CM03 - Oranga Tamariki Act 1989 Care and Protection

Question 1

What does Oranga Tamariki Act 1989 section 4A outline? (the paramount principle of the Act);

Answer 1

In all matters relating to the administration or application of this Act, the welfare and interests of the child or young person shall be the first and paramount consideration having regard to the principles set out in sections 5 and 13.

Question 2

In the OTA 1989 define CYP ages;

Answer 2

Child means a person under the age of 14 years

Young Person is a boy or girl of or over the age of 14 years but under 18 years

Question 3

What must you have reasonable grounds to believe before you can enter a house under section 42?

Answer 3

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

Question 4

What are the statutory obligations under section 42(2)?

Answer 4

Any member of police using this power must:

1. On first entering, and if requested at any subsequent time, produce evidence of identity
2. State they are using section 42 of the Oranga Tamariki Act 1989.
3. Within three days inform the Commissioner of the use of this power by forwarding a Child/Young Person Arrest/Removal notification in the Bulletin boards ‘Create Notification’ feature.

Question 5

Search & Surveillance Act 2012 – Emergency Power to Enter
Research section 14 Act.

What does this give you the power to do?

Answer 5

Section 14 may 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.

Warrantless entry to prevent offence or respond to risk to life or safety.

Question 6

What is Section 42 (1) of Oranga Tamariki Act 1989?

Search without warrant

Answer 6

Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,—

(a) enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
(b) remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive.

Question 7

Describe behaviours that indicate when a child or young person is in need of care and protection under Section 14 and 14AA;

Answer 7

1. Parents/caregivers who abuse/ill-treat their children or are unable or unwilling to look after them, and
2. Children or Young Persons who will not obey/listen their parents or wilfully misbehave to a serious degree.

Question 8

What are the four means of police powers which can be used to remove a child or young person?

Answer 8

• Place of Safety Warrant – section 39, Oranga Tamariki Act 1989.
• Warrant to Remove Child or Young Person – section 40, Oranga Tamariki Act 1989.
• Search Without Warrant – section 42, Oranga Tamariki Act 1989.

• Child or Young Person found Unaccompanied – section 48, Oranga
Tamariki Act 1989.

Question 9

Action is required immediately because it is CRITICALLY

NECESSARY to do so for the protection the CYP under what section?

Answer 9

Section 42 Oranga Tamariki Act 1989

Question 10

Action is NOT required to be carried out immediately because it
is NOT critically necessary, but action is desired under what section?

Answer 10

Section 39 Oranga Tamariki Act 1989

Question 11

The report to the Commissioner for Children includes what?

Answer 11

• the reasons for taking the action
• the evidence on which those reasons were based
• the solution that was reached

Question 12

Where police remove children or young persons who must be informed immediately?

Answer 12

Oranga Tamariki must be advised immediately so they can arrange a suitable placement.

Question 13

Section 10B Summary Offences Act deals with leaving a child without
reasonable supervision and care. What does it state?

Answer 13

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

Question 14

Removing Children and Young Persons from Home Principles;

Answer 14

• Children and young persons should be removed from home only as a last resort.
• If, in order to protect the child from further abuse, the choice is whether the alleged offender or the child leaves the home, the alleged offender should be removed, wherever possible.
• If police remove the adult offender, orders must be put in place to protect the child or young person.
• A child or young person cannot be removed from the home unless there is a serious risk of harm to the child or young person