Oranga Tamariki Act 1989

Question 1

Oranga Tamariki Act 1989 Section 42

Answer 1

OTA 1989 s.42 - Search without warrant

[saving you]

• Any constable believes on reasonable grounds
• is Critically Necessary to protect CYP from injury/death
• enter / search (force if necessary)
• dwellinghouse, building, aircraft, ship, carriage, vehicle, premises, place
• Remove / Detain CYP (force if necessary)
• Place CYP in custody of OT

Question 2

Oranga Tamariki Act 1989 Section 48

Answer 2

OTA 1989 s.48 - CYP Found Unaccompanied

[where’s your mate?]

• Found unaccompanied
• Situation where Physical / Mental Health wellbeing / likely to be impaired
• Take (reasonable force)
• Deliver to custody of parent/guardian/other person
• Place in custody of OT

Question 3

Oranga Tamariki Act 1989 Section 39

Answer 3

OTA 1989 s.39 - Place of safety warrant

Question 4

Oranga Tamariki Act 1989 Section 214 & 214A

Answer 4

OTA 1989 s.214 - Arrest CYP without warrant

WEEP

OTA 1989 s.214A - Arrest CYP breach of bail (only if breached bail twice before)

Must arrest if cat 3/4 offence, & in public interest. Also do EBA procedure.

Must report arrest to commissioner within 3 days.

Question 5

Oranga Tamariki Act 1989 Section 215 & 215A

Answer 5

OTA 1989 s.215 - CYP must be given Rights before asked questions

OTA 1989 s.215A - CYP questions about Rights must be answered appropriately

Question 6

Oranga Tamariki Act 1989 Section 216

Answer 6

OTA 1989 s.216 - If charged during questioning, CYP must be informed of Rights

Question 7

Oranga Tamariki Act 1989 Section 217

Answer 7

OTA 1989 s.217 - On arrest CYP must be told Rights

Question 8

Oranga Tamariki Act 1989 Section 218

Answer 8

OTA 1989 s.218 - Rights must be given to CYP in language they understand

Question 9

Oranga Tamariki Act 1989 Section 219

Answer 9

OTA 1989 s.219 - Don’t need to repeat rights if given in last hour

Question 10

Oranga Tamariki Act 1989 Section 222

Answer 10

OTA 1989 s.222 - Nominated person

[choose a person for you]

Must be:

• 20 or older
• Officer has right to object person
• Officer may nominate person if CYP refuses or can’t choose

Cannot be:

• Police officer (unless parent)
• Co-Offender
• Someone who can’t make it
• Someone who can’t be located

Question 11

Oranga Tamariki Act 1989 Section 223

Answer 11

OTA 1989 s. 223 - Spontaneous Statement

[spontaneously said to me]

Oral statement made spontaneously by CYP before Police have reasonable opportunity to comply with requirements of the Act

Question 12

WEEP

Answer 12

• Witness
• Evidence
• Ensure court appearance
• Prevent further offences

Question 13

Child is how old?

Answer 13

13 or younger

Question 14

Young person is how old?

Answer 14

14 - 17

Question 15

Criminal Liability

Answer 15

under 10
- Go free

10+
- Murder / Manslaughter

10 - 13
- Did they know it was wrong?

12 - 13

• Offence 14+ years penalty (no previous offences)
• Offence 10+ years penalty (previous offences)

14-17
- Criminally responsible (dealt with YAS/FGC/Youth Court)

18
- Treated as adult