Oranga Tamariki 1989 Flashcards
State the provisions of section 214 that relate to the arrest of a CYP
Efforts should be made not to arrest a CYP unless -
WEEP
W - witness/victim safety (threats to…)
E - ensure the child or young Persons appearance at court or receive some other resolution (ID)
E - evidence – prevent loss and destruction
P - prevent further offending (now)
What are the exceptions to section 214?
If the arrest is category 3 or 4, life/+14 years imprisonment the arrest is required
It is also required if it is seen in the public’s best interest
The arrest can also be necessary to carry out breath/blood-alcohol provisions of the Land Transport Act 1998
What must be done to arrest a CYP under section 214?
A report must be submitted to the commissioner of police stating the reasons for the arrest without warrant within 72hrs.
Explains section 215 of the Oranga Tamariki Act 1989
Caution rights must be given when
There is reasonable grounds to believe the CYP has committed an offence
Before asking the CYP any questions, in attempt to gain an admission
When, during questioning, the officer believes that they have committed an offence
Statements made by CYP are admissible unless..
Rights/caution given AND
CYP allowed to consult with solicitor and/or nominated person if they wish to AND
Statement made in presence of a lawyer and/or person nominated (police are allowed to disallow in some circumstances)
What is the paramount principle of the Oranga Tamariki Act 1989?
Section 6 - The welfare and interests of the child or young person shall be the first and paramount consideration.
Define Child
Is a boy or girl under the age of 14
Define young person
Is a boy or girl of or over the age of 14 but under the age of 18 (does not include any person married or in a civil union)
Define a child in need of care and protection
Section 14 - enhances common sense, in situations where…
CYP is likely to be harmed (physical, emotional, sexual)
Their development (physical, mental , emotional) is likely to be impaired or neglected
Serious differences exist between the CYP and the parents, to such an extent the CYP is likely development is likely to be impaired
The CYP is behaving in a manner likely to be harmful to others and/or the parents of the CYP are unable or unwilling to control the CYP
The CYP has committed an offence or a number of which, that causes serious concern for their wellbeing
The parents of the CYP are unwilling or unable to acre for the CYP
The parents of the CYP have abandoned their CYP
The attachment of the CYP to the parents is likely to be seriously impaired due to the number of occasions they have been in the care of another.
What are your powers or obligations under section 42 of the Oranga Tamariki Act 1989
Any constable who believes on reasonable grounds that it is critically necessary to protect a CYP from injury and death, may enter and search without warrant (with force if necessary), any place or building to remove or detain the CYP and place them in the care of the custody OT
Outline the role of police in protecting CYPs found unaccompanied under section 48
Where a CYP is found unaccompanied by a parent/guardian/person who cares for them, in a situation which their wellbeing is likely to be impaired, a constable may (using reasonable force) take the CYP and with their consent deliver them to a parent/guardian/other person. If no consent given or caregivers are unwilling to take them,place them in the care of OT
What is your entry power to enter and remove a child from a dangerous situation>
Section 39 Oranga Tamariki Act 1989
Any person is authorised to enter and remove (by force if necessary) to remove or detain a CYP who is likely to suffer or has suffered harm and place in the custody of OT
What is section 10b of the Summary of Offences Act 1981
An offence committed by leaving a CYP without reasonable supervision or care.
