CM03/05: OTA protection + justice Flashcards
Oranga Tamariki Act year
1989
define child and young person
child - under 14 years
young person - 14- 18 years
what is the paramount principle of OTA - care and protection
‘… the well-being and best interests of the child or young person are the first and paramount consideration…’
section that allows warrantless entry to ‘property’ when it is CRITICALLY NECESSARY to protect CYP from injury or death
OTA 1989: section 42
if removed - timeframe to inform commissioner and timeframe to inform OT
Commissioner - within 3 days
OT - immediately
CYP found unaccompanied
section + where to take conditions
OTA1989: section 48
if physical or mental help is being or likely to be impaired.
1. with consent deliver to guardian
2. no consent or guardian does not want, place with OT
child left unaccompanied @ home or public place
not in danger here however, do not have reasonable
supervision or care
(offence) - just need act + section
SOA1981: section 10B
warrant to apply for if child is suffering or likely to suffer neglect/ absue
OTA1989: Pace of Safety Warrant section 39
OTA1989: section 209
consideration of warning alternative to prosecution
power to arrest proamiters section
section + exceptions
no arrest of CYP unless
- ensuring appearance in court
- safety of public
- interference with evidence/ witnesses
exception - category 3/4, interest of the public or of blood/breath test
arrest of CYP in breach of bail
section 214A
need approval from YAS
breaching bail 2 + times
Must provide recommendations to court for better bail conditions
no statement made my a CYP is admissble unless….
+ section
section 221
- rights/ caution explained
- statement made in presence of lawyer nominated person
-
spontaneous statements
admissible if not had reasonable opportunity to comply with 215
223
