37Care, supervision or authority

37 Care, supervision or authority

(1) Without limiting the circumstances in which a child is under the care, supervision or authority of a person, a person (A) has a child (B) under their care, supervision or authority if A is—

(a) B's parent or step-parent; or

(b) B's teacher; or

(c) B's employer; or

(d) B's youth worker; or

(e) B's sports coach; or

(f) B's counsellor; or

(g) B's health professional; or

(h) a person who has parental responsibility (within the meaning of the Children, Youth and Families Act 2005) for B; or

(i) a religious or spiritual guide, or a leader or official (including a lay member) of a church or religious body, however any such guide, leader, official, church or body is described, who provides care, advice or instruction to B or has authority over B; or

S. 37(1)(j) amended by No. 17/2023 s. 59.

(j) an out of home carer (within the meaning given by section 161A of the Children, Youth and Families Act 2005) of B; or

(k) a police officer acting in the course of their duty in respect of B; or

(l) employed in, or providing services in, a remand centre, youth residential centre, youth justice centre or prison and is acting in the course of their duty in respect of B.

parent includes—

(a) a parent by operation of the Adoption Act 1984; and

(b) a parent by operation of the Status of Children Act 1974;

step-parent, in relation to a person, includes the spouse or domestic partner of the person's parent.

S. 37AAA inserted by No. 57/2007 s. 4, repealed by No. 74/2014 s. 7(3).

S. 37AA inserted by No. 57/2007 s. 4, repealed by No. 74/2014 s. 7(3).

S. 37A (Heading) amended by No. 38/2022 s. 6(1).

S. 37A inserted by No. 2/2006 s. 5.