OT Care and protection

Question 1

What is the outline paramount principle of the OT Act 1989 S4A?

Answer 1

Interests of the child or young person.

Question 2

Evidence has been gained by the police that a 12-year-old child has been sexually
abused by her stepfather. What is likely to have occurred? and what act and section does this come under?

Answer 2

OT Act 1989 s14AA (1) (a)

The child or young person is being, or is likely to be, abused physically, emotionally or sexually, deprived, ill-treated, or neglected.

Question 3

A child is continually being shouted at and being made to stand in the corner for
long periods of time when they soil their underpants. What else is likely to have occurred? What act and section does this come under?

Answer 3

OT Act 1989, s14AA(2)(a)

the child’s or young person’s development or physical or mental or
emotional wellbeing is being, or is likely to be, impaired or neglected,
and that impairment or neglect is, or is likely to be avoidable

Question 4

A baby is found in a rubbish bin outside the local hospital. What else is likely to have occurred? What section and act does this come under?

Answer 4

OT Act 1989, s14AA(1)(b)

-The parents or guardians or other persons having the care of the child or young person are unwilling to care for, or have abandoned them

Question 5

What is defined as a Child?

Answer 5

-A person under the age of 14 years

Question 6

What is defined as a Young Person?

Answer 6

-A boy or girl of or over the age of 14 years but under 18nyears.

Question 7

While on patrol, you receive the following radio message from Comms. “Go to 46 Plevna Road, Mount Eden. The neighbours report that the parents at the house have just left for the local pub and the neighbours are aware that there are two children aged one year
and four years left in the house. They can hear crying. You are aware that you have a power of entry without warrant.

In these circumstances where do you find your power to enter the house?

Answer 7

OT Act 1989 s42

Question 8

What must you have reasonable grounds to believe before

you can enter the house?

Answer 8

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

Question 9

What five actions does this power (OT Act 1989 s42) allow you to do?

Answer 9

• ENTER and
• SEARCH the house -REMOVE or
• DETAIN (by force if necessary)
• PLACE on the care of Oranga Tamariki.

Question 10

You are now in the house when a person arrives and states she is the grandmother of the two children. You realise that there are two Statutory Obligations that must be carried
out immediately.

What are those obligations?

Answer 10

Produce evidence of identity.

State the section you are using (Section 42 Oranga Tamariki Act 1989).

Inform the commissioner of the use of this power via the notifications link on the 10/1 page within 3 days.

Question 11

What Act and section deal with ‘Place of Safety’ warrants?

Answer 11

OT Act 1989 s39

Question 12

What does OT Act 1989 s39 allow police to do?

Answer 12

Once the warrant is issued:

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 Oranga Tamariki

Question 13

It is now 1.30 am and you see a group of youths sitting in the local park. You speak to them and ascertain that they are drinking ‘Coca Cola’ and smoking cigarettes. The group consists of three people: a 20-year-old
male, an 18-year-old male and a 13-year-old female. The female is not related to either of the males.
In these circumstances where do you find your power to deal with the 13-year-old?

Answer 13

OT Act 1989 s48 (out the gate)

Question 14

What criteria must exist before you can use OT Act 1989 s48?

Answer 14

A child or young person must be:
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

Question 15

In the OT Act 1989 s48, what does this power allow you to do?

Answer 15

A Constable may:
-TAKE the child or young person with their consent DELIVER them into the custody of parent or guardian

-If no consent is given you take the child or young person in the custody of the Oranga Tamariki.

Question 16

Your partner states that as the child or young person is not going to face charges that
you do not have to give the Bill of Rights to them under the above section.
What is the correct position in this case? Explain your answer.

Answer 16

They are being detained under an enactment so must be advised of their rights.

Question 17

Under the Search and Surveillance Act 2012 - Emergency Power to enter s14.

What does this give you the power to do?

Answer 17

Section 14 may also be used where you have reasonable grounds to suspect there is a risk to the life or safety of any person that requires emergency response.

Question 18

You are patrolling past the Red Lion Hotel when you see two young children sitting in a car outside the pub. You approach the car and speak with the children. You establish that the children are 7 years and 4 years of age. The 7-year-old says he is in charge. He then tells you that mum is in the pub and they have been there for over an hour. On entering the bar you find mum drinking with friends. She is very
merry to say the least and not in a suitable state to drive the car. You are aware that
leaving children in this type of situation is an offence.

What is the Act, section and elements of this offence for the offence committed by the mother?

Answer 18

Summary Offences Act 1981 s10B.

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

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.