What you should expect
More than a place to live
Everyone looking after you should do more than provide a place to live and food to eat. You have the right to feel safe, respected, supported, and welcomed. The people caring for you should treat you well, listen to you, and help you thrive.
In Aotearoa New Zealand, there are laws and care standards that set out how children and young people in care should be supported and protected. These standards help make sure you are safe, your needs are met, and your rights are respected while you're in care.
Understanding your rights can help you feel more confident about speaking up, asking questions, and getting the support you need.
Your rights
Your Rights When in Care
While you are in care you have the right to:
- Know why you're in care and live in a home with respect, trust and care
- Be safe from harm including mental, physical, verbal and sexual abuse
- Have a say in decisions about you and be informed about what's happening and why
- Have contact with people important to you and know why if you can't
- Get things like clothes, pocket money, toys and books and know that you can ask how to get them
- Have things of your own, privacy and reasonable freedom
- Get support to understand your culture, religion, language and things that are important to you
- See what's written about you, know who has this information and if you can't see it, be told why
- Get help to manage and understand your feelings
- Get the right healthcare so you're as healthy as can be
- Go to school and have help with your homework
- Build skills, knowledge and experience to help you become independent
- Have trusted adults who will listen to you
- Tell someone if you feel you're not being listened to or getting the support you need
If it doesn't feel right
You have the right to be safe, respected, and well supported in your care placement. If you feel that any of these standards are not being met, a VOYCE Kaiwhakamana can help you understand your options, speak up about what is happening, and get the support you need.
If something is wrong
Making a complaint
It is okay to have your say, and to let adults know when things are not working out. If you would like to make a complaint about something going on for you, here are our tips on doing that.
Talk to a trusted person, someone who has got your back. You could text them first if you feel bad saying what has happened out loud. You can talk to someone at VOYCE, or you could also talk to YouthLaw, who give free legal advice to rangatahi from real lawyers.
Writing it down means you do not have to keep it all in your head, and it is easier to share with others when you are ready. Some ideas of what to write down:
- What is your complaint about?
- Any dates or times you can remember?
- Any names and contact details of people involved?
- What happened? Who did or said what?
- How did this impact you or make you feel?
- What do you want or need to happen to fix the situation?
- What are you being told at each step of the complaints process?
Even though it can be hard, try giving feedback straight to the person the complaint is about. Talk to your support person about whether there is a safe way to try. Some ideas on how:
- Have a chat in person or over the phone
- Write a letter or email
- Ask someone to give feedback for you
If you are unhappy with how your feedback has been answered, or you want to make a formal complaint, work with your trusted person to follow the organisation's complaint process.
Is your complaint about Oranga Tamariki? Fill out their online form, call them free on 0508 326 459, or email contact@ot.govt.nz.
Is it about a youth justice or care and protection residence? Ask any staff member for a grievance form, fill it out and put it in the secure box at the residence.
If you are unhappy with how Oranga Tamariki handles your complaint, you can email their Chief Executive's Advisory Panel for Complaints.
If you feel like you are not being listened to, you can take your complaint further. Who you go to depends on what the complaint is about, and the organisations below cover most of it.
If you are in immediate danger, contact the Police on 111. If you or another young person is being hurt or feels unsafe, contact Oranga Tamariki on 0508 326 459.
Who else can help
Taking it further
Who you go to depends on what your complaint is about. Every one of these is free to contact.
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YouthLaw
Complaints LegalFree legal advice for rangatahi under 25, from real lawyers. They can help with rights in care, complaints, and more.
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MSD Historic Claims (abuse before 1 April 2017)
Complaints Financial SupportIf you experienced abuse while in the care of Child, Youth and Family or its predecessor agencies before 1 April 2017, you can make a claim with MSD. More info at msd.govt.nz/historic-claims.
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Oranga Tamariki Claims (abuse on or after 1 April 2017)
Complaints Financial SupportIf you experienced abuse in care on or after 1 April 2017, contact Oranga Tamariki directly through your social worker or on 0508 326 459.
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Social Workers Registration Board
ComplaintsIf your complaint is about a social worker.
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Office of the Children's Commissioner
ComplaintsIf your complaint is about Oranga Tamariki, or about a youth justice or care and protection residence.
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Office of the Ombudsman
ComplaintsIf your complaint is about any government department.
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Independent Police Conduct Authority
ComplaintsIf your complaint is about the New Zealand Police.
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Judicial Conduct Commissioner
ComplaintsIf your complaint is about a court judge.
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Lawyers Complaints Service
ComplaintsIf your complaint is about a lawyer.
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Office of the Inspectorate
ComplaintsIf your complaint is about an adult prison.
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Health and Disability Commissioner
ComplaintsIf your complaint is about a doctor, nurse or health provider.
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Human Rights Commission
ComplaintsIf you have been discriminated against, or your rights have been abused.
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Office of the Privacy Commissioner
ComplaintsIf your privacy has been breached.
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Royal Commission: Abuse in Care
ComplaintsIf you were harmed while in state or faith-based care, you can share your story.
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