Oranga Tamariki Act 1989 Flashcards
What is the paramount principle?
The wellbeing and best interests of the child or young person are the first and paramount consideration
ROC meaning?
Report of concern
Different between child and young person?
Child - 13 and under
Young person - 14 to 17 years old
Section 42 (OT Act)
Search without warrant (only if critically necessary)
Section 48 (OT act)
Child or young person found unaccompanied and physical/mental health likely to be impaired
Section 8 (OT act)
Inform the parents of any interaction that significantly affects the CYP
Section 9 (OT act)
Suitable language
make sure the CYP understands the language being used
Section 214 (OT act)
Powers of arrest limitation - can’t arrest unless of of these apply!
W - Witness or Victim Safety
E - Ensure they appear in court or other resolution
E - Evidence
P - Preventing further offending
Section 214A (OT act)
Approval required to arrest
- Youth Aid Sgt
- Qualified youth aid officer
- Personal Sgt
Section 221 (OT Act)
Admissibility rules - statements are admissible unless
- right/caution explained
- allowed to consult with lawyer/nominated person
- statement made in presence of lawyer/nominated person
Section 222 (OT Act)
Who is suitable as a “nominated person”
- A parent or caregiver
- Adult member of family
- Any other adult selected by CYP