Oranga Tamariki Act 1989 Flashcards
Child Definition
OTA 1989
A boy or girl under the age of 14 years
Young Person Definition
OTA 1989
A boy or girl of or over the age of 14 years but under 18 years: but does not include any person
who is or has been married, or in a civil union.
Section 6
Paramount Principle
OTA 1989
The welfare and interests of the child or young person shall be the first and paramount consideration.
Section 42
OTA 1989
Search without warrant
Any Constable who believes on reasonable grounds
that is is CRITICALLY NECESSARY to protect a child or young person from injury or death
may without warrant ENTER and SEARCH (by force if necessary)
dwellinghouse, building, aircraft, ship, carriage, vehiclepremises or place
REMOVE or DETAIN (by force if necessary) the child or young person
PLACE the child or young person in the custody of the OT
Section 39
OTA 1989
Place of Safety Warrant
ENTER and SEARCH (by force if necessary)
If they believe on reasonable grounds that the CYP:
has suffered, or
is likely to suffer
ill-treatment, serious neglect, abuse, serious deprivation or serious harm
REMOVE or DETAIN the child or young person (using force if necessary)
Section 48
OTA 1989
Child or Young Person Found Unaccompanied
Where a child or young person is
FOUND UNACCOMPANIED
- by a parent
- guardian
- other person who usually cares for them
in a situation in which their
PHYSICAL OR MENTAL HEALTH IS BEING, OR LIKELY TO BE, IMPAIRED
a constable may (using reasonable force)
TAKE
the child or young person
with their consent
DELIVER
them into the custody of parent- guardian-other person
if no consent is given or caregivers are unwilling to take them
PLACE
the child or young person in the custody of the OT.
Section 10B
Summary Offences Act 1981
Children Left Unaccompanied
- 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
A successful prosecution depends on the length of time and/or the conditions in which the child is left being unreasonable with regard to all circumstances.
Section 214
OTA 1989
Powers of Arrest for CYP - WEEP
− prevent interference with witnesses.
− ensure the child or young person’s appearance at court
− prevent loss/destruction of evidence
− prevent further offences
Exceptions
- If the arrest is for a category 4 or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years
- and the arrest is required in the public interest,
- or the arrest is necessary to carry out breath/blood-alcohol provisions of the Land Transport Act 1998.
Reporting
You must report the arrest to the Commissioner of Police within three days.
Section 222
OTA 1989
Nominated Person
These include:
A parent or guardian of the child or young person;
An adult member of the family, whänau, or family group of the child or young person; or
Any other adult selected by the child or young person.
Note:
If the parent of the child or young person is an enforcement officer, then they are allowed to be a nominated person.
The Act prevents Police asking other enforcement officers to be a nominated person.
“Adult” (except for a parent or guardian) means a person who has attained the age of 20 years.
Age of Criminal Responsibilty
Section 272
OTA 1989
Children who break the law, but do not fit into the above table, will still be dealt with by YAS.
No person under 10 years of age shall be convicted of an offence.
No person of the age of 10 but under the age of 14, shall be convicted of any offence unless they knew the act or omission was wrong or that it was contrary to law.
A person aged from 14 but under the age of 17 is criminally responsible for their actions. If a young person breaks the law, they will be dealt with by YAS, and / or a FGC and / or the Youth Court.
A person aged 17 is treated as an adult and the special protections for children and young persons no longer apply.
Section 229
OTA 1989
Notification of Parents
Whenever you arrest a child or young person or take them to the police station for questioning, you must notify the parents and other persons nominated