Oranga Tamariki Act, 1989

Question 1

What is the paramount principle of the Oranga Tamariki Act 1989?
Section 6

Answer 1

The principle states: The welfare and interest of the child or young person shall be the first and paramount consideration.

Question 2

What is the definition of ‘child’?

Answer 2

Child is a boy or girl under the age of 14.

Question 3

What is the definition of ‘young person’?

Answer 3

Young person is a boy or girl of or over the age of 14yrs but under 18yrs; but does not include any person who is or has been married or in a civil union.

Question 4

What does Section 39 of the Oranga Tamariki Act 1989 cover and what powers does it give you?

Answer 4

Any person authorised by warrant under this section to search for any child or young person may;

• ENTER and SEARCH (by force if necessary)
• If they BELIEVE on reasonable grounds that the CYP has suffered or likely to suffer.
• REMOVE and DETAIN
• Place the CYP in the custody of Oranga Tamariki.

Question 5

Under what sections of the Oranga Tamariki Act 1989 do you need to notify the Commissioner for Children when you exercise the powers of that Act?

Answer 5

• Section 39

- Section 42

Question 6

What does Section 42 of the Oranga Tamariki Act 1989 cover and what powers does it give you?

Answer 6

Any constable who believes on reasonable grounds that it is;

• CRITICALLY NECESSARY to protect a CYP from injury or death.
• May without warrant ENTER and SEARCH
• REMOVE and DETAIN the CYP
• PLACE the CYP in the custody of Oranga Tamariki

Question 7

What does Section 48 of the Oranga Tamariki Act 1989 cover and what powers does it give you?

Answer 7

• Where a CYP is FOUND UNACCOMPANIED
• In a situation where their PHYSICAL OR MENTAL HEALTH IS BEING OR LIKELY TO BE IMPAIRED.
• A constable may (using reasonable force) TAKE the CYP.
• With their consent DELIVER them to the custody of their parent, guardian or other person.
• If no consent given, or person unwilling to take them, PLACE them in custody of Oranga Tamariki.

Question 8

Where can Section 48 of the Oranga Tamariki Act 1989 be used?

Answer 8

The power is available anywhere: This can be in public OR if they are found home alone.

Question 9

What does Section 10B of the Summary Offences Act, Children Left Unaccompanied, state?

Answer 9

• Being a parent or guardian or a person having care of a child UNDER THE AGE OF 14yrs,
• Leaves that child,
• Without making reasonable provision fo 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.