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Study At College > Oranga Tamarki Act 1988 > Flashcards

Oranga Tamarki Act 1988 Flashcards

1
Q

What is the definition of a child

A

A person under the age of 14 years

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2
Q

What is the definit6of a young person

A

A person of or over the age of 14 years but under 18 years

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3
Q

What is the paramount principal of the Act

A

The wellbeing and best interest of the child or young person are first and paramount consideration.

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4
Q

Under section 14 and 14AA when is a CYP in need of care and protection

A

Parents/caregivers who abuse/ I’ll treat their children or are unable or unwilling to look after them.

Children or young person who will not obey/listen to their parents or wilfully misbehaviour to a serious degree.

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5
Q

What agencies do police work with to investigate child abuse

A

Oranga Tamariki and the ministry of children
SAT - serious abuse team - OT
CPT - child protection team police
Youth aid - police

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6
Q

What powers do police have to remove a CYP

A

Place of safety warrant section 39
Warrant to remove section 40
Search without warrant section 42
CYP found unaccompanied section 48

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7
Q

What is section 42

A

Any constable who believes on reasonable grounds

That is CRITICALLY NECESSARY to protect a child or young perso from injury or death

May without warrant ENTER and SEARCH (by force if necessary)

Dwelling house, building, aircraft, ship, carriage, vehicle, premises or place

And

REMOVE or DETAIN (by force if necessary) the child or young person

And

PLACE the child or young person in the custody of OT

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8
Q

Who must you inform if you excercises the powers of 42

A

The commissioner within three days

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9
Q

What is section 48

A 
Where a child or young person is 
FOUND UNACCOMPAINED
by parent
By guardian
Other person who usually cares for them

In a situation in which their
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

With their consent DELIVER them in to the custody of a parent / guardian/ other person who usually cares for them

If no consent is given or caregivers are unwilling to take them PLACE into custody of OT

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10
Q

When you take a child home under section 48, do you need to give them their rights

A

Yes because you are detaining them.

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11
Q

What is section 10b summary offence act 1981

A

Being a parent or guardian or person having care of a child under age of 14 years

Leave that child

Without making reasonable provision for the supervision and car of the child

For a time that is unreasonable or under condition that are unreasonable having regards to all circumstances.

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12
Q

What is the criminal responsibility of a child 10 years +

A

The offence of murder or manslaughter

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13
Q

What is the criminal responsibility of a child 12&13 years

A

The offence is one (other than murder and manslaughter) for which the maximum penalty available is or includes imprisonment for life or at least 14 years

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14
Q

What is criminal responsibility (c) child 12-13 years

A

The child has either been convicted of or declared in need of care and protection after committing an offence which the maximum penalty is 14 years or more and now commits an offence for which the penalty at least 10 years but less than 14 years.

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15
Q

Crimes act 1961 section 21states under what age can I child not be convicted of an offence

A

Under 10 years of age

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16
Q

No person of the age of 10 but under 14 years shall be convicted in any offence unless

A

They knew the act or omission was wrong or that it was contrary to law.

17
Q

A person ages 14 but under 18 is criminally responsible for their actions

A

They will be dealt with by

Youth aid/ youth court

18
Q

What are the four primary consideration that a court or person must be guided by when exercising powers under the youth justice part of the act.

A

The well-being and best interest of the child or young person

The public interest

The interest of any victim

The accountability of the child or young person for their behavior

19
Q

Who must be informed of any police action the significantly affect a young person or child

A

Section 8 polices responsibilities to parents when dealing with a CYP.

If a police officer takes any action or
Makes any decision
That significantly affects that CYP
The officer shall inform as soon as practicable of
The officers actions and the reason for them
To any parent guardian or person having care of the child or young person
The information can be given orally and where practicable should be in writing.

20
Q

What does section 9 refer to

A

Peoples eight to receive information in a language they understand. An interpreter may be necessary.

21
Q

What does section 218 state

A

That every explanation of rights given to a child or young person must be given in a manner and in a language that is appropriate for their age

22
Q

When must a CYP be informed of their rights

A

Section 215 before questioning

Section 215A when the child or young person ask you about their rights

Section 216 when you have decided to charge

Section 217 when you have arrested a child or young person

Section 221 a statement will not be admissible unless rights are given in accordance with act

23
Q

What does section 214 and 214A refer to

A

The power to arrest without warrant, an officer shall not arrest a CYP unless the officer has reasonable ground that is is necessary to arrest the child for the purpose of

Ensuring appearance in court

Prevent the CYP from committing further offense

Prevent loss or destruction of evidence

Prevent interference with witness

Where the CYP may be proceeded against by way of summons Would not achieve the purpose.

R

24
Q

What are the exceptions to section 214 and 214A

A

If the arrest is for a category 4 or 3 offense which the maximum penalty avaliable is or includes imprisonment for life or at least 14 years

AND the arrest is required in the public interest

Or the arrest us necessary to carry breath/blood alcohol provisions of the land transport act 1998

25
Q

Do you need to report an arrest to the commissioner of police and if so whitin how many days

A

Yes within 3 days

26
Q

What is a category 3 offense

A

Imprisonment for two years or more, with right to elect trail by jury

27
Q

What is a category 4 offense

A

Very serious offense listed in schedule, punishable by life imprisonment or by 2 years or more imprisonment

28
Q

What does section 224A refer to

A

Power to arrest CYP without warrant
If CYP has been released on bail and

The constable believes on reasonable grounds
The CYP has breached the condition of bail and
The CYP has on 2 or more previous occasions breached a condition of that bail.

Before making an arrest you must have approval from a youth aid servant or in there absence your supervising sergant

29
Q

What is a admissibility rule

A 
No statement made by a CYP is admissible
UNLESS
rights/cautions explained
AND
Child or young person allowed to consult with lawyer or nominated person or both if they wish to
AND
Statement made in the presence of 
- lawyer or
- nominated person by CYP

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