ORANGA TAMARIKI ACT 1989

Question 1

Oranga Tamariki Act 1989 Section 39

Answer 1

Place of safety warrants. (39 warrant time)

if that person believes, 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,—

Any person executing a warrant to search for any child or young person may—

(a) enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
(b) if that person believes, 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,—

(i) remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive; or
(ii) where 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.

Question 2

Oranga Tamariki Act 1989 Section 40

Answer 2

Warrant to remove child or young person

Judge can issue a warrant if:

a) suffering, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm; or
(b) so seriously disturbed as to be likely—
(i) to act in a manner harmful to the child or young person or any other person; or
(ii) to cause serious damage to property,Any person executing a warrant to search for any child or young person may—

(a) enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
(b) either—

(i) remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive; or
(ii) where 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.

Question 3

Oranga Tamarike Act 1989 Section 42

Answer 3

Search without warrant (42 gotta do)

(1) 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,—
(a) enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
(b) remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive.

(2) Every constable who exercises any powers conferred by subsection (1) shall, on first entering any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place, and if requested, at any subsequent time,—
(a) produce evidence of identity; and
(b) disclose that those powers are being exercised under this section.

Question 4

Oranga Tamarike Act 1989 Section 48

Answer 4

Unaccompanied children and young persons (48 found out late)

1) Where a child or young person is found unaccompanied by a parent or guardian or other person who usually has the care of the child or young person in a situation in which the child’s or young person’s physical or mental health is being, or is likely to be, impaired, a constable may, using such force as may reasonably be necessary, take the child or young person and—
(a) with the consent of the child or young person, deliver the child or young person into the custody of a parent or guardian or other person usually having the care of the child or young person; or
(b) if—

(i) the child or young person does not wish to be returned to a parent or guardian or other person having the care of the child or young person; or
(ii) no parent or guardian or other such person is willing or able to have custody of the child or young person,—

place the child or young person in the custody of the the chief executive (acting through the chief executive’s delegate) by delivering the child or young person to a social worker.

Question 5

Summary Offences Act 1981 10B

Answer 5

Leaving child without reasonable supervision and care

Every person is liable to a fine not exceeding $2,000 who, being a parent or guardian or a person for the time being having the care of a child under the age of 14 years, 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 6

Over riding Principle

Answer 6

The welfare and interests of the child or young person shall be the first and paramount consideration.

Question 7

Define Young Person

Answer 7

A boy or girl of or over the age of 14 years but under 18

Question 8

Define Child

Answer 8

A boy or girl under the age of 14 years

Question 9

Emergency powers to enter and remove a child or young person from a dangerous situation.

Answer 9

Section 42 Oranga Tamariki Act 1989

Section 14 Search and surveillance Act 2012

Question 10

Oranga Tamiriki Act 1989 Section 8

Answer 10

Parents and others to be informed of decisions

Notify Parents orally and where practicable, in writing

Question 11

Oranga Tamiriki Act 1989 Section 6 (Repealed)

Answer 11

Principles - Welfare and interests of child or young person paramount

Question 12

Oranga Tamiriki Act 1989 Section 214

Answer 12

Arrest of child or young person without warrant

Question 13

Oranga Tamiriki Act 1989 Section 215

Answer 13

Child or young person to be informed of rights before questioned by enforcement officer

Question 14

Oranga Tamiriki Act 1989 Section 222

Answer 14

Persons who may be nominated for the purposes of section 221(2)(b) or (c) (Nominated person)

Question 15

Oranga Tamiriki Act 1989 Section 218

Answer 15

Certain rights and information explained to children in a manner and in a language that is appropriate to their age and level of understanding.

Question 16

Oranga Tamiriki Act 1989 Section 14

Answer 16

Definition of child or young person in need of care or protection.

Question 17

W.E.E.P

Answer 17

WITNESS - prevent interference.
ENSURE - appearance in court.
EVIDENCE - prevent loss or damage.
PREVENT - Further offending.

Question 18

Oranga Tamiriki Act 1989 Section 272

Answer 18

Jurisdiction of Youth Court and children’s liability to be prosecuted for criminal offences

Question 19

S272 Criminal Responsibility - Child 10 years +

Answer 19

Where the child is of or over the age of 10 years, and the offence is murder or manslaughter:

Question 20

S272 Criminal Responsibility - Child 12-13 years

Answer 20

Where the child is aged 12 or 13 years, and the offence is one (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for life or for at least 14 years:

Question 21

S272 Criminal Responsibility - Child 12 – 13 years, previous offence

Answer 21

Where the child is aged 12 or 13 years and is a previous offender under 1A or 1B [of the Act], and the offence is one (other than murder or manslaughter) for which the maximum penalty available is or includes imprisonment for at least 10 years but less than 14 years.

Question 22

Oranga Tamiriki Act 1989 Section 216

Answer 22

Enforcement officer to explain rights to child or young person who is to be charged with offence

Question 23

Oranga Tamiriki Act 1989 Section 4A - Well-being and best interests of child or young person

Answer 23

The well-being and best interests of the child or young person are the first and paramount consideration