Oranga Tamariki Act 1989 Flashcards
Child
Person under the age of 14 years old
Young person
Person over the age of 14 but under 18 years old
Paramount Principle of the OTA 1989
Section 4A(1)
The WELL-BEING and BEST INTERESTS of the child or young person are the FIRST and PARAMOUNT consideration
Section 14 and 14AA
Identify when children and young people in need of care and protection
ROC
Report of concern
Section 42
Search without warrant (entry power)
Section 42 obligations
Produce identification
State you are using sec 42 OTA 1989
Within three days inform the commissioner of the use of this power
Section 42 OTA 1989
Any constable who believes on reasonable grounds.
That it is critically necessary to protect a child or young person from injury or death
May without warrant enter and search
Remove or detain the child or young person
Place the child or young person in the custody or oranga tamariki
Section 10B Summary Offences Act 1981
Children left unaccompanied
Explain section 10B Summary Offences Act 1981
Being a parent or guardian or a person having the care of a child
Leaves that child
Without making 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 OTA 1989
Child or young person found unaccompanied
Explain section 48 OTA 1989
Where a child or young person is found unaccompanied by a parent, guardian or another person who usually cares for them
In a situation in which their physical or mental health is being or likely to be impaired
A constable may use such force as may reasonably be necessary take the child or young person
With their consent deliver them into custody of the parent, guardian or other person who usually cares for them
If no consent is given or caregivers are unwilling to take them, place the child or young person in the custody of Oranga tamariki
Section 8 OTA 1989
Parents must be informed
Section 9
Suitable language to be used for CYP
Under 10
Not liable for any offence
Under 10
Not liable for any offence
10 to under 14
Only if they know the act was wrong
14 to under 18
Is criminally liable but dealt with by the youth court
Four primary considerations
The well being and best interests of the child or young person
The public interest (public safety)
The interest of any victim
The accountability of the child or young person for their behaviour
Section 214 OTA 1989
Powers of arrest limitation
Section 214
Arrest of a CYP
Witness interference
Ensure appearance in court
Ensure no loss of evidence
Prevent further offences
Section 214A OTA 1989
Arrest breach of bail CYP released on bail (Without a warrant)
Section 222
Nominated persons
Who can’t it be
Anyone under 20
Co-offender
If person can’t be located
Can’t be available in reasonable time
Officers can nominated if CYP can’t or refuses to
Section 221
Admissibility of statements made by CYP
Caution rights explained
CYP allowed to consult with lawyer/nominated person
Statement must be made in the presence of a lawyer or nominated person
What must happen after an arrest of a CYP
It must be reported within 3 days to office of commissioner
Section 215
Bill of rights to be read to CYP
In a manner appropriate to their age and level of understanding
Before questioning, if they ask, when arrested/detained
