Oranga Tamariki Act 1989

Question 1

Child

Answer 1

Person under the age of 14 years old

Question 2

Young person

Answer 2

Person over the age of 14 but under 18 years old

Question 3

Paramount Principle of the OTA 1989
Section 4A(1)

Answer 3

The WELL-BEING and BEST INTERESTS of the child or young person are the FIRST and PARAMOUNT consideration

Question 4

Section 14 and 14AA

Answer 4

Identify when children and young people in need of care and protection

Question 5

ROC

Answer 5

Report of concern

Question 6

Section 42

Answer 6

Search without warrant (entry power)

Question 7

Section 42 obligations

Answer 7

Produce identification
State you are using sec 42 OTA 1989
Within three days inform the commissioner of the use of this power

Question 8

Section 42 OTA 1989

Answer 8

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

Question 9

Section 10B Summary Offences Act 1981

Answer 9

Children left unaccompanied

Question 10

Explain section 10B Summary Offences Act 1981

Answer 10

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

Question 11

Section 48 OTA 1989

Answer 11

Child or young person found unaccompanied

Question 12

Explain section 48 OTA 1989

Answer 12

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

Question 13

Section 8 OTA 1989

Answer 13

Parents must be informed

Question 14

Section 9

Answer 14

Suitable language to be used for CYP

Question 15

Under 10

Answer 15

Not liable for any offence

Question 16

Under 10

Answer 16

Not liable for any offence

Question 17

10 to under 14

Answer 17

Only if they know the act was wrong

Question 18

14 to under 18

Answer 18

Is criminally liable but dealt with by the youth court

Question 19

Four primary considerations

Answer 19

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

Question 20

Section 214 OTA 1989

Answer 20

Powers of arrest limitation

Question 21

Section 214

Answer 21

Arrest of a CYP
Witness interference
Ensure appearance in court
Ensure no loss of evidence
Prevent further offences

Question 22

Section 214A OTA 1989

Answer 22

Arrest breach of bail CYP released on bail (Without a warrant)

Question 23

Section 222

Answer 23

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

Question 24

Section 221

Answer 24

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

Question 25

What must happen after an arrest of a CYP

Answer 25

It must be reported within 3 days to office of commissioner

Question 26

Section 215

Answer 26

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