Oranga Tamariki Act 1989 Flashcards
Oranga Tamariki Act 1989
WEEP
Section 208
* 1. Witness
* 2. Evidence
* 3. Ensure Court
* 4. Prevent Further Offending
Oranga Tamariki Act 1989
Section 222
Person who maybe nominated.
* Duty of person nominated.
* Take resonable steps to ensure child understands.
* Support Child or Young Person.
Oranga Tamariki Act 1989
Section 221
Admissability of Statement made by child or young person.
- Must be in presents of:
- Barrister or Lawyer.
- Any person nominated by the child.
Oranga Tamariki Act 1989
Section 218
Explanation to be given in a manner appropriate to age and level of child.
Oranga Tamariki Act 1989
Section 217
Rights to be explained to child and young person who is arrested.
Oranga Tamariki Act 1989
Section 216
If charged child & young person must be informed of their rights .
Oranga Tamariki Act 1989
Section 215
Child & Young person to be informed of their rights before they are questioned by enforcement officer.
Oranga Tamariki Act 1989
Section 214A
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.
Oranga Tamariki Act 1989
Section 214
Arrest of child and young person without warrant.
- Satisfied on resonable grounds.
- To arrest C/YP without warrant for the purpose of:
1. WEEP.
Oranga Tamariki Act 1989
Section 208
4 Pimary Principles.
WEEP
- Unless public interest requires otherwise.
- Court proceeding should not be instituted against a C/YP
Oranga Tamariki Act 1989
Section 48
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.
Oranga Tamariki Act 1989
Section 42
SWW
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.
Oranga Tamariki Act 1989
Section 39
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.
Oranga Tamariki Act 1989
Young Person
Between
14 years - 17 years
Oranga Tamariki Act 1989
Child
13 years & Under.
Oranga Tamariki Act 1989
Section 219
Explanation not required if C/YP already in formed of rights.
- If given within 1 hour before.
Section 223
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.
Oranga Tamariki Act 1989
Section 229
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.
Oranga Tamariki Act 1989
Section 233
(Hawea)
Breath-Alcohol and blood alcohol provisions of Land Transport Act1998 not affected
Oranga Tamariki Act 1989
Section 234
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
Oranga Tamariki Act
Section 235
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.
Oranga Tamariki Act 1989
Section 236
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.
Oranga Tamariki Act 1989
Section 231
Persons who may be nominated for the purpose of Section 229(1)(a)
