Oranga Tamariki Act 👩🏻‍🍼

Question 1

Section 9

Answer 1

It is a persons right to receive information in a language they understand

Question 2

Section 39

Answer 2

• place of safety warrant
  Warrant to search for any C/YP
• May enter & search any house / building / ship / etc.
• RGTB that the C/YP has suffered or is likely to suffer
• Can remove or detain then

Question 3

What are the 4 primary considerations that a court or person must be guided by

Answer 3

1. The wellbeing & best interests of the C/YP
2. The public interest / safety
3. The interest of any victim
4. The accountability of the C/YP for their behaviour

Question 4

Proceedings may lawfully be commended against a child of 10 years + when…

Answer 4

The child has committed an offence that is murder or manslaughter

Question 5

Within how many days must you report the arrest of a C/YP to the commissioner?

Answer 5

3 days / 72 hours

Question 6

Can reasonable force be used under Section 48 & what options are there to resolve a C/YP being unaccompanied?

Answer 6

Yes reasonable force can be used.
A C/YP can be delivered back to the custody of their parents or guardian, but only with consent. If consent is not provided then they must be placed with Oranga Tamariki

Question 7

When is a spontaneous statement not admissible in court & what is the exception to this?

Answer 7

Spontaneous statements are not admissible when the persons rights have not been read before the statement is made, however the exception is if the statement was made before police have had reasonable opportunity to have their rights read.

Question 8

Section 42

Answer 8

Warrantless search where it is believed that the C/YP is at risk of serious injury or death

Question 9

Requirements of a nominated person

Answer 9

• Must be a nominated adult by the C/YP that is of 20 years or older
• Can be parent / guardian / other adult member of the family
• Can only be an enforcement officer if they are a parent & nominated by the C/YP

Question 10

Definition of ‘Child’ & ‘Young Person’

Answer 10

A child is younger than 14 years old
A young person is older than 14, but younger than 18

Question 11

According to the Crimes Act how old must a child be to NOT be convicted of an offence?

Answer 11

No child under 10 years old can be convicted

Question 12

Section 214