CPT - Powers of Removal

Question 1

When do you remove a child?

Answer 1

When it is not safe to leave them there or you BORG that if left there they will or are likely to suffer ill-treatment, neglect, deprivation, abuse or harm and there is no other practical means to ensure their safety.

Question 2

Without a warrant

Answer 2

S42 OT Act 1989

The power to remove a child to prevent injury or death.

When exercising the power you must

• produce ID
• disclose power under s42 OT Act 1989
• Notification within 3 days

Question 3

Place of safety warrant

Answer 3

Warrant normally applied for by OT under s39 OT Act 1989.

On entry police or social worker may remove child if they still believe on resonable grounds that the child has suffered or is likely to suffer ill-treatment, neglect, abuse, deprivation or harm

Question 4

Warrant to remove

Answer 4

When the court is satisfied a child is in need of care and protection, it may issue a warrant for the child’s removal from any place to be put in the care of Oranga Tamariki. These warrants are sought by Oranga Tamariki when there are ongoing care and protection concerns.

Question 5

What must police do if a child is found during a clandestine lab raid?

Answer 5

Oranga Tamariki must be notified under the child protection protocol joint operating procedures