Oranga Tamariki Act 1989, Section 214

Question 1

What does Section 214 of the OT Act 1989 refer to?

Answer 1

Arrest of CYP without warrant.

Question 2

Explain sub-section (1)(a) of Section 214 of the OT Act 1989?

Answer 2

(1) Subject to Section 214A and Sections 233 and 244 of this Act, where, under ANY ENACTMENT, ANY enforcement officer has a power of arrest WITHOUT WARRANT, that officer shall NOT ARREST a CYP to that power UNLESS that officer is SATISFIED, on REASONABLE GROUNDS, -
(a) That it is necessary to arrest that CYP without warrant for the PURPOSE of -

(i) Ensuring the appearance of the CYP before the Court; or
(ii) Preventing that CYP from committing further offences; or
(iii) Preventing the loss or destruction of evidence relating to an offence committed by the CYP or an offence that the enforcement officer has REASONABLE CAUSE TO SUSPECT that CYP of having committed, or preventing interference with any witness in respect of any such offence; and

Question 3

Explain sub-section (1)(b) of Section 214 of the OT Act 1989?

Answer 3

(1) Subject to Section 214A and Sections 233 and 244 of this Act, where, under ANY ENACTMENT, ANY enforcement officer has a power of arrest WITHOUT WARRANT, that officer shall NOT ARREST a CYP to that power UNLESS that officer is SATISFIED, on REASONABLE GROUNDS, -
(b) Where the CYP may be proceeded against by way of SUMMONS, that proceeding by way of summons would not achieve that purpose.

Question 4

Explain sub-section (2)(a) of Section 214 of the OT Act 1989?

Answer 4

(2) Nothing in sub-section (1) of this Section PREVENTS a CONSTABLE from arresting a CYP without warrant on a charge of any offence where -
(a) The Constable HAS REASONABLE CAUSE TO SUSPECT that the CYP has committed a CATEGORY 4 OFFENCE or CATEGORY 3 OFFENCE for which the maximum penalty available is or includes IMPRISONMENT FOR LIFE or for at least 14 YEARS, and

Question 5

Explain sub-section (2)(b) of Section 214 of the OT Act 1989?

Answer 5

(2) Nothing in sub-section (1) of this Section PREVENTS a CONSTABLE from arresting a CYP without warrant on a charge of any offence where -
(b) The Constable believes, ON REASONABLE GROUNDS, that the arrest of the CYP is required in the PUBLIC INTEREST.

Question 6

Explain sub-section (3)(a) of Section 214 of the OT Act 1989?

Answer 6

(3) Every enforcement officer who arrests a CYP without warrant shall, within 3 DAYS of making the arrest, FURNISH A WRITTEN REPORT -
(a) Where that enforcement officer is a Constable, to the COMMISSIONER OF POLICE;

Question 7

Explain sub-section (3)(b) of Section 214 of the OT Act 1989?

Answer 7

(3) Every enforcement officer who arrests a CYP without warrant shall, within 3 DAYS of making the arrest, FURNISH A WRITTEN REPORT -
(b) Where that enforcement officer is a traffic officer who is a Police employee who is not a Constable, to the Commissioner of Police:

Question 8

Explain sub-section (3)(c) of Section 214 of the OT Act 1989?

Answer 8

(3) Every enforcement officer who arrests a CYP without warrant shall, within 3 DAYS of making the arrest, FURNISH A WRITTEN REPORT -
(c) Where that enforcement officer is an officer or employee of the Public Service, to the Chief Executive of the Department of which that person is an officer or employee.

Question 9

Explain sub-section (3)(d) of Section 214 of the OT Act 1989?

Answer 9

(3) Every enforcement officer who arrests a CYP without warrant shall, within 3 DAYS of making the arrest, FURNISH A WRITTEN REPORT -
(d) Where that Enforcement Officer is an officer of a Local Authority, to the Chief Executive of that Local Authority.

Question 10

Explain sub-section (4) of Section 214 of the OT Act 1989?

Answer 10

(4) Every report furnished pursuant to subsection (3) in respect of the arrest of any CYP shall STATE THE REASON why the CYP was arrested without warrant.