OTA 1989

Question 1

Oranga Tamariki Act 1989, s42?

Answer 1

Search without a warrant.

Question 2

Oranga Tamariki Act 1989, s48?

Answer 2

CYP found Unaccompanied.

Section 48 out too late

Question 3

Summary Offences Act 1981, s10B?

Answer 3

Child left unaccompanied.

Question 4

Oranga Tamariki Act 1989, s214?

Answer 4

Arrest CYP without a warrant. Only if WEEP applies.

Question 5

Oranga Tamariki Act 1989, s215 - When to explain rights to CYP?

Answer 5

• Before questioning.
• When CYP asks for rights.
• When decided to charge.
• Arrest CYP
• A statement will not be admissible unless th rights are given

Question 6

OTA, s221 - Admissiblilty requirements of CYP statement?

Answer 6

No statement by CYP is admissible, UNLESS:

• Rights/Caution
• CYP given opportunity to speak to lawyer/nominated person, and
• statement made in presence of lawyer/nominated person.

Question 7

OTA 1989, s4A - Paramount principle?

Answer 7

“The well-being and best interests of the child or young people are the first and paramount consideration”

Question 8

FGC?

Answer 8

Family Group Conference.

Question 9

YAS?

Answer 9

Youth Aid Service.

Question 10

Child is?

Answer 10

Under 14yrs

Question 11

Young Person is?

Answer 11

14 - 17 years old.

Question 12

Nominated person age?

Answer 12

20+ years old.

Can’t be enforcement officer unless a parent/guardian.

Question 13

Alleged child abuse, police work with what agencies?

Answer 13

• OT.

- OT Serious Abuse Team (SAT).

Question 14

Oranga Tamariki Act 1989, s42 - Search without warrant, explain process?

Answer 14

Critically necessary to protect CYP from injury or death,

Enter* property/ vehicle/ place
Search location
Detain* CYP
Remove* CYP
Place with OT

*force may be used if necessary.

Question 15

If using OTA 1989, s42, state what & obligation?

Answer 15

Search without warrant.

• produce your ID
• state use of s42
• inform commissioner within 3 days.

Question 16

Oranga Tamariki Act 1989, s39 - Place of safety warrant?

Answer 16

Have a warrant,
CYP is suffering or likely to suffer neglect/abuse/deprivation you may:

Enter* property/ vehicle/ place
Search location
Detain* CYP
Remove* CYP
Place with OT

*force may be used if necessary.

Question 17

Oranga Tamariki Act 1989, s39?

Answer 17

Place of safety warrant.

Question 18

Oranga Tamariki Act 1989, s48 - CYP founded unaccompanied?

Answer 18

Found any place,
In situation where their physical/mental health is or likely to be impaired,
Take with consent to parents,
Without consent, place custody OT.

Question 19

Criminal Responsibility?

Answer 19

Child under 10 - nil
Child 10+ yrs - Murder & Manslaughter.
Child 12&13 - Offence max penalty life or at least 14+yrs.
Child 12-13yrs - committed 14+yrs offence, reoffend offence 10-14yrs.

Question 20

Summary Offences Act 1981, s10B - Child left unaccompanied, explained?

Answer 20

Child under 14, left unaccompanied.

Question 21

Oranga Tamariki Act 1989, s214 - reason’s you can arrest CYP? WEEP

Answer 21

Witness interference
Evidence, loss or damage
Ensure appearance in court
Prevent further offences

Question 22

Who can’t be a nominated person? Police object.

Answer 22

• likely to pervert the course of justice.
• co-offender.
• can’t be located.
• can’t make it within reasonable time.

Question 23

Who must be informed of any police action that significantly affects a CYP?

Answer 23

Parent/guardian or nominated person/caregiver

Question 24

After Arrest CYP requirements?

Answer 24

• Submit CYP arrest/detain notification via bulletin boards.

- To Commissioner of Police with 3 days.

Question 25

Oranga Tamariki Act 1989, s214A?

Answer 25

Arrest for breach of bail without warrant.

Requirements:
CYP on bail
Breached bail 2 or more times.

*prior to arrest obtain approval from YAS/Sgt

Question 26

CYP Right/Caution differences?

Answer 26

• Explained in a language they understand.

- Have them explain each section back to you to see if they understand.