CPK Flashcards
Oranga Tamariki Act 1989
Age of Child
Under 14 years
Oranga Tamariki Act 1989
Age of Young Person
Over 14 years and under 18 years
Section 39 - Place of Safety Warrants
Place of safety warrants
(1) Any District Court Judge or, if no District Court Judge is available, any issuing officer who, on application in writing, is satisfied that there are reasonable grounds for suspecting that a CYP is suffering, or is likely to suffer, ill-treatment, neglect, deprivation, abuse, or harm may issue a warrant authorising any constable, either by name or generally, or the chief executive, to search for the child or young person.
(3) Any person executing a warrant to search for any child or young person may—
(a) enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
(b) if that person believes, on reasonable grounds, that the child or young person has suffered, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm,—
(i) remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive; or
(ii) where the child or young person is in a hospital, direct the medical superintendent of that hospital to keep that child or young person in that hospital.
Section 42 - Search Without Warrant
Search without warrant
(1) Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,—
(a) enter and search, by force if necessary, any dwellinghouse etc.
(b) remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive.
(2) Every constable who exercises any powers shall, on first entering any dwellinghouse etc. and if requested, at any subsequent time,—
(a) produce evidence of identity; and
(b) disclose that those powers are being exercised under this section.
(3) A constable who exercises the power shall, within 3 days after the day on which the power is exercised, forward to the Commissioner report on the exercise of the power and the circumstances in which it came to be exercised.
Section 48 - Unaccompanied CYP
Unaccompanied children and young persons
(1) Where a CYP is found unaccompanied by a parent or guardian or other person who usually has the care of the CYP in a situation in which the CYP’s physical or mental health is being, or is likely to be, impaired, a constable may, using such force as may reasonably be necessary, take the CYP and—
(a) with the consent of the CYP, deliver the CYP into the custody of a parent or guardian or other person usually having the care of the CP; or
(b) if—
(i) the CYP does not wish to be returned to a parent or guardian or other person having care of the CYP; or
(ii) no parent or guardian or other such person is willing or able to have custody of the CYP,—
place the CYP in the custody of the the chief executive by delivering the CYP to a social worker.
(2) Placement of a CYP in the custody of the chief executive shall be sufficient authority for the detention of the CYP by the delegate or in a residence under this Act until—
(a) the CYP agrees to being returned to a parent or guardian or other person usually having the care of the child or young person who is willing to have them; or
(b) an application is made to the court for a care or protection order and the CYP is brought before the court for the purpose of determining whether the CYP is to be held in custody pending the disposal of the application; or
(c) where the circumstances of the case indicate that the CYP is, or may be, in need of care or protection, the expiry of 5 days after the day on which the CYP was placed in custody, or in any other case, 3 days after that date—
whichever first occurs.
Section 208 - Principles
In addition to the 4 primary considerations, the court or person must be guided by the following principles:
(a) that, unless the public interest requires otherwise, criminal proceedings should not be instituted against a child or young person if there is an alternative means of dealing with the matter:
(b) that criminal proceedings should not be instituted against a child or young person in order to provide any assistance or services needed to advance the well-being of the child or young person, or their family, whānau, hapū, or family group:
(c) that any measures for dealing with offending by children or young persons should be designed—
(i) to strengthen the family, whanau, hapu, iwi, and family group of the child or young person concerned; and
(ii) to foster the ability of families, whanau, hapu, iwi, and family groups to develop their own means of dealing with offending by their children and young persons:
(d) that a child or young person who commits an offence or is alleged to have committed an offence should be kept in the community so far as that is practicable and consonant with the need to ensure the safety of the public:
(e) that a child’s or young person’s age is a mitigating factor in determining—
(i) whether or not to impose sanctions in respect of offending by a child or young person; and
(ii) the nature of any such sanctions:
(f) that any sanctions imposed on a child or young person who commits an offence should—
(i) take the form most likely to maintain and promote the development of the child or young person within their family, whanau, hapu, and family group; and
(ii) take the least restrictive form that is appropriate in the circumstances:
(fa) that any measures for dealing with offending by a child or young person should so far as it is practicable to do so address the causes underlying the child’s or young person’s offending:
(g) that—
(i) in the determination of measures for dealing with offending by children or young persons, consideration should be given to the interests and views of any victims of the offending (for example, by encouraging the victims to participate in the processes under this Part for dealing with offending); and
(ii) any measures should have proper regard for the interests of any victims of the offending and the impact of the offending on them:
(h) that the vulnerability of children and young persons entitles a child or young person to special protection during any investigation relating to the commission or possible commission of an offence by that child or young person.
