Oranga Tamariki Act 1989 Flashcards
What is the paramount principal?
The well being and best interests of CYP are the first and paramount consideration.
Which agency works with police to investigate child abuse claims?
Child protection team.
When can police use section 42 of the OT act?
Can enter and search when Critically necessary to protect CYP from injury or death. Would remove and deliver to OT
When can police use section 48 of the OT act? (Out too late)
CYP found unaccompanied where their physical/mental health is likely to be impaired.
Deliver back to parents with consent
Deliver to OT without consent
After using section 42 what must you do within 3 days?
Report to commissioner of the use of power.
Section 10B ( no one home with me) of the Summary Offenses Act deals with?
Children under 14 being left unsupervised and without care for a unreasonable amount of time.
What offense can a child 10+ be convicted of?
Murder or manslaughter
What offence can a 12 and 13 year old be convicted of?
Anything that has life imprisonment or for at least 14 years.
Under what section of the OT act can you arrest a CYP? And for doing what?
Section 214 ( kids no more!)
- Prevent further offences
- prevent loss if evidence
-prevent interfering witnesses
- murder/ manslaughter
Under section 215 of the OT ACT when are you to give CYP their caution rights?
- before questioning
- when they ask you about their rights
- when you decide to charge them
- when you have arrested a CYP
- when asking for a statement
Nominated person for CYP?
A CYP can nominate a parent/guardian or any other adult to be present when they are being questioned or when a statement is being taken.
No statement made by CYP is admissible unless?
- rights/ caution explained and
- CYP allowed to consult with lawyer or nominated person when making statement.
What are category 3 and 4 offences when dealing with CYP?
Category 3 - imprisonment for 2 years or more.
Category 4 - very serious offences eg murder manslaughter, life imprisonment or 2 years of more.
