Oranga Tamariki

Question 1

What is the paramount principal of the Oranga Tamariki Act 1989?

Answer 1

“The welfare and interests of the child or young person shall be the first and paramount consideration”.

Question 2

Define a child/ young person

Answer 2

CHILD means a person under the age of 14

YOUNG PERSON means a person of or over the age of 14 years but under 18 years; but does not include any person who is or has been married, or in a civil union.

Question 3

Define a child in need of care and protection

Answer 3

The CYP is likely to be:

• Harmed (sexually, emotionally or physically)
• Ill treated
• abused or seriously deprived

There are serious differences between the CYP abd the parent/ guardian so the physical, mental or emotional wellbeing is being seriously impaired

The parent/ guardians are unable or unwilling to care for the child or young person

The child over the age of 10 and under the age of 14, is offending to such an extent there is serious concern for their wellbeing.

Question 4

What are your powers and obligations under section 42?

Answer 4

Any constable who believes on reasonable grounds that it is critically necessary to protect a CYP from INJURY or DEATH, may without a warrant enter and search a dwelling house/ building/ aircraft/ ship/ carriage/ vehicle premises or place and REMOVE or DETAIN the CYP and PLACE the CYP in the custody of OT.

Question 5

Outline the role of police in protecting unaccompanied children and young persons under Section 48

Answer 5

Where a CYP is found UNACCOMPANIED by

• a parent
• guardian
• other person who usually looks after them

in a situation in which their physical or mental health is being or likely to be impaired, a Constable may (using reasonable force) take the CYP with their consent and deliver them into the custody of a parent, guardian, or other person usually having care of them. If no consent is given or such persons are unwilling to take them, place the child in the custody of OT.

Question 6

What is your emergency power to enter and remove a CYP from a dangerous situation?

Answer 6

Section 14 of the Search and Surveillance Act 2012 gives you a warrantless power of entry to respond to a risk to life or safety.

Question 7

What are the elements of Section 10B of the Summary Offences Act 1981?

Answer 7

• Being a parent or guardian or a person having the care of a child under the age of 14
• leaves that child
• without making reasonable provision for the supervision and care of the child
• for a time that is unreasonable or under conditions that are unreasonable having regard to all the circumstances.

Question 8

What are the provisions of Section 214 that apply when deciding to arrest a CYP?

Answer 8

NO ARREST OF A CYP unless:
The officer is satisfied on reasonable grounds that it is necessary to arrest to:
- ensure the CYP's appearance in court
- prevent further offences
- prevent loss/ destruction of evidence
- prevent interference with witness

Question 9

Detail the information that must be given to a CYP per Section 215

Answer 9

This section outlines when a CYP must be informed of their rights (explained in a manner appropriate to their age and level of understanding) before being questioned by an enforcement officer, includeing:

• When there are RGTS the CYPhas committed an offence
• Before asking the CYP questions intended to obtain an admission of an offence
• When, during questioning, the officer forms RGTS the CYP has committed an offence

Question 10

Explain how to obtain admissible statements from a CYP

Answer 10

No statement made by a CYP is admissible UNLESS:
- Rights/ Caution explained
AND
- CYP allowed to consult with solicitor and/ or nominated person if they wish to
AND
Statement made in presence of (one of the following):
- Lawyer and/ or
- person nominated by CYP

Note: Police may disallow nominated person in certain circumstances.