Your Rights
When you’re in care and living away from your family, it can be confusing if you don’t know about your rights and entitlements. Whoever is looking after you, should be giving you more than just a bed and food. They should make you feel safe and welcome, and they should be caring for you and treating you well.
New Zealand Law has same basic standards or rules that your caregivers need to follow to make sure that you’re safe when you’re in care. Standards that should be followed while you’re in care.
Your rights when you're in care:
- 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 you think that some of these standards are not being met in your placement, you should let your social worker know, or a VOYCE Kaiwhakamana can help you speak up about this.
It’s 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 that’s going on for you, here are our tips on doing that.
Talk to a trusted person – someone who’s got your back. You could text them first if you feel bad saying what’s happened out loud. You can talk to someone at VOYCE, or you could also talk to:
YouthLaw
Free legal advice for rangatahi from lawyers
0800 884 529 – info@youthlaw.co.nz
Writing it down means you don’t have to keep it all in your head and it’s easier to share with others when you’re ready.
Here’s some ideas 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’s a safe way to try.
Some ideas on how you can do this:
- Have a chat in person or over the phone
- Write a letter or email
- Ask someone to give feedback for you
If you’re 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 here: https://www.orangatamariki.govt.nz/about-us/contact-us/feedback/
- Call them for FREE on 0508 326 459
- Email contact@ot.govt.nz
Is your complaint about a youth justice or care and protection residence?
Ask for a grievance form from any staff member, fill it out and put it in the secure box at the residence.
If you’re unhappy with how Oranga Tamariki handles your complaint, email the Chief Executive’s Advisory Panel for Complaints: review_secretiat@ot.govt.nz
If you feel like you’re not being listened to, you can take your complaint further. Is it about….
- A social worker?
Try the Social Worker’s Registration Board
0508 797 269 office@swrb.govt.nz - Oranga Tamariki?
Try the Office of the Children’s Commissioner
0800 224 453 advice@occ.org.nz - Youth Justice/Care and Protection Residence?
Try the Office of Children’s Commissioner
0800 224 453 advice@occ.org.nz - Any Government Department?
Try the Office of the Ombudsman
0800 802 602 info@ombudsman.parliament.nz - The NZ Police?
Try the Independent Police Authority
0800 503 728 info@ipca.govt.nz - A Court Judge?
Try the Judicial Conduct Commissioner
0800 800 323 iudicialconduct@jcc.govt.nz - A Lawyer?
Try the Lawyers Complaint Service
0800 261 801 complaints@lawsociety.org.nz - An Adult Prison?
Try the Office of Inspectorate
0800 225 697 inspectorate@corrections.govt.nz - A Doctor, Nurse or Health Provider?
Try the Health and Disability Commissioner
0800 11 22 33 hdc@hdc.org.nz - Is your complaint about specific issues? Or did it happen a while ago? See below:
- Discrimination or abuse of your rights?
Contact the Human Rights Commission
0800 496 877 infoline@hrc.co.nz - A breach of your privacy?
Contact the Office of the Privacy Commissioner
0800 803 909 enquires@privacy.org.nz - Harm while in state care before 2017?
Make a claim with the Ministry of Social Development
0800 631 127 historicclaims@msd.govt.nz - Harm while in state care after 2017?
Make a claim with Oranga Tamariki
0508 326 459 contact@ot.govt.nz - Harm while in state or faith-based care?
Share your story with The Royal Commission
0800 222 727 contact@abuseincare.org.nz - If you’re in immediate danger, please contact Police on 111
If you or another young person is being hurt or feels unsafe, contact Oranga Tamariki on 0508 326 459 or contact@ot.govt.nz