In relation to resolving offending;
(a) the principle that reasonable and practical measures or assistance should be taken or provided to support the child or young person to prevent or reduce offending or reoffending; and
(b) the principle that the child or young person should be referred to care, protection, or well-being services under this Act, if those services would be of benefit to them.
What are the 4 primary considerations?
(a) the well-being and best interests of the child or young person; and
(b) the public interest (which includes public safety); and
(c) the interests of any victim; and
(d) the accountability of the CYP for their behaviour
Section 214 - Arrest of CYP without warrant
Arrest of CYP without warrant
(1) Where, under any enactment, any enforcement officer has a power of arrest without warrant, that officer shall not arrest a CYP pursuant to that power unless that officer is satisfied, on reasonable grounds,—
(a) that it is necessary to arrest that CYP without warrant for the purpose of—
(i) ensuring the appearance of the CYP before the court; or
(ii) preventing that CYP from committing further offences; or
(iii) preventing the loss or destruction of evidence relating to an offence committed by the CYP or an offence that the enforcement officer has reasonable cause to suspect that CYP of having committed, or preventing interference with any witness in respect of any such offence; and
(b) where the CYP may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose.
When can Police arrest a CYP under any circumstances?
(a) the constable has reasonable cause to suspect that the CYP has committed a category 4 offence or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; and
(b) the constable believes, on reasonable grounds, that the arrest of the CYP is required in the public interest.
Every enforcement officer who arrests a child or young person without warrant shall, within 3 days of making the arrest, furnish a written report to …
(a) where that enforcement officer is a constable, to the Commissioner of Police:
Section 214 - Arrest of CYP in breach of bail conditions
Arrest of CYP in breach of bail condition
A constable may arrest a CYP without a warrant if—
(a) the CYP has been released on bail; and
(b) the constable believes, on RG, that—
(i) the CYP has breached a condition of that bail; and
(ii) the CYP has on 2 or more previous occasions breached a condition of that bail (whether or not the same condition).
Section 215 - CYP to be informed of rights before questioned by enforcement officer
Every enforcement officer shall, before questioning any CYP whom there are RGTS of having committed an offence, or before asking any CYP any question intended to obtain an admission of an offence, explain to that CYP—
(a) that the CYP may be arrested if, by refusing to give their name and address to the enforcement officer, the CYP cannot be served with a summons; and
(b) that the CYP is not obliged to accompany the enforcement officer to any place for the purpose of being questioned, and that if the CYP consents to do so, the CYP may withdraw consent at any time; and
(c) that the CYP is under no obligation to make or give any statement; and
(d) that if the CYP consents to make or give a statement, the CYP may withdraw that consent at any time; and
(e) that any statement made or given may be used in evidence in any proceedings; and
(f) that the CYP is entitled to consult with, and make or give any statement in the presence of, a barrister or solicitor and any person nominated by the CYP
Section 215A - Rights to be explained to CYP on request
where –
(a) Any enforcement officer is questioning any CYP in relation to that CYP’s involvement in the commission of any offence or suspected offence; and
(b) That CYP makes any enquiry of that enforcement officer, being an enquiry that relates (in whole or in part), or that may reasonably be taken as relating
(in whole or in part), to any of the matters set out in any of paragraphs (a) to (f) of section 215(1) of this Act, –
that enforcement officer shall explain to that CYP such of those matters as, in the circumstances of the particular case, are appropriate to the enquiry that was made.
