Oranga Tamariki Act 1989

Question 1

Define child and young person

Answer 1

Child - 0-14 years

Young person - older than 14 but younger than 18

Question 2

Identify the paramount principles of the OT Act

Answer 2

The well-being and best interests of the CYP are the first & paramount consideration.
S5 & S13

Question 3

Identify the police powers in S42 (OT ACT)

Answer 3

Power to search or enter a property without a warrant if critically necessary for the safety of a CYP - remove or detain, give rights & place in custody of OT

Question 4

Identify the powers in S48 of OT ACT

Answer 4

If a CYP is found unaccompanied in a public place and in a situation that may effect their mental or physical well-being, able to take them and deliver back home with consent. If they aren’t consenting to go back home or home doesn’t want them place in the custody of OT

Question 5

Who is the team police work with to investigate alleged child abuse?

Answer 5

Serious abuse team (SAT)

Question 6

What are the 4 sections that give police powers to remove a CYP

Answer 6

S39, S40, S42, S48

Question 7

What does S39 of the act relate to? (OT ACT)

Answer 7

Any person authorised by warrant to search for any CYP may enter & search any property. If they believe on reasonable grounds that the CYP has suffered or likely to suffer, remove or detain and place in the custody of OT

Question 8

What is involved in S10B of the summary & offences act?

Answer 8

Deals with leaving a child without reasonable supervision & care.

Question 9

Who is YAS

Answer 9

Youth aid services

Question 10

When should the commissioner being informed of the used power?

Answer 10

Within 3 days

Question 11

What is the criminal liability of a CYP under 10 years?

Answer 11

Can’t be criminally liable

Question 12

What is the criminal liability of a CYP 10+ years?

Answer 12

Murder/manslaughter

Question 13

What is the criminal liability of a CYP 12-13 years?

Answer 13

Murder/manslaughter - min 14 years or life imprisonment
And/or
Previous offender murder/manslaughter - min 10 years up to 14 years imprisonment.

Question 14

What are the necessary requirements when giving a CYP their rights?

Answer 14

(S218) every explanation of rights given to a CYP must be given in a manner and in a language that is appropriate to their age and level of understanding.

Question 15

When do you explain the rights to a CYP?

Answer 15

Before questioning.
When a CYP asks.
When you have decided to charge.
When you have arrested a CYP.
A statement will not be admissible unless right are given.

Question 16

How old must a nominated person must be in order to attend and be present during a CYP interview?

Answer 16

At least 20 years of age

Question 17

Outline S214A (OT ACT) and what it means to arrest a CYP?

Answer 17

214A allows a constable to arrest a CYP without warrant if the CYP has been released on bail, and believes on reasonable grounds that the CYP is breaching bail or has on 2 or more previous occasions breached a condition of that bail.

Question 18

What is a spontaneous statement?

Answer 18

A statement made before police have a chance to comply with the requirements of the act

Question 19

When is a CYP statement admissible?

Answer 19

Rights/cautions explained & CYP is allowed to consult with a lawyer or nominated person or both and a statement is made in the presence of either a lawyer or nominated person.

Question 20

What are the requirements for a nominated person?

Answer 20

It is a parent/guardian of the CYP.
An adult member of the family, family group of the CYP.
Any other adult selected by the CYP.

Question 21

When can a police officer object then nominated person?

Answer 21

If the nominated person is a co-offender.
If they can’t be located.
If they would not be available within a period of time that is reasonable in the circumstances.

Question 22

What happens if the CYP refuses to nominated a person?

Answer 22

An enforcement officer may nominate an adult as long as it is not an enforcement officer.

Question 23

What are the 4 primary considerations when CYP as committed an offence?

Answer 23

1. Well-being and best interest.
2. Public interest & safety.
3. Interest of any victim.
4. The accountability of the CYP for their behaviour.