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Legal
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Issues to do with the law can be confusing and, at times, distressing. When children and young people are facing problems to do with the law, it is important to seek qualified legal advice. YouthLaw is a dedicated provider of specialty children's and young people's legal advice to the public. The team of lawyers at YouthLaw work closely with community organisations all over New Zealand and are able to offer free advice over the phone on (09) 309 6967 (to avoid toll charges, you are able to make this a reverse-charge call by dialling 010 first and following the instructions) or by email info@youthlaw.co.nz.
On this page, you will find information on:
Family Court
Going through the Family Court can be difficult for all concerned, especially children. If you need advice on how the Family Court works then you can contact your lawyer, the Family Court Co-ordinator, or visit the Family Court's website.
The Office of the Children's Commissioner is not permitted, under section 12(1)(f) of the Children's Commissioner Act 2003, to become involved in any matter before the Court. If you contact the Office of the Children's Commissioner with an inquiry about the Family Court, we can advise you of the most appropriate support agencies you may approach, but we are unable to help you in any other way.
Download the Office of the Children's Commissioner's fact sheet on the Family Court (PDF, 66.8 kB).
Taking children out of the country
New Zealand is a signatory to the Hague Convention. This convention seeks to protect children from the harmful effects of being taken and kept in another country by providing a procedure to bring about their prompt return. Visit the Family Court's explanation about the Hague Convention.
Legal ages
| Age... |
At this age children... |
| 6 | - | are required to be enrolled in and attend school (though can start school earlier, at five) |
| 10 | - | can be prosecuted for murder or manslaughter |
| 12 | - | are able to swear an oath if giving evidence in court (children younger than this must only promise to tell the truth in court) |
| 14 | - | can be left alone without an adult looking after them |
| - | are able to babysit for younger children but only if capable of reasonable supervision and care | |
| - | can be prosecuted for any criminal offence | |
| 15 | - | can sit a driving test and obtain a learner's driver's licence |
| 16 | - | can leave home without parents' consent (but until 17, Child, Youth and Family can send the child home if they believe they are at risk) |
| - | can get married or enter into a civil union with parents' consent | |
| - | can (usually) decide which parent to live with if parents are separated, and decide whether to visit the other | |
| - | can not be made to undergo treatment for mental disorders without their consent, unless under a compulsory treatment order | |
| - | may be eligible for certain kinds of benefit assistance, e.g. Independent Youth Benefit, Invalids Benefit | |
| - | can leave school or be expelled from school (excluded if younger than 16) | |
| - | can start full-time work and earn minimum wage (after a period of probation for 16 and 17 year olds) | |
| - | can legally consent to sexual intercourse | |
| 17 | - | are heard in the District Court rather than the Youth Court if charged with a criminal offence |
| 18 | - | can be legally independent of their parents' guardianship |
| - | can be employed in a position which offers minimum wage | |
| - | can open a cheque account, borrow money, or apply for a credit card (subject to different banks' rules) | |
| - | are no longer protected by the United Nations Convention on the Rights of the Child | |
| - | can vote in local body and general elections, and can stand as a candidate for election | |
| - | are able to purchase and consume alcohol and cigarettes | |
| - | can enter into contracts | |
| 20 | - | are legally classed as an adult, with full capacity to make their own decisions |
New Zealand's child discipline law
EPOCH and Barnardos New Zealand have produced a fact sheet on what the child discipline law means for families. Download the child discipline law fact sheet (PDF, 512 kB).
In 2007, 113 politicians from most political parties voted to pass the Crimes (Substituted Section 59) Amendment Act. This law removed the statutory defence under the old section 59 of the Crimes Act 1961. The amendment gives children the same status as adults in cases of assault. It sets a standard congruent with positive parenting messages. Read more about New Zealand's child discipline law...