Oranga Tamariki Act 1989 - Care and Protection

Question 1

Define Child and Young Person

Answer 1

Child - A person under the age of 14

Young Person - A person between the age of 14 and younger than 18

Question 2

What is the paramount principle of the OTA1989?

Answer 2

The well-being and best interests of the CYP

Question 3

S42 OTA1989

Answer 3

Protect CYP from injury or death

• Any constable who believes on reasonable grounds
• that is critically necessary to protect a CYP from injury or death
• may without warrant enter or search (by force if necessary)
• dwelling house, building, aircraft, ship, carriage, vehicle, premises or place and
• remove or detain (by force if necessary) the CYP and
• Place the CYP in the custody of Oranga Tamariki.

When using this power Police must inform the Commissioner of Police within 3 days.

Question 4

S48 OTA1989

Answer 4

CYP found unaccompanied

• Where a CYP is found unaccompanied, by a parent, guardian, other person who usually cares for them
• in a situation in which their physical or mental health is being, or likely to be impaired
• a constable may use such force as may reasonably be necessary to take the CYP
• with their consent, deliver them into the custody of parent/guardian
• if no consent is given or caregivers are unwilling to take them, place the CYP in the custody of Oranga Tamariki.

Question 5

S10B Summary Offences Act 1981

Answer 5

Child left unaccompanied

• Being a parent or guardian or the person having the care of a child
• 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.

Penalty - $2000

Question 6

Who should be notified about suspected child abuse?

Answer 6

The Oranga Tamariki Serious Abuse Team (SAT). They work in partnership with the Police Child Protection Team (CPT).

Question 7

What does ‘in need of care and protection’ mean when referring to OTA?

Answer 7

2 behaviours -

1. Parents/caregivers who abuse/ill-treat their children or are unable or unwilling to look after them, and
2. CYP who will not obey/listen to their parents or wilfully misbehaviour to a serious degree.

(includes physical, mental, emotional, sexual, neglect)

Question 8

What 5 actions does S42 OTA1989 allow you to do?

Answer 8

Enter and
Search the house
Remove or 
Detain (by force if necessary) 
Place in the care of OT

Question 9

When must you inform the Commissioner of Police of your use of S42?

Answer 9

Police policy - by the end of the shift

Law- Within 3 days via the notification link on the 10/1 page.

Question 10

What is a Place of Safety warrant? S39 OTA1989

Answer 10

Enter and Search the house, (by force if necessary)
If they believe on reasonable grounds that the CYP
• has suffered,
• or is likely to suffer ill-treatment, serious neglect, abuse, serious deprivation or serious harm
Remove or Detain (by force if necessary)
Place in the care of OT

Question 11

What does S48 OTA allow you to do?

Answer 11

TAKE CYP, with their consent DELIVER them into the custody of parent/caregiver, or if no consent given or parent/caregiver unwilling to take them, PLACE CYP in the custody of OT.

Question 12

What are your obligations of S42?

Answer 12

On entering

• Produce ID
• State you are using OTA 1989, S42

Question 13

What is S8 OTA1989?

Answer 13

Must inform parent or caregiver of any actions we take in regard to their children.