Section 216 - Enforcement officer to explain rights to CYP who is charged with offence
Where –
(a) An enforcement officer is questioning a CYP in relation to the commission or possible commission of an offence by that CYP; and
(b) That enforcement officer [decides] to charge that CYP with an offence, –
the enforcement officer shall explain to that child or young person –
(c) Except where the CYP is under arrest, the matters specified in paragraphs (a) and (b) of section 215(1) of this Act; and
(d) The matters specified in paragraphs (c) to (f) of section 215(1) of this Act.
Section 217 – Rights to be explained to child or young
person who is arrested
Every enforcement officer shall, on arresting
any CYP pursuant to section 214 of this Act, explain to that CYP the matters specified in paragraphs (c) to (f) of section 215(1) of this Act.
Section 218 – Explanations to be given in manner and
language appropriate to age and level of understanding of child or young person
Every explanation required to be given to a CYP shall be given in a manner and in language that is appropriate to the age and level of understanding of the CYP
Section 219 – Explanations not required if child or young person already informed of rights
Nothing requires any explanation to be given to a CYP if the same explanation has been given to the CYP not earlier than 1 hour before the later explanation would, apart from this section, be required to be given.
Section 221 – Admissibility of statements made by children and young persons
(1) This section applies to –
(a) Every CYP who is being questioned
(b) Every child or young person –
(i) Who has been arrested or
(ii) Whom any enforcement officer has [decided] to charge with the commission of an offence; or
(iii) Who has been detained in the custody of an enforcement officer following arrest pursuant to section 214 of this Act
(2) No oral or written statement made or given to any enforcement officer by a CYP to whom this section applies is admissible in evidence in any proceedings
against that CYP for an offence unless –
(a) Before the statement was made or given, the enforcement officer has explained in a manner and in language that is appropriate to the age and level
of understanding of the child or young person, –
(i) Except when arrested, the matters specified in paragraphs (a) and (b) of section 215(1) and;
(ii) The matters specified in paragraphs (c) to (f) of section 215(1) of this Act; and
(b) Where the CYP wishes to consult with a barrister or solicitor and any person nominated by that CYP in accordance with section 222 of this Act, or either of those persons, before making or giving the statement, the CYP consults with those persons or, as the
case requires, that person; and
(c) The CYP makes or gives the statement in the presence of one or more of the following persons:
(i) A barrister or solicitor:
(ii) Any person nominated by the child or young person in accordance with section 222 of this Act:
(iii) Where the CYP refuses or fails to nominate any person in accordance with section 222 of this Act, –
(A) Any person referred to in paragraph (a) or paragraph (b) of section 222(1) of this Act; or
(B) Any other adult (not being an enforcement officer).
Section 222 – Persons who may be nominated for the purposes of section 221(2)(b) or (c)
A CYP may nominate one of the following persons for the purposes of section 221(2)(b) or (c) of this Act:
(a) A parent or guardian of the child or young person:
(b) An adult member of the family, whanau, or family group of the child or young person:
(c) Any other adult selected by the CYP:
(d) If the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c) of this subsection, any adult (not being an
enforcement officer) nominated for the purpose by an enforcement officer.
Duties of nominated person
(4) It is the duty of any person nominated pursuant to subsection (1) of this section –
(a) To take reasonable steps to ensure that the CYP understands the matters explained to the CYP under section 221(2)(a) of this Act; and
(b) To support the CYP –
(i) Before and during any questioning; and
(ii) If the child or young person agrees to make or give any statement,
during the making or giving of the statement.
When nominated person is not appropriate..?
(2) Where an enforcement officer believes, on reasonable grounds, that any person nominated by a CYP pursuant to subsection (1)(a) or (b) or (c) of
this section, –
(a) would attempt, or would be likely to attempt, to pervert the course of justice; or
(b) Cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances, –
that enforcement officer may refuse to allow the CYP to consult with that person.
(3) Where, pursuant to subsection (2) of this section, a CYP is not permitted to consult with a person nominated by that CYP pursuant to subsection (1) of this section, that CYP shall be permitted to consult with any other person nominated by that CYP pursuant to subsection (1) of this section.
