Child and Young person

Question 1

Paramaunt principle Oranga Tamariki Act 89 Section 6

Answer 1

THE WELFARE AND INTEREST OF THE CHILD OR YOUNG PERSON SHALL BE FIRST AND PARAMOUNT CONSIDERATION

Question 2

CHILD / YOUNG PERSON DEFINITIONS

Answer 2

CHILD <14yo

YOUNG <18yo

Question 3

Section 14, child in need of care and protection

Answer 3

• Likely to or have been harmed, ill-treated, abused, seriously deprived.
• Development neglected or impaired
• Serious differenced between CYP and guardians that impact wellbeing of CYP
• CYP behaves harmful to himself/others
• Guardians of CYP are unable or unwilling to control him.
• Child 10 to 14yo offence that would harm his wellbeing
• Guardians unwilling/unable to care for CYP
• Guardians abandon CYP
• Serious differences between guardians that harm the CYP
• Guardians does not spend enough time with CYP to form psychological attachment

Question 4

Search without warrant Section 42

Answer 4

ANY CONSTABLE WHO BELIEVES ON REASONABLE GROUND

CRITICALLY NECESSARY TO PROTECT CYP FROM INJURY OR DEATH

MAY ENTER AND SEARCH WOU WARRANT

ANY HOUSE/SHIP/…

AND REMOVE OR DETAIN THE CYP

PLACE CYP IN CUSTODY OF Oranga Tamariki

Question 5

PLACE OF SAFETY WARRANT Section 39

Answer 5

AUTHORISED PERSON BY WARRANT

CAN ENTER AND SEARCH

ANY HOUSE/SHIP…

IF BELIEVE REASONABLE GROUNDS THAT CYP: HAS SUFFERED
OR
IS LIKELY TO SUFFER
SERIOUS NEGLET/ABUSE…

REMOVE
OR
DETAIN
CYP

PLACE CYP IN OT CUSTODY

Question 6

Section 48 POLICE POWER

Answer 6

CYP FOUND UNACCOMPANIED BY
GUARDIAN/PARENT/CARER…

IN A SITUATION IN WHICH THEIR PHYSICAL OR MENTAL HEALTH IS BEING OR LIKELY TO BE IMPAREID

CONSTABLE MAY TAKE THE CYP

WITH THEIR CONSENT DELIVER THEM TO THE CUSTODY OF PARENTS/GUARDIAN…

NO CONSENT OR GUARDIANS UNWILLING THAN PLACE IN OT CUSTODY.

Question 7

Summary Offence Act 1981. Section 10B

Answer 7

PARENT OR GUARDIAN OF CHILD <14 YEARS

LEAVES THAT CHILD

W/OUT ARRANGING SUPERVISION

FOR UNREASONABLE TIME OR CIRCUMSTANCES

Question 8

YOUTH JUSTICE YOUNG PERSON DEFINITION

Answer 8

> 17 years

Question 9

Age of criminal responsibility - section 272 (1)

Answer 9

> 10yo =Murder or Manslaughter
12-13 yo= + Only if min 14 year sentence is applicable
12-13 years with previous offence= + sentence between 10 and 14 sentence

> 10yo can’t be committed of any offence
10-14 yo only convicted if they understand it was wrong
14-17 = youth court
17yo adult

Question 10

Section 8 (informing parents)

Answer 10

Any interaction that significantly affect CYP

Question 11

Power of arrest Section 224

Answer 11

Arrest if satisfied on reasonable grounds that needed to:
Prevent further offences
Prevent loss of evidence
Prevent interference with witnesses
Ensure CYP appearance in court. 

MUST REPORT ARREST OF CYP TO COMMISSIONER WITHIN 3 DAYS

Question 12

SECTION 222

Answer 12

CYP can nominate an adult as a suitable nominated person to be present at the interview with police. Nominated person need to be explained role and rights.

Question 13

File to complete when Warning CYP

Answer 13

POL258

Question 14

Admissibility of statement from a CYP

Answer 14

No statement made by a child or young person is admissible
UNLESS
Rights / Caution explained
AND
Child or young person allowed to consult with solicitor and/or nominated person if they wish to
AND
Statement made in presence of (one of the following):
− Lawyer and / or
− person nominated by child or young person