Oranga Tamariki Act 1989

Question 1

What is the paramount consideration?

Answer 1

The well-being and best interest of the Child or Young person are the first and paramount consideration.

Question 2

CYP ages?

Answer 2

Child - Under 14 years
Young person - Over 14 and under 18

Question 3

Under section 8 of this act what and when do we need to inform parents/guardians/caregivers of?

Answer 3

Of any action that significantly affects the CYP

Question 4

Section 214 - Powers of arrest

Answer 4

-WEEP (Prevent witness interference, Ensure appearance at court, Evidention material from being CADD, Prevent further offences.
-Cat 3 & 4 offences & best interest of public.
-Necessary for EBA procedures.

Question 5

Section 125(b)

Answer 5

CYP Rights to be given in a way they understand:
-Before questioning
-When the CYP asks about their rights
-When you have decided to charge (statements)
-When arrested

Question 6

Section 39

Answer 6

Place of safety warrant to remove a child from a place.

Question 7

Section 42

Answer 7

RGTB that it is critically necessary to protect a CYP from injury or death we may enter and remove/detain the CYP and place in OT care.

Question 8

Section 48

Answer 8

CYP found unaccompanied in a situation where there physical or mental health is being, or likely to be impaired we may take them and take into custody of parent/guardian/OT.

Question 9

Under section 42 who and when do we report use of powers to?

Answer 9

The commissioner within 3 days. Reason/Evidence/Solution.

Question 10

Section 10B

Answer 10

Parent/Guardian leaving a child under 14 years without reasonable provision for supervision or care for an unreasonable time. Fine = max $2000

Question 11

Criminally responsibility ages:

Answer 11

10+ - Murder or Manslaughter
12+13 - Offence for which max penalty is 14+ year imprisonment
12-13 - Child is convicted of or declared in need of care and protection after committing an offence 14+ years AND now commits an offence for which the penalty is more than 10 and less than 14 years imprisonment.

Question 12

A statement from a CYP is only admissible when…..
There is 1 exception…..

Answer 12

Rights and caution has been explained AND CYP has been allowed to consult with a nominated person, lawyer or both AND the statement was made in the presence of that person.

Exception: Section 223 - If an oral statement is made spontaneously by a CYP before police had reasonable opportunity to comply with the requirements of the act.