Family Harm

Question 1

There are two situations where Police may take possession of children without a warrant:

Answer 1

Oranga Tamariki Act 1989 - Section 42

Oranga Tamariki Act 1989 - Section 48

Question 2

Section 42

Answer 2

Allows Police to enter premises and take a child, by force if necessary. This is restricted to situations where the Police believe in reasonable grounds that it is critically necessary to protect a child or young person from injury or death.

This is a very high standard and the power will be used rarely.

Question 3

Section 48

Answer 3

Allows Police who find a child/young person unaccompanied by a responsible person in a situation in which the child’s or young person’s physical or mental health is being, or is likely to be impaired.

This is a lower standard and only applies where the child is found unaccompanied.