Oranga Tamariki Act 1989 Flashcards
Age of a Child?
Person under 14
Young person?
Person of or over 14 but under 18
Paramount Principle (4a)
The well being and best interests of the child or young person are the first and paramount consideration
Section 14 14AA of the OT act identify when children and young people in need or care and protection. The behaviours can be loosely split into three categories
When parents abuse or ill treat their children or are unable or unwilling to look after them.
CYP have behaved or are behaving in a manner that is harmful to themselves and the parents or caregivers cannot or will not control the behaviour.
Children aged 10-14 have committed an offence or offences of sufficient number, nature or magnitude to cause serious concern for the wellbeing of the child.
Orange Tamariki Act Section 42
Search without warrant: any Constable who believes in reasonable grounds that it is critically necessary to protect a CYP from injury or death may without warrant enter and search and resume or detain the child or young person and place the CYP in custody of oranga tamariki.
Oranga Tamariki Act 1989 Section 42 obligations
- Produce identification
- State you are using “Section 42)
- Inform commissioner within 3 days of the use of this power.
What must you do when you’ve detained a CYP?
Give them their caution/rights at the time of detention.
Section 10B
Children left unaccompanied
Summary Offences Act 1981: Section 10B
Anyone having care of a child under 14 leaves the child without reasonable provision for the supervision and care of the child for a time that is unreasonable or under conditions that are unreasonable having regard to all the circumstances.
Section 48
Out late.
When a CYP is detained they must be given their rights/caution. Any place meaning public and private.
CYP found unaccompanied.
They need consent from the child to deliver them into custody if parents. Not consent given means the child will be in custody of Oranga tamariki
What is the minimum age of criminal responsibility in NZ under the Crimes Act 1962?
10 years
What happens to children under 10 who cause harm?
They are referred to care and protection system under section 14 of the OT Act
What does Doli Incapax mean?
This is a special protection for children aged between 10 and 14. Along with the elements of the offence the prosecution must prove the child knew what they were doing was wrong or contrary to the law.
What are the ages where CYP can be charged and for what?
10-11 can only be charged with murder or manslaughter
12-13 year olds can be charged with certain serious offences and or persistent offending in the youth court.
What is Section 8 of OT Act 1989?
Contact parents/caregivers of the child if and when you deal to them.
