Oranga Tamariki Act 1989

Question 1

Can under 10 years be charged?

Answer 1

No

Question 2

Can aged 10-11 years be charged?

Answer 2

Only for murder and manslaughter

Question 3

Can aged 12-13 years be charged?

Answer 3

Only for murder/manslaughter and offences with punishment over 14 years

Question 4

Can 14+ be charged?

Answer 4

If they are a serial offender

Question 5

Can aged 14-17 years be charged?

Answer 5

Yes. Fully liable

Question 6

Section 214? Oranga Tamariki act 1989

Answer 6

W = witness interference
E = ensure appearance in court
E = ensure no loss of evidence
P = prevent further offending

Unless arrest for category 3/4 offences

Must notify arrest of CYP within 3 days of commissioner

Question 7

Section 214A? Oranga tamariki act 1989

Answer 7

Arrest CYP for breach of bail
- has to have 2+ more occasions of breach of bail

Question 8

Section 9? Oranga Tamariki act 1989

Answer 8

Use suitable language for BOR

Question 9

Section 215? Oranga Tamariki act 1989

Answer 9

When to give BOR to CYP
- before questioning
- when CYP asks for rights
- when arresting
- for statements

Question 10

Section 221? Oranga Tamariki act 1989

Answer 10

CYP has a lawyer and/or a nominated person with them to make statements admissible

Question 11

Under section 221, Oranga Tamariki act 1989, what person cannot be nominated?

Answer 11

• under 20
• co offender
• enforcement officer
• likely to pervert the course of justice
• can’t be located
• not available in reasonable time

Question 12

What is the PARAMOUNT principle?

Answer 12

The WELLBEING
And BEST INTERESTS
of the CYP are FIRST
and PARAMOUNT consideration

Question 13

Section 14 and 14aa? Oranga Tamariki act 1989

Answer 13

Identifys when a child needs protection =

1. Parents abuse/ill treat
2. Parents have no control over child harmful behaviour
3. Child 10-14 commit serious crime/crimes

Question 14

How much time do you have to report an arrest of a CYP to a commissioner?

Answer 14

3 days

Question 15

Section 48? Oranga Tamariki act 1989

Answer 15

CYP for unaccompanied and their physical/mental health at risk

• if child consents, take them to parents
• if they don’t consent, take them to OT

Question 16

Section 10B? Oranga Tamariki act 1989

Answer 16

Parent not providing of reasonable supervision to under 14years
- use section 42

Question 17

Section 42? Oranga Tamariki act 1989

Answer 17

Search without warrant
- if critically necessary to prevent injury/death
- enter/search
- remove/detain/force if necessary
- place child in OT