Child/Care & Protection

Question 1

What’s the age of a Child & a Young person in the Oranga Tamariki Act 1989?

Answer 1

0-13 child
14-17 young person
18 & 18+ adult

Question 2

What’s the “paramount principle” in section 4A(1) of the Act

Answer 2

“In all matters relating to the administration or application of this Act (other than the youth justice parts of the Act),

the well-being and best interests of the child or young person are the first and paramount consideration,

having regard to the principles set out in sections 5 and 13”.

Question 3

（OTA 1989）Section 14(1) identifies situations where children and young people may be
IN NEED OF CARE AND PROTECTION…

Answer 3

1. CYP is suffering or likely to suffer serious harm as described in S14AA…
   Parents/Guardians unable to care for them
2. Legal technical matters pertaining to subsequent children
3. CYP acting in such a way they are harming themselves or parents can’t control them
4. Child 10 – 14 yrs committing serious or multiple offences

Question 4

(OTA1989) S39 Place of Safety Warrant

Answer 4

Apply to court by police/OT to

remove children from home when have RG to suspect cyp

suffering/likely to suffer ill treatment etc…..

Question 5

(OTA1989) S40 Warrant to remove the child

Answer 5

AFTER CARE & PROTECTION ORDER 保护令 made,

OT/Police may apply and execute执行

You won’t seek these but you may help execute

Question 6

(OTA1989) S42 Search Without Warrant

Answer 6

Any Constable believes on RG that it is CRITICALLY NECESSARY 严重必要去
to protect a child or young person from INJURY/DEATH may ENTER/SEARCH 进入/搜查 (by force if need)
House/building/plane/ship/carriage/vehicle/premises/place
REMOVE/DETAIN CYP带走/拘留 (by force if needed) and DELIVER to OT 最终送去OT

Question 7

(OTA1989) Section 42 Search Without Warrant You Must…?

Answer 7

1. Produce ID on entry
2. State power of entry (S42 Oranga Tamariki Act 1989)

3.1 Law: Within THREE days, inform Commissioner of the use of the power

3.2 but Police Policy – Commissioner to be informed PRIOR TO (BEFORE) ending that shift

If not critically urgent, then refer to YAS (Youth Aid Service) for Place of Safety Warrant.

Question 8

(OTA1989) Section 48 CYP Found Unaccompanied

Answer 8

Found (Any Place) unaccompanied by Parent/Guardian/Caregiver看护者

In situation where their Physical/Mental Health is being or likely to be impaired

You may (with force if necessary): take into custody and deliver to

With consent - deliver them to Parents/Guardian.

No Consent - place in Oranga Tamariki care
只是为了安全因素，不必要一定带去监狱或警局。
注意需要BoR.

Question 9

When using a detention power under the
Care & Protection provisions of the Act, you must:

Answer 9

Inform the CYP of their rights pursuant to
Bill of Rights Act 1990 Section 23,

andS218 OT Act
You must explain their rights in a language and manner appropriate to their age and understanding.

Question 10

S10B SOA 1981 Child Left Unaccompanied

Answer 10

1. Parent/Guardian/Caregiver has care child under 14yrs(0-13)
2. Leaves child
3. without reasonable provision提供
   for supervision/care
4. For a time or under conditions that are unreasonable IN THE CIRCUMSTANCES
   家长/监护人/照顾者曾照顾14岁以下儿童(0-13岁)
   离开孩子没有提供合理的监督/照顾服务
   在不合理的时间或条件下
   （孩子的年龄，离开的时间，父母位置…）

Question 11

When using a detention power under the
Care & Protection provisions of the Act,
S218 OT Act means？

Answer 11

You must explain their rights in a language and manner appropriate to their age and understanding.

Question 12

What must you have reasonable grounds to believe before you can enter the house?

Answer 12

CRITICALLY NECESSARY to protect a child or young person from injury or death

Question 13

(OTA1989) S42 Search Without Warrant
What five actions does this power allow you to do?

Answer 13

1 ENTER and
2 SEARCH the house
3 REMOVE or
4 DETAIN (by force if necessary)
5 PLACE on the care of Oranga Tamariki.

Question 14

What Act and section deal with ‘Place of Safety’ warrants?

Answer 14

Oranga Tamariki Act 1989 SECTION 39

Question 15

Search & Surveillance Act 2012 – Emergency Power to Enter Research section 14

Answer 15

Section 14 may also be used where you have reasonable grounds（RG） to suspect
there is a risk to the life or safety of any person
that requires emergency response.

Question 16

The Role of the Police in Care and Protection

Answer 16

Is to investigate the allegation指控, in co-operation 与OT合作 with the Oranga Tamariki, Ministry for Children（儿童事务部）

Question 17

What are the responsibilities of the OT?

Answer 17

Any care and protection decisions that arise are the responsibility of Oranga Tamarik.

Question 18

Where allegations透露出 of child abuse are made to the police, what should police do?

Answer 18

The Oranga Tamariki 《Serious Abuse Team (SAT)》 should be notified

Question 19

Where any disclosuret透露出 of child abuse is made to OT, what should OT do?

Answer 19

Police should be notified

Question 20

When a report of child abuse is received, what are the Police Child Protection Teams (CPT) responsible for?

Answer 20

CPT is responsible for ensuring that the case is promptly reported to Oranga Tamariki.

Question 21

Who will determine who will conduct the necessary child interviews?

Answer 21

Members of the investigation team (CPT and SAT)

Question 22

The 4 Principles of Removing Children and Young Persons from Home:

Answer 22

The following principles apply:
* Children and young persons should be removed from home only 万不得已 as a last resort.
* If, in order to protect the child from further abuse, the choice is whether the alleged offender or the child leaves the home, the alleged offender should be removed, wherever possible. 罪犯走，孩子留下
* If police remove the adult offender, orders must be put in place to protect the child or young person. 罪犯走后，下保护令
* A child or young person cannot be removed from the home unless there is a serious risk of harm to the child or young person (s13(2)(g)).

以下原则适用:
1. 只有在万不得已的情况下才应将儿童和青少年从家中带走。
2. 如果为了保护儿童免受进一步的虐待，选择是被指控的罪犯还是儿童离开家，则应尽可能将被指控的罪犯带走。
3. 如果警察带走了成年罪犯，必须下令保护儿童或青少年。
4. 除非儿童或青少年存在严重的伤害风险，否则不得将其从家中带走(第13(2)(g)条)。

Question 23

Power is available anywhere. Section 48
1. Does CYP have to be found in public?
2. Does it has to be the police find the CYP?

Answer 23

1. Section 48 could be applied in “home alone” cases or in party situations.
2. Situations may occur when a member of the public alerts the Police to such matters.

Question 24

The case of Ruissen v Minister of Police (1990) 6 CRNZ 488 decided that…

Answer 24

Section 48 should be used only in serious circumstances