CM03/CM05 Oranga Tamariki Act 1989 Flashcards
What does Section 42 of the Oranga Tamariki Act 1989 refer to?
Search without warrant
Any constable who believes on reasonable grounds that it is critically necessary to prevent a child or young person from injury or death may;
Enter and search, by force if necessary, any premise, dwelling , vehicle etc.
Remove or detain, by force if necessary, any child or young person and place into custody of the chief executive.
What must you do when exercising Section 42 of the Oranga Tamariki Act 1989?
Show proof of identity
Explain you are exercising the powers under Section 42
What does section 48 of the Oranga Tamariki Act 1989 refer to?
Unaccompanied Children or Young People
If a constable finds a child or young person unaccompanied by their usual caregiver and their mental or physical health being or likely to be impaired, then they can take the child or young person and either;
deliver the child or young person home to their usual caregiver, with the child or young persons consent.
If the child or young person does not consent to going there or the caregivers refuse to take the child or young person back then the Police can deliver the child or young person to the care of the chief executive.
What does section 214 of the Oranga Tamariki Act refer to?
Arresting a child or young person without warrant.
In what three circumstances may a child be arrested without warrant?
To ensure the child or young persons appearance in court.
To prevent from other offences being committed.
To prevent evidence being lost or destroyed, or witnesses to the offence being interfered with.
What are the two exceptions to subsection 1 of section 214 of the Oranga Tamariki Act 1989?
If a the child or young person has committed a category 3 or 4 offence, where the max penalty is 14 years imprisonment or life imprisonment.
if the constable believes on reasonable grounds it is in the publics best interest for the child or young person is arrested.
What is the definition of a child under the OTA 1989?
under 14 years old.
What is the definition of a young person under the OTA 1989?
14-17 years old
What does Section 4 of the OTA 1989 outline?
The well-being and best interests of the child or young person are the first and paramount consideration.
What are the four principles when considering the removal of a child or young person from a home?
Children and young people should be removed from home only as a last resort.
In order to protect the child from further abuse, if the choice is between the child leaving the house or the offender leaving the house, the offender should be removed.
If the adult offender is removed by Police, then orders should be put in place to protect the child or young person.
A child or young person cannot be removed from the home unless there is serious risk of injury or death.
What are the two main sections of the Oranga Tamariki Act 1989?
Care and protection.
Youth Justice.
What does Section 39 of the OTA refer to?
A place of safety warrant.
A warrant used by Oranga Tamariki to remove a child from a home. Police are usually tasked to protect Oranga Tamiriki staff when serving these warrants.
What does Section 10B of the Summary of Offences Act 1981 refer to?
Illegal to leave a child under 14 alone by themselves without suitable provisions or supervision.
What does Section 40 of the Oranga Tamariki Act 1989 refer to?
Warrant to remove child or young person.
When dealing with a child or young person who has committed an offence, what are the three options?
Warn them and refer to youth aid services.
Report them to youth aid services with a view for further action.
Arrest them, provided you comply with section 214 OTA 1989.
