Oranga Tamariki Act 1989 Flashcards
(12 cards)
Section 214 of the Oranga Tamariki Act
Arrest a child or young person without warrant
Officer must prove:
(a) that it is necessary to arrest that child or young person for the purpose of:
(i) ensuring their appearance before court
(ii) preventing that child or young person from committing further offences
(iii) preventing the loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the enforcement officer has reasonable cause to suspect that child or young person of having committed.
Note nothing in sub section (1) prevents a constable from arresting a child or young person without warrant on a charge of any cat 3 or 4 offence (RCTS) and if the arrest is required in the public interest.
section 215 OT act
When a young person is in custody and about to be questioned by Police about an offence:
Police must explain:
The right to silence, and
The right to consult a lawyer and a nominated person.
⚖️ Police must take reasonable steps to ensure:
The young person understands their rights, and
A nominated person or lawyer is present during questioning, unless:
The young person chooses not to have them present, and
That choice is made freely and voluntarily.
section 218 OT act
Every explanation required to be given to a child or young person pursuant to section 215 or section 215A or section 216 or section 217 shall be given in a manner and in language that is appropriate to the age and level of understanding of the child or young person.
who can be a nominated person? s 222 OT act
(a)
a parent or guardian of the child or young person:
(b)
an adult member of the family, whanau, or family group of the child or young person:
(c)
any other adult selected by the child or young person:
(d)
if the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c), any adult (not being an enforcement officer) nominated for the purpose by an enforcement officer.
what does doli incapax mean?
Doli Incapax = “incapable of evil” (Latin)
Refers to the legal presumption that a child under a certain age is not capable of forming criminal intent (mens rea).
🧒 In New Zealand:
Children under 10: Cannot be charged with any criminal offence.
Aged 10–13: Can only be charged with serious offences (e.g. murder or manslaughter), and the prosecution must prove they understood their actions were wrong (not just naughty).
⚖️ This protects young children from criminal liability unless they clearly understand the moral wrongness of their conduct.
What is the difference between a “child” and a “young person” under the Oranga Tamariki Act 1989?
Definitions – Section 2, Oranga Tamariki Act 1989:
Child:
A person under the age of 14 years.
Young Person:
A person aged 14 or over but under 18 years.
when do rights need to be explained to a child/ young person?
1 when person is under arrest
2 when police have reasonable grounds to suspect them of having committed an offence
3 before asking any questions of the person that are intended to obtain an admission of an offence
4 when during the course of questioning a person an enforcement officer forms the view that there are reasonable grounds to suspect the person of having committed an offence
5 when the person makes an enquiry of the enforcement officer about all or part of the rights in section 215 . only the right enquired about needs to be explained or given.
what do you tell the youth / young person when you decide to charge
you must inform them of their rights under s 215 as soon as you decide to charge.
section 218
children and young persons need to have certain right and information explained to them in a manner and in a language that is appropriate to their age and level of understanding.
section 219
no explanation need to given to a child/young person about their rights if it has already been given less that a hour prior.
