Oranga Tamariki Act 1989

Question 1

What are the definitions for Child and Young person.

Answer 1

Child - under 14 years

Young person - over 14 years but under 18 years

Question 2

What is the golden rule of to OT act 1989

Answer 2

Best interests and wellbeing of CYP are paramount

Question 3

Section 42

Answer 3

Critically necessary to protect CYPS from injury or death. 
Without warrant 
-Enter
-Search
-Detain 
-Remove 
-Place 
Use force if required.

Question 4

What are your obligations under section 42?

Answer 4

• Produce ID/uniform
• State act and section you are using
• Inform commissioner within 3 days.

Question 5

Section 39

Answer 5

Place of safety warrant 
Need a warrant obtained by OT etc. 
CYP is likely to suffer abuse/neglect/deprivation.
-Enter
-Search
-Detain
-Remove
-Place 
-Force

Question 6

What are your obligations under section 39

Answer 6

• Produce ID/uniform
• State act and section you are using
• Inform commissioner within 3 days

Question 7

Section 48

Answer 7

CYP unaccompanied by parent/guardian/caregiver where there physical/mental health is being or likely to be impaired.

With consent - Deliver them to their parents/caregiver
Without consent - Place with OT

Question 8

Section 10B Summary offences Act 1981

Answer 8

Parent/caregiver leaves a child under 14 years without reasonable supervision or care for an unreasonable length of time or unreasonable circumstances.

Question 9

What are your options when dealing with a CYP for a suspected offence

Answer 9

1. ) Warn them
2. ) Report them to YAS for further action
3. ) Charge them (Section 214)

Question 10

Explain section 214

Answer 10

Arresting a young person or child
One of the following must be of concerns to arrest them.
W - Witness (safety)
E - Ensure appearance in court (details)
E - Evidence CADD
P - Prevent further offence.

Question 11

Parents/caregivers have the right to be…

Answer 11

Informed.

Question 12

What are the court’s 4 primary considerations when dealing with a CYP

Answer 12

1. The best interest/ wellbeing of the CYP
2. Public interest
3. Victim interest
4. Accountability of CYP

Question 13

Under what age can no CYP be charged for any offence?

Answer 13

10 years

Question 14

What are the offences that people under 14 years can be charged with?

Answer 14

10+ - Murder/Manslaughter
12-13 years - Offence 14+ years
12 - 13 years (with previous 14+ offence) - offences 10+

Question 15

Rights must be given in a…

Answer 15

language/way they understand.

Question 16

What are the exceptions to section 214?

Answer 16

• Offences 14 years+

- LTA 1998 blood/breath alcohol tests

Question 17

When must a youth be advised of their rights?

Answer 17

• Before questioning
• When they ask
• Charged
• Arrested

Question 18

Nominated person

Answer 18

Must be 20 years or over
Police can nominate of needed
Must be appropriate
Can’t be enforcement officer unless that officer is the parent.

Question 19

When arresting a CYP for category 3&4 offences - what must the arrest be?

Answer 19

In public interest.

Question 20

Section 214A

Answer 20

Police can arrest a youth on bail if...
- Breached bail 
AND 
-Have done so on 2 or more occasions
AND
-Have obtained consent prior from YAS/Sgt

Question 21

Section 221

Answer 21

No statement from a CYP is admissible unless….

1. ) They have been cautioned
2. )They are in the presence of a nominated person/Lawyer
3. ) Consult with Lawyer or nominated person if they wish.

Question 22

Section 223

Answer 22

Spontaneous statements

Question 23

Section 209

Answer 23

Can warn if Police think it is appropriate