OT Act 1989

Question 1

How old is a “Child”

Answer 1

A person under 14

Question 2

How old is a “Young Person”

Answer 2

A person over 14 but under 18

Question 3

What is the Paramount Principle in Oranga Tamariki Act?

Answer 3

“The well-being and best interest of the CYP are the first and paramount consideration”

Question 4

What does Section 48 of the Oranga Tamariki Act 1989 refer to?

Answer 4

CYP found unaccompanied (48, out too late)

Question 5

What does Section 42 of the Oranga Tamariki Act 1989 refer to?

Answer 5

Search without warrant (critically necessary)

Question 6

What does Section 39 of the Oranga Tamariki Act 1989 refer to?

Answer 6

Place of Safety (Warrant) Care of Chief Executive

Question 7

What are the reporting requirements when removing a CYP in the Oranga Tamariki 1989 Act?

Answer 7

Report to Commissioner within 3 days, reporting on your reason, evidence and solution

Question 8

What does Section 10B of the Summary Offences Act 1981 refer to?

Answer 8

No children should be left unaccompanied under 14 years

Question 9

What is a child aged 10+ years criminally responsible for?

Answer 9

Murder and manslaughter

Question 10

What is a child aged 12 & 13 years criminally responsible for?

Answer 10

Murder and manslaughter
Any offence that is imprisonable for life or 14 years +

Question 11

What is a child aged 12-13 years criminally responsible for after already being convicted/declared in need of care and protection?

Answer 11

Any offence which is at least 10 years but less than 14 years

Question 12

Under Section 8 of the OT Act, who must you inform of any actions/decisions that significantly affect the CYP?

Answer 12

Parents/caregivers/guardians

Question 13

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

Answer 13

The powers of arrest

Question 14

Under Section 214 of the OT Act 1989, CYP should not be arrested unless it is necessary to?

Answer 14

Witness interference (prevent)
Ensure appearance at court
Evidential material (prevent loss)
Prevent further offence

Question 15

What are the exceptions for Section 214 of the OT Act 1989?

Answer 15

If arrest is for category 3 or 4 AND arrest is required in public interest
Arrest is necessary for EBA

Question 16

What is a Category 1 Offence?

Answer 16

Fines only - Fighting

Question 17

What is a Category 2 Offence?

Answer 17

Less than 2 years or community based sentence or fines

Question 18

What is a Category 3 Offence?

Answer 18

Imprisonment for 2 years or more, with right to elect trial by jury (10 - 14)

Question 19

What is a Category 4 Offence?

Answer 19

Very serious 2 years to life in prison (14+)

Question 20

Under Section 215 of the OT Act 1989, When do you have to explain CYP rights?

Answer 20

• Before questioning
• When the CYP asks you about their rights
• When you have decided to charge
• When you have arrested a CYP
• Statement will not be admissible unless rights are given

Question 21

What is a “Nominated Person”

Answer 21

Parent/guardian, adult family member/family group, any other adult (20 years older)

Question 22

Where are statements admissible in court under OT Act?

Answer 22

-When rights/caution have been explained
-CYP allowed to consult with lawyer or nominated person or both
-Statement made in presence of lawyer and nominated person

Question 23

What is the reporting procedure for arresting a CYP?

Answer 23

Submit report to commissioner within 3 days of the justification and why it was necessary

Question 24

No statement made by a child or young person is admissible unless given their rights and statement made in front of a nominated person. What is an exception to this?

Answer 24

An oral statement made spontaneously by a CYP