Oranga Tamariki Act 1989

Question 1

Definition of Child and Young Person

Answer 1

Child = Under 14

Young Person = 14 to under 18. Essentially 14-17

Question 2

Golden Rule of OT Act aka s4A(1)

Answer 2

Best interests and wellbeing of CYP are paramount

Question 3

Section 42

Answer 3

In the poo.
Search WITHOUT warrant
CRITICALLY NECESSARY to protect CYPS from injury or death. 
-Enter 
-Search 
-Detain 
-Remove 
-Place 
Use force if required.

• **Obligations:
• Produce ID/uniform
• State act and section you are using
• Inform commissioner within 3 days.

Question 4

Section 39

Answer 4

You’ve got time. 
Need a warrant obtained by OT etc. 
CYP is likely to suffer abuse/neglect/deprivation. 
-Enter 
-Search 
-Detain 
-Remove 
-Place 
-Force

• **Obligations:
• Produce ID/uniform
• State act and section you are using
• Inform commissioner within 3 days.

Question 5

Section 48

Answer 5

Out too late.
CYP Unaccompanied
In situation where their physical/mental health is being or likely to be impaired.

With consent - Deliver them to their parents/caregiver
Without consent - Place with OT

Question 6

Section 10B Summary offences Act 1981

Answer 6

Parent/caregiver leaves a child under 14 without reasonable supervision or care for an unreasonable length of time or unreasonable circumstances.

Question 7

What are your options when dealing with a CYP for a suspected offence

Answer 7

1. ) Warn them
2. ) Report them to YAS for further action
3. ) Charge them (Section 214)

Question 8

Section 214

Answer 8

Arresting a young person or child
One of the following must be of serious concern to arrest them.
W - Witness (safety)
E - Ensure appearance in court (details)
E - Evidence CADD
P - Prevent further offence.

Question 9

What are the court’s 4 primary considerations when dealing with a CYP

Answer 9

1. The best interest/ wellbeing of the CYP
2. Public interest
3. Victim interest
4. Accountability of CYP

Question 10

Under what age can no CYP be charged for any offence?

Answer 10

10 years

Question 11

What are the offences that people under 14 years can be charged with?

Answer 11

10+ - Murder/Manslaughter
12-13 - Offence with penalty 14+ years
12 -13 - (with previous 14+ offence) - now commits another offence. 10+ years

Question 12

Section 215

Answer 12

CYP must be informed of their rights (explained in a manner appropriate to their age and level of understanding).

• Before being questioned
• When CYP asks
• Decide to charge
• Upon Arrest

Question 13

No statement made by a child or young person is admissible unless:

Answer 13

• Rights / caution explained, AND
• Child or young person 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 child or young person

Question 14

Arrest for Breach of Bail

Answer 14

May arrest without warrant if:
A) CYP is currently on bail AND
B) You believe on reasonable grounds that:
i) they have breached a condition of that bail
ii) they have on 2 or more previous occasions breached a condition of that bail.

Need approval from YAS or Sgt first