Oranga Tamariki Act 1989

Question 1

What is section 39?

Answer 1

Place of Safety Warrant:

• Enter, search, remove and place in OT care

Question 2

What is section 40?

Answer 2

Warrant to remove:

• Enter, search, remove and place in OT care

Question 3

What is section 42?

Answer 3

Warrantless search:

• Enter, search, remove and place in OT care, when CRITICALLY NECESSARY to protect a child or young person from INJURY OR DEATH

Question 4

What is section 48?

Answer 4

Unaccompanied:

• FOUND IN SITUATION physical, mental, health LIKELY TO BE IMPAIRED, take and deliver to parents (with consent) or to OT (no consent)

Question 5

What is section 214?

Answer 5

No arrest of child or young person unless:

• Witness protection
• Ensure appearance at court
• Evidence destruction
• Prevent further offending

Question 6

What is section 10B of the Crimes Act 1961?

Answer 6

Home alone:

Leaves a child (under 14) without reasonable supervision, for a time or under conditions that are unreasonable

Question 7

What is section 6?

Answer 7

Welfare of the child or young person is paramount

Question 8

What is section 8?

Answer 8

Parents or Caregivers MUST be informed

Question 9

What is section 209?

Answer 9

Consideration of a WARNING other than prosecution for a child or young person

Question 10

What is section 214A?

Answer 10

Arrest of a child or young person for breaching bail

Question 11

What are sections 221-226?

Answer 11

Admissibility of statements made by a child or young person

Question 12

What is section 222?

Answer 12

Nominated persons to be present for a child or young person

Question 13

What is section 14?

Answer 13

Identifies children and young people in need for care and protection

Question 14

What is section 13?

Answer 14

Principles of the Act

• Wellbeing entwined with family
• Wellbeing promoted by and through the family to the fullest extent
• Child only to be severed from family as a last resort

Question 15

What is section 4?

Answer 15

Objects of the Act

• Children need to be held accountable for their actions

Question 16

What is section 9?

Answer 16

Need to provide an interpreter if required

Question 17

What is section 208?

Answer 17

Principles of the Act

• Alternative methods of dealing with the child

Question 18

What is section 215?

Answer 18

RGTS you give BOR

Question 19

What is section 215A?

Answer 19

Explain anything that may be appropriate to the inquiry

Question 20

What is section 216?

Answer 20

Decided to charge, give BOR

Question 21

What is section 217?

Answer 21

Decided to arrest, give BOR

Question 22

What is section 218?

Answer 22

Rights must be explained in a manner and language they can understand

Question 23

What is section 219?

Answer 23

No explanation need be given if the same explanation has been given in the last hour

Question 24

What is section 223?

Answer 24

Exception in regards to statements admissible in court is for oral statements made spontaneously by a child or young person before the police have had a reasonable opportunity to comply with the requirements of the Act

Question 25

What is section 229?

Answer 25

Notify the parents and other persons nominated by the child when arrested/questioning

Question 26

What is section 272?

Answer 26

10+years - Murder or manslaughter
12-13yrs - Offence punishable for 14+ years
12-13yrs - Previous offence other than murder/manslaughter + offence of max imprisonment at least 10 years but less than 14