Section 223 – Section 221 not to apply where statement made before requirements of that section can be met
Nothing in section 221 of this Act applies to an oral statement made by a CYP spontaneously and before enforcement officer has had a reasonable opportunity to comply with the requirements of that section.
Section 229 – Parents or guardians or other persons
to be informed where CYP at enforcement agency office for questioning in relation to commission or
possible commission of offence or is arrested
an enforcement officer shall, in relation to any CYP who is at an enforcement agency office for questioning
in relation to the commission or possible commission of an offence by that CYP, or who is at an enforcement agency office following arrest, as soon as practicable after the CYP arrives at the enforcement agency office
for questioning, or is taken to the enforcement agency office following arrest, or in the case of a CYP who is arrested at an enforcement agency office, is arrested, as the case may be, –
(a) Inform a person nominated by the CYP in accordance with section 231 of this Act that the CYP is at the enforcement agency office for questioning or has been arrested and that the CYP may be visited at the enforcement agency office; and
(b) Where –
(i) The person nominated by the CYP for the purposes of paragraph (a) of this subsection is not a parent or guardian or other person having the care of the child or young person; or
(ii) The child or young person refuses or fails to nominate any person in accordance with section 231 of this Act, – unless it is impracticable to do so, inform the parents or guardians or other persons having the care of the child or young person that the child or young person is at the enforcement agency office for questioning or has been arrested.
What can a parent/guardian informed of arrest of CYP do?
Every person who is informed that a CYP has been taken to an enforcement agency office or arrested –
(a) Is entitled to visit that CYP at the enforcement agency office; and
(b) Shall, as soon as practicable after that person arrives at the enforcement agency office to visit the child or young person, have explained to [that
person] by an enforcement officer, in language that can be understood by that person, the matters specified in paragraphs (c) to (f) of section 215(1) of this
Act; and
(c) Subject to subsection (3) of this section, is entitled to consult privately with that CYP during that visit.
(3) Nothing in subsection (2)(c) of this section entitles any person to consult privately with a CYP (being a child or young person who has been arrested) –
(a) In the absence of any enforcement officer who is for the time being guarding that CYP; or
(b) Otherwise than subject to such reasonable conditions as may be necessary to ensure the safety of the CYP or to prevent the commission of any offence.
Section 231 – Persons who may be nominated for
the purposes of section 229(1)(a)
A CYP may nominate one of the following persons for the purposes of section 229(1)(a) of this Act:
(a) A parent or guardian of the child or young person:
(b) An adult member of the family, whanau, or family group of the child or young person
(c) Any other adult selected by the child or young person:
(d) If the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c) of this subsection, any adult (not being an enforcement officer) nominated for the purpose by an
enforcement officer
Where an enforcement officer believes, on reasonable grounds, that any person nominated by a child or young person pursuant to subsection (1)(a) or (b) or (c) of this section, if permitted to visit the child or young person pursuant to section 229(2)(a) of this Act, would attempt, or would be likely to attempt, to pervert the
course of justice, that enforcement officer may refuse to allow that person to visit the child or young person.
Section 233 – Breath-alcohol and bloodalcohol provisions of Land Transport Act 1998 not affected
Nothing in the provisions of sections 214 to 232 limits or affects the powers of an enforcement officer under any of the provisions of sections 68 to 72 of the Land Transport Act 1998.
Section 234 – Custody of child or young person following arrest
Subject to sections 235, 236, and 244 of this Act, where a CYP is arrested, a constable shall—
(a) Release the child or young person; or
(b) Where the CYP may be released on bail, release the CYP on bail; or
(c) Deliver the CYP into the custody of—
(i) Any parent or guardian or other person having the care of the child or young person; or
(ii) With the agreement of the CYP, any Iwi Social Service or Cultural Social Service; or
(iii) With the agreement of the CYP, any other person or organisation approved by the chief executive or a constable for the purpose.
Section 235 - Child or young person who is arrested may be placed in custody of chief executive
A constable, in relation to any CYP who has been arrested and if subsection (1A) applies,—
(a) must place the CYP in the custody of the chief executive in accordance with subsection (2); and
(b) must do so as soon as practicable and not later than 24 hours after the arrest.
