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Section 47 report to the Children's Commissioner

Updated: 26 November 2019

Where a mokopuna is placed in the custody of the chief executive under section 39, 40 or 42 of the Oranga Tamariki Act 1989, and is released within five days from that custody, before being brought before the Court, a report is to be sent to the Children's Commissioner.

Section 47 of the Oranga Tamariki Act 1989 details the information required in the report.

A report is required even when a s139 temporary care agreement has been entered into following emergency action under one of the above sections as these agreements are not put before the Court.

The report is provided as soon as possible after the mokopuna leaves custody.

A report relating to the use of s42 is completed by the Police, and Oranga Tamariki provides the Police with the information required by s47, particularly focusing on the reason for returning the mokopuna to their parents’ care or entering into a s139 temporary care agreement.

The report is signed off by the Supervisor. Remember that this is a report to a key stakeholder so it is important that it is professional and addresses the safety of the mokopuna and your rationale for decisions.