Oranga Tamariki Act 1989 Flashcards
Define Child
Means a person under the age of 14
Define young person
Means a person of or over the age of 14 but under 18 years.
Paramount principles (Orange Tamariki Act 1989)
The well-being and best interest of the child or young person are the first and paramount consideration.
Section 14 and 14AA
Orange Tamariki Act 1989
To identify children and young people in need of care and protection in terms of the Act
2 Categories for behaviour
- Parents/caregivers who abuse/ill treat their children or are unable or unwilling to look after them
- Children or young persons who will not obey/listen to their parents or wilfully misbehaviour to a serious degree.
Who do Police work with to investigate allegations
Orange Tamariki and Ministry of Children
what are the 4 section Police can use to remove a child or young person
Section 39 (OT) - Place of safety warrant Section 40 (OT) - Warrant to remove child or young person Section 42 (OT) - Search without warrant Section 48 (OT) - Child or young person found unaccompanied
Oranga Tamariki Act 1989
Section 42
- Any constable who believes on reasonable grounds
- That is critically necessary to protect a child or young person from injury or death.
- May enter and search without a warrant
- House, building, aircraft, vehicle, premises or place
- Remove to detain the child or young person
- Place the child of young person in the custody of Oranga Tamariki
Must inform the commissioner within 3 days of the use of this power.
(42 - kick the door in 2)
Section 39
OT Act
Action is not required to be carried out immediately because it is not critically necessary but action is desired.
39 - wait till after 9 (The child is at school or not on the unsafe premise)
Section 14 Search and Surveillance Act 2012
Warrantless power of entry. Which could also be used when you have RGTS there is a risk to the life or safety or any person that requires emergency response.
Section 48 (OT Act)
Child or young person found unaccompanied by police or someone else without a parent, guardian or other person who usually cares for them
- in any place
- where the CYP physical or mental health is being or is likely to be impaired
- May use force to take that CYP
- Deliver them into custody or parent/guardian with the CYP consent
- If no consent if given or nobody is willing to take them, place the CYP in the custody of OT.
48 - out too late - Mel Butterfly
Section 10B
Summary offences Act 1981
- Being a parent/guardian or a person having the care of a child under the age of 14 years
- 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 regards to all the circumstances.
10B - Where are theeee
Age of criminal responsibility Section 272(1)
Child 10 years + - offences of murder or manslaughter
Child 12 & 13 - Offence is one (Other than murder or manslaughter) for which the maximum penalty available is or include imprisonment for life or for at least 14 years
Child 12-13 years - Child has either been convicted of or declared in need of care and protection after committing an offence for which the maximum penalty is 14 or more yers and now commits an offence for which the penalty is at least 10 years but less than 14.
Age criminally responsible
A person aged from 14 but under the age of 18 is criminally responsible for their actions.
If a young person breaks the law they will be dealt with by Youth Aid service/ FGC or the youth court.
A person 18 + is treated as an adult - special protections for CYP no longer apply.
Section 8 OT
Acknowledges that parents/guardians/caregivers have the right to be informed of any action or decision under the OT act 1989 that significantly affects their child or young person.
Section 9 OT Act
Details peoples rights to receive information in a language they understand. An interpreter may be necessary.
Section 218 OT Act
Requires that every explanation of rights given to a child or young person under the Act must be given in a manner and in a language that is appropriate to their age and level of understanding.
When to explain a CYP their rights
215 - before questioning
215A - When the child or young person asks you about their rights
216 - When you have decided to charge
217 - When you have arrested a child or young person
221 - A statement will not be admissible unless rights are given in accordance with the Act
Section 214
Police powers of arrest without warrant of child and young persons
No arrest of CYP unless the officer is satisfied on reasonable grounds that it is necessary to arrest to
- Ensure the CYP appearance at court
- Prevent further offences
- Prevent loss/destruction of evidence
- Prevent interference with witnesses
And proceeding by way of summons would not achieve that purpose
Exceptions are - Category 4 or 3 offences for which maximum penalty is imprisonment for life or for at least 14 years.
OR the arrest is necessary to carry out breath/blood-alcohol provisions of the LTA Act 1998
You must report the arrest to the commissioner of Police within 3 days.
214 - weeps on the floor
Section 214A OT
Breach of bail condition
A constable may arrest a CYP without a warrant if
- The CYP has been released on bail and
- The constable believes on reasonable grounds that
a) The child or young person has breached a condition of that bail and
b) The CYP has on 2 or more previous occasions breached a condition of that bail
3 striker and 3rd time take them to custody.
Admissibility rules
No statement made by a CYP is admissible
Unless
Rights/caution explained
AND
CYP allowed to consult with lawyer or nominated person or both if they wish
AND
Statement made in presence of Lawyer OR person nominated by CYP
Section 223 (OY)
Oral statements that are made spontaneously by CYP before the police have had a reasonable opportunity to comply with the requirements of the Act.
223 - speak to me
Section 229 OT Act
Whenever arresting a CYP or taking them to the police station for questioning you must notify the parents/other person nominated by the CYP
229 - get on the phone line
Section 222(1) OT Act
Nominated person can be
- Parent or guardian of the CYP
- Adult member of the family, whanua or family group of the CYP
- Any other adult selected by the CYP
If CYP refuses to nominated any person an enforcement officer may nominate any adult that is not an enforcement officer.
(If parent is an officer they can be nominated)
Who cannot be a nominated person
- If the nominated person would attempt, or would be likely to attempt, to pervert the course of justice (Cannot nominate co-offender)
- If the nominated person cannot with reasonable diligence be located
- If the nominated person would not be available with a period of time that is reasonable in the circumstances.
