CYFS

Question 1

Section 40
Where an application for a declaration under section 67 of this Act has been made in respect of a child or young person, any District Court Judge or, if no District Court Judge is available, any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, on application in writing verified in accordance with section 99 of that Act, where there are reasonable grounds for believing that the child or young person is—

Answer 1

a)
Suffering, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm; or
(b)
So seriously disturbed as to be likely—(i)
To act in a manner harmful to the child or young person or any other person; or
(ii)
To cause serious damage to property,—
issue a warrant authorising any member of the Police or a Social Worker, either by name or generally, to search for the child or young person.

Question 2

Any person authorised by warrant under this section 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)
Either—

Answer 2

(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.

Question 3

42 Search without warrant

Answer 3

Any member of the Police 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, building, aircraft, ship, carriage, vehicle, premises or place:
(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.

Question 4

214 Arrest of child or young person without warrant
Subject to section 214A and sections 233 and 244 of this Act, where, under any enactment, any enforcement officer has a power of arrest without warrant, that officer shall not arrest a child or young person pursuant to that power unless that officer is satisfied, on reasonable grounds,—

Answer 4

That it is necessary to arrest that child or young person without warrant for the purpose of—(i)
Ensuring the appearance of the child or young person before the Court; or
(ii)
Preventing that child or young person from committing further offences; or
(iii)
Preventing the loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the enforcement officer has reasonable cause to suspect that child or young person of having committed, or preventing interference with any witness in respect of any such offence; and

Question 5

215 Child or young person to be informed of rights before questioned by enforcement officer

Answer 5

Subject to sections 233 and 244 of this Act, every enforcement officer shall, before questioning any child or young person whom there are reasonable grounds to suspect of having committed an offence, or before asking any child or young person any question intended to obtain an admission of an offence, explain to that child or young person—

Question 6

218

Answer 6

Every explanation required to be given to a child or young person pursuant to section 215 or section 215A or section 216 or section 217 of this Act shall be given in a manner and in language that is appropriate to the age and level of understanding of the child or young person.

Question 7

222 Persons who may be nominated for the purposes of section 221(2)(b) or (c)
(1) Subject to subsection (2) of this section, a child or young person may nominate one of the following persons for the purposes of section 221(2)(b) or (c) of this Act:

Answer 7

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.