(1A) This subsection applies if –
(a) the constable believes, on reasonable grounds, that —
(i) the child or young person is not likely to appear before the court; or
(ii) the child or young person may commit further offences; or
(iii) it is necessary to prevent —
(A) the loss or destruction of evidence relating to an offence committed by the CYP or an offence that the constable has reasonable cause to suspect the CYP of having committed; or
(B) interference with any witness in respect of any such offence; or
(b) the CYPn has been arrested under section 214A and is likely to continue to breach any condition of bail.
(2) A CYP shall be placed in the custody of the [chief executive] pursuant to this section by—
(a) Delivering the CYP to [the chief executive (acting through his or her delegate)]; and
(b) Presenting to the [delegate], on the prescribed form, details relating to—
(i) The identity of the child or young person; and
(ii) The circumstances of the arrest of the CYP; and
(iii) The date and time of the intended appearance of the CYP before the Court having jurisdiction in the matter in relation to which the CYP was arrested.
(3) Placement of a child or young person in the custody of the chief executive under subsection (1) shall be sufficient authority for the detention of the child or young person by [a delegate] or in a residence under this Act, or under the care of any suitable person approved by a [delegate].
(4) No constable shall exercise the power conferred by subsection (1) merely because the constable believes that any child or young person is in need of care or protection (as defined in section 14 of this Act).
Section 236 - Young person who is arrested may be
detained in Police custody
Where [the chief executive (acting through his or her
delegate)] and a constable, being a senior sergeant or a constable who is of or above the level of position of inspector, are satisfied on reasonable grounds—
(a) That a young person who has been arrested is likely to abscond or be violent; and
(b) That suitable facilities for the detention in safe custody of that young person are not available to the chief executive,—
the young person may, on the joint certificate in the prescribed form of [the delegate] and that constable, be detained in Police custody for a period exceeding 24 hours and until appearance before the Court.
(2) [If a joint certificate is issued]under subsection (1) there shall, within 5 days after the day on which the certificate is issued, be furnished by [the delegate] to the chief executive and by the constable to the Commissioner of Police—
(a) A copy of the certificate; and
(b) A written report stating—
(i) The circumstances in which the certificate came to be issued; and
(ii) The duration of the period for which the young person has been
detained, or is likely to be detained, in Police custody.
[(3) Any delegation by the chief executive of a function or power under this section must be made to a senior employee or senior employees of the department.]
Family Harm Principles
Early intervention Culturally Appropriate Safety Collecting risk information Accountability Working Collaboratively
What may corroborate a family violence allegations?
- medical examinations
- photographs of injuries
- scene examination evidence
- clothing
- witness statements
- 111 call
- old FVIR
- emails, text messages, phone records, bank records, internet browsing history
- suspects statement
What to do when considering what charge is appropriate?
- do not minimize the violence that has occurred
- ensure that an offender is charged and prosecuted in a way that reflects the essential nature of their offending
- consider any continuing risk the offender poses to the victim.
Who may approve the release of family violence offender on Police bail?
Supervisor of or above the position level of sergeant
Who is a qualified constable for PSO?
Constable of or above the position level of sergeant. hey must hold the substantive position level or otherwise be formally appointed or authorized under s PA 2008 to the appropriate position level.
Immediate effects of PSO - Bound Person required to:
- surrender any weapon in their control or any firearms license held to a constable
- vacate any land or building occupied by a person at risk regardless of whether they have equitable or legal interest in it
- provide a cooling down period where the person at risk has time and space to seek support and assistance (as does the bound person), including applying for a temporary protection order.
Longer effects of PSO
Bound person can not
- engage in behavior that amounts to any form of family violence against a person at risk.
- make any contact with a person at risk that is not authorized
- encourage any person to engage in behavior against or to make contact with a person at risk, if the behavior engaged in or contact would be prohibited by the order
When is contact by bound person authorized?
- reasonably necessary in an emergency
- permitted under any special condition of any relevant protection order
- necessary in order to attend a FGC
- necessary to attend a proceeding before a Court or person acting judicially or to attend to any matter associated with such a proceeding which would be jointly attended.
