Oranga Tamariki

Question 1

What is ‘Doli Incapax’?

Answer 1

it is ancient common law presumption that children under a particular age are “incapable of evil”

• Under 10 can not be held legally responsible
• 10-13 also can not be criminally liable unless they knew their act or omission was wrong.

Question 2

Section 214 Oranga Tamariki Act 1989

Answer 2

It is necessary to arrest a CYP without Warrant for the purpose of:
- Ensure the appearance of CYP before the Court
- Prevent CYP from committing further offences
- Prevent loss or destruction of evidence relating to offence
- Prevent interference with any witness

AND where a CYP may proceed by way of summons, that summons would not achieve that purpose.

Question 3

Exceptions to 214 where you can always arrest?

Answer 3

RGTS a CYP has commited a category 3 or 4 offence with a penalty of 14 years or more
and
it is required in the public interest

Question 4

How long do you have to submit the youth notification following an arrest of a CYP?

Answer 4

3 days

Question 5

What is Section 215 of the Oranga Tamariki Act 1989?

Answer 5

The youth BOR

Question 6

Section 218, Oranga Tamariki Act 1989

Answer 6

Explanations to be given in a manner and language appropriate to the age and level of understanding of CYP

Manner vs language
age vs level of understanding

Question 7

Who can be a nominated person? (S222)

Answer 7

1. Parent of guardian
2. Adult family member or caregiver
3. Any other adult
4. If the CYP fails to nominate, any adult nominated by an enforement officer.

Question 8

When can you refuse a nominated person?

Answer 8

If permitted to consult with the CYP, would attempt or would likely attempt to prevert the course of justice

Cannot with reasonable diligence be located.