111;
• If you have a youth advocate or lawyer, you can contact them;
• You can contact YouthLaw;
• You can contact the Office of the Children’s Commissioner; or
• You can contact the Ministry for Children – Oranga Tamariki (OT) (but you will want to think carefully first because you will not have much control over where you will live once OT gets involved).