Oranga Tamariki Act 1989 Flashcards

1
Q

Oranga Tamariki Act 1989

WEEP

A

Section 208
* 1. Witness
* 2. Evidence
* 3. Ensure Court
* 4. Prevent Further Offending

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2
Q

Oranga Tamariki Act 1989

Section 222

A

Person who maybe nominated.
* Duty of person nominated.
* Take resonable steps to ensure child understands.
* Support Child or Young Person.

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3
Q

Oranga Tamariki Act 1989

Section 221

A

Admissability of Statement made by child or young person.

  • Must be in presents of:
  • Barrister or Lawyer.
  • Any person nominated by the child.
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4
Q

Oranga Tamariki Act 1989

Section 218

A

Explanation to be given in a manner appropriate to age and level of child.

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5
Q

Oranga Tamariki Act 1989

Section 217

A

Rights to be explained to child and young person who is arrested.

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6
Q

Oranga Tamariki Act 1989

Section 216

A

If charged child & young person must be informed of their rights .

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7
Q

Oranga Tamariki Act 1989

Section 215

A

Child & Young person to be informed of their rights before they are questioned by enforcement officer.

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8
Q

Oranga Tamariki Act 1989

Section 214A

A

Arrest of a child and young person in breach of bail conditions

  • Released on Bail.
  • C/YP Breached.
  • C/YP has 2 or more previous.
  • C/YP Whether or not the same condition.
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9
Q

Oranga Tamariki Act 1989

Section 214

A

Arrest of child and young person without warrant.

  • Satisfied on resonable grounds.
  • To arrest C/YP without warrant for the purpose of:
    1. WEEP.
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10
Q

Oranga Tamariki Act 1989

Section 208

A

4 Pimary Principles.
WEEP

  • Unless public interest requires otherwise.
  • Court proceeding should not be instituted against a C/YP
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11
Q

Oranga Tamariki Act 1989

Section 48

A

Unaccompanied C/YP.

  • A C/YP physical wellbeing or mental health is being or likely to be impaired.
  • Use such force as may reasonable be necessary.
  • If no person then to the Chief Executive.
  • Which expires 5 days after the day.
  • Or 3 days after the date.
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12
Q

Oranga Tamariki Act 1989

Section 42
SWW

A

Search Without Warrant.

  • RGTB that it is critically necessary to protect C/YP from injury or death
  • Enter and search by force.
  • Remove or detain by force.
  • Written Report within 3 days. xxxxxxxx
  • To Commissioner of Police.
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13
Q

Oranga Tamariki Act 1989

Section 39

A

Place of Safety Warrant.

RGTB
* Enter and search by force.
* Suffered.
* Likely to suffer.
* Ill-treatment.
* Serious Neglect, Abuse, Deprivation, Harm.
* Remove or detain by force.
* Place C/YP to Chief Executive.

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14
Q

Oranga Tamariki Act 1989

Young Person

A

Between
14 years - 17 years

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15
Q

Oranga Tamariki Act 1989

Child

A

13 years & Under.

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16
Q

Oranga Tamariki Act 1989

Section 219

A

Explanation not required if C/YP already in formed of rights.

  • If given within 1 hour before.
17
Q

Section 223

A

Section 221 does not apply where statement made before requirement of that section can be met.

Spontaneously given before rights can be explain under 221.

18
Q

Oranga Tamariki Act 1989

Section 229

A

Parents & Guardians or Other Persons to be informed where C/YP at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested.

19
Q

Oranga Tamariki Act 1989

Section 233
(Hawea)

A

Breath-Alcohol and blood alcohol provisions of Land Transport Act1998 not affected

20
Q

Oranga Tamariki Act 1989

Section 234

A

Custody of C/YP following arrest.
1: Release the C/YP
2: Release of Bail C/YP
3: Deliver to Parent/Guardian
4: Deliver with agreement of C/YP
To Social & Cultural Services or Organisation approved by Chief Executive

21
Q

Oranga Tamariki Act 1989

Law Notes

A
22
Q

Oranga Tamariki Act

Section 235

A

C/YP who is arrested may be placed in the custody of Chief Executive.
1: As soon as practical
2: No later then 24 hours
RGTB WEEP.

23
Q

Oranga Tamariki Act 1989

Section 236

A

YP who is arrested may be detained in Police Custody.

1: Likely to ascond
2: Facility for detention not available.
3: Joint Certificate to hold YP for period exceeding 24hrs or court appearance.