Oranga Tamariki Act 1989 Flashcards
What is the formal citation for the Oranga Tamariki Act 1989?
The Act may be cited as either the Oranga Tamariki Act 1989 or the Children’s and Young People’s Well-being Act 1989.
What is the focus of Part 2 of the Oranga Tamariki Act 1989?
Care and protection of children and young persons.
Who can issue a warrant for the place of safety according to Section 39?
Any District Court Judge or, if no District Court Judge is available, any issuing officer.
Under what conditions can a warrant be issued for a child or young person?
There are reasonable grounds for suspecting that a child or young person is suffering, or is likely to suffer, ill-treatment, neglect, deprivation, abuse, or harm.
What is the role of the chief executive in executing a warrant?
The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorized under a delegation.
Who may apply for a warrant under subsection (1) of Section 39?
An application for a warrant may be made by a constable or the chief executive.
Fill in the blank: The Oranga Tamariki Act 1989 was formerly known as the _______.
Persons and Their Families Act 1989
True or False: A warrant can only be issued by a District Court Judge.
False
What can a person executing a warrant do to search for a child or young person?
Enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place.
Under what circumstances can a person remove or detain a child or young person?
If they believe, on reasonable grounds, that the child or young person has suffered, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm.
What action can be taken if a child or young person is removed or detained?
Place the child or young person in the custody of the chief executive.
What can a person do if the child or young person is in a hospital?
Direct the Medical Superintendent of that hospital to keep that child or young person in that hospital.
What is the status of a child or young person when a direction is issued regarding their custody?
That child or young person shall be deemed to have been placed in the custody of the chief executive.
What is required for a constable to take action regarding a child or young person?
Believes on reasonable grounds that it is critically necessary.
What is the main purpose of Section 42?
To allow a constable to search without a warrant to protect a child or young person from injury or death
This section outlines the conditions under which a constable can act to ensure the safety of a minor.
Under what circumstances can a constable enter and search premises without a warrant?
When they believe it is critically necessary to protect a child or young person from injury or death
This applies to various locations including houses, vehicles, and other places.
What actions can a constable take under subsection (1) of Section 42?
- Enter and search any dwelling house or place
- Remove or detain the child or young person
The constable may use force if necessary.
What must a constable produce upon entering a dwelling under Section 42?
- Evidence of identity
- Disclosure of powers being exercised under this section
This is required upon first entry or if requested at any subsequent time.
What is the reporting requirement for a constable after exercising powers under Section 42?
They must forward a written report to the Commissioner of Police within 3 days
The report details the exercise of the power and the circumstances leading to it.
What action can a constable take if a child or young person is found unaccompanied in a harmful situation?
A constable may take the child or young person and deliver them to a parent, guardian, or, if not possible, to the chief executive
This action is taken when the child’s physical or mental health is at risk.
Under what conditions can a constable deliver a child or young person to a parent or guardian?
With the consent of the child or young person
If the child or young person wishes to be returned to a parent or guardian.
What happens if a child or young person does not wish to return to their parent or guardian?
The constable may place the child or young person in the custody of the chief executive
This is applicable if no parent or guardian is willing or able to take custody.