When can a qualified constable issue a PSO?
When they have RGTB that the issue of an order is necessary to help make the person at risk safe from family violence.
PSO age limit
16 and over
Factors to consider when issuing a PSO
- whether it is likely that the person posing risk has is or will inflict family violence against the person at risk ,or nay other person with whom the person posing risk has a family relationship
- the welfare of the children residing with the person at risk
- the hardship that may be caused if an order is issued
- any other matter that may be relevant
Maximum PSO time
10 days
What about PSO for longer than 5 days?
There must be a likelihood of serious harm occurring, where a related order is being sought or where a victim relocation is being sought.
When you are unable to serve the PSO, how long do you have?
48 hours to serve from time of issue.
When a person has breached PSO but absconded - how long do you have to bring them before the Court?
one month from day of breach
What can Court do when a person is bought in to custody for breach of PSO?
- continue with existing order
- if not expired - direct another order be issued not exceeding 10 days
- if it has expired - direct that another order is issued
- adjourn proceedings so that the Judge can consider whether a protection order should be issued.
When can PSO be issued to 16 or 17 year old?
In special circumstances
4 reasons for PSO to be served of 16 or 17 years old?
- RGTB that issue of an order is necessary to help make person at risk safe from family violence
- total level of concern in OnDuty is High
- Approval from Senior Sergeant or above is obtained
- That Senior Sergeant has consulted with OT
Section 9 - Meaning of family violence
Meaning of family violence
(1) In this Act, family violence, in relation to a person, means violence inflicted—
(a) against that person; and
(b) by any other person with whom that person is, or has been, in a family relationship.
(2) In this section, violence means all or any of the following:
(a) physical abuse:
(b) sexual abuse:
(c) psychological abuse.
(3) Violence against a person includes a pattern of behaviour (done, for example, to isolate from family members or friends) that is made up of a number of acts that are all or any of physical abuse, sexual abuse, and psychological abuse, and that may have 1 or both of the following features:
(a) it is coercive or controlling (because it is done against the person to coerce or control, or with the effect of coercing or controlling, the person):
(b) it causes the person, or may cause the person, cumulative harm.
(4) Violence against a person may be dowry-related violence (that is, violence that arises solely or in part from concerns about whether, how, or how much any gifts, goods, money, other property, or other benefits are—
(a) given to or for a party to a marriage or proposed marriage; and
(b) received by or for the other party to the marriage or proposed marriage).
Section 12 - Meaning of family relationship general
Meaning of family relationship: general
For the purposes of this Act, a person (A) is in a family relationship with another person (B) if A—
(a) is a spouse or partner of B; or
(b) is a family member of B; or
(c) ordinarily shares a household with B (see also section 13); or
(d) has a close personal relationship with B (see also section 14).
Section 13 - Meaning of family relationship sharing household
For the purposes of section 12(c), a person (A) is not regarded as sharing a household with another person (B) by reason only of the fact that—
(a) A has, with B,—
(i) a landlord-tenant relationship; or
(ii) an employer-employee relationship; or
(iii) an employee-employee relationship; and
(b) A and B occupy a common dwellinghouse (whether or not other people also occupy that dwellinghouse).
Section 14 - Meaning of family relationship close personal relationship
A person (A) is not regarded as having a close personal relationship with another person (B) under section 12(d) by reason only of the fact that A has, with B,—
(a) an employer-employee relationship; or
(b) an employee-employee relationship.
(2) A person (A) is not prevented from having a close personal relationship with another person (B) under section 12(d) by reason only of the fact that A has, with B, a recipient of care-carer relationship.
(3) In determining whether a person (A) has a close personal relationship with another person (B) under section 12(d), the court must have regard to—
(a) the nature and intensity of the relationship, and in particular—
(i) the amount of time A and B spend together:
(ii) the place or places where that time is ordinarily spent:
(iii) the manner in which that time is ordinarily spent:
(b) the duration of the relationship.
(4) Despite subsection (3)(a), it is not necessary for a person (A) to have a sexual relationship with another person (B) in order for A to have a close personal relationship with B.
(5) Subsections (2), (3), and (4) do not limit the matters to which a court may have regard in determining, under section 12(d), whether a person has a close personal relationship with another person.
Section 79 - Requirements for making Protection Order application
Requirements for making of protection order
The court may make a protection order if it is satisfied that—
(a) the respondent has inflicted, or is inflicting, family violence against the applicant, or a child of the applicant’s family, or both; and
(b) the making of an order is necessary for the protection of the applicant, a child of the applicant’s family, or both.
Section 86 - Protection of people other than applicant: child of applicant’s family
(1) A protection order applies for the benefit of any child of the applicant’s family.
(2) A protection order continues to apply for the benefit of a child of the applicant’s family until—
(a) the child is no longer a child of the applicant’s family; or
(b) the order sooner lapses or is discharged.
(3) If a child of the applicant’s family has become an adult child (because that child of the applicant’s family, having attained the age of 18 years, continues to ordinarily or periodically reside with the applicant), a protection order continues to apply for the benefit of the adult child until—
(a) the adult child ceases to ordinarily or periodically reside with the applicant; or
(b) the order sooner lapses or is discharged.
Basic principles when offenders are armed?
- conduct ongoing TENR
- it is better to take the matter too seriously than too lightly
- caution is not cowardice
- when the offenders actions permit, focus on de-escalation, communication and prevention. Cordon the area and adopt the wait and appeal role in order to negotiate surrender
- Never go unnecessarily in to danger. However f the offender is actin in a way that makes casualties likely the Police must act immediately to prevent this
- treat all armed offenders as dangerous and hostile unless there is definitive evidence to the contrary
- where practical police should not use a firearm unless it can be done without endangering other persons.
Unintentional discharge may occur through -
- operator error
- mechanical error
Who is qualified to verify death?
- registered medical practitioner
- nurse - practioner, registered or enrolled
- registered midwife
- intensive care paramedic
- paramedic
- emergency medical technician
Section 36 - Care and protection of intoxicated people
(1) A constable who finds a person intoxicated in a public place, or intoxicated while trespassing on private property, may detain and take the person into custody if—
(a) the constable reasonably believes that the person is—
(i) incapable of protecting himself or herself from physical harm; or
(ii) likely to cause physical harm to another person; or
(iii) likely to cause significant damage to any property; and
(b) the constable is satisfied it is not reasonably practicable to provide for the person’s care and protection by—
(i) taking the person to his or her place of residence; or
(ii) taking the person to a temporary shelter.
(2) A person detained under subsection (1)—
(a) must be released as soon as the person ceases to be intoxicated:
(b) must not be detained longer than 12 hours after the person is first detained, unless a health practitioner recommends that the person be further detained for a period not exceeding 12 hours.
(3) A health practitioner must not recommend the further detention of a person detained under subsection (1) unless the health practitioner satisfies himself or herself that—
(a) the person remains intoxicated and is incapable of protecting himself or herself from physical harm; and
(b) the person does not have health needs that may require medical attention; and
(c) it is not reasonably practicable to provide for the person’s continuing care and protection by—
(i) taking the person to his or her place of residence; or
(ii) taking the person to a temporary shelter.
(4) In this section,—
intoxicated means observably affected by alcohol, other drugs, or substances to such a degree that speech, balance, co-ordination, or behaviour is clearly impaired
temporary shelter means a place (other than a place operated by the Police) that is capable of providing for the care and protection of an intoxicated person.
(5) Section 31 of the Crimes Act 1961 applies in respect of the power to detain and take a person into custody under this section as if the power were a power of arrest.
VRA - Define immediate family
(a) means a member of the victim’s family, whanau, or other culturally recognised family group, who is in a close relationship with the victim at the time of the offence; and
(b) to avoid doubt, includes a person who is—
(i) the victim’s spouse, civil union partner, or de facto partner; or
(ii) the victim’s child or step-child; or
(iii) the victim’s brother or sister or step-brother or step-sister; or
(iv) a parent or step-parent of the victim; or
(v) a grandparent of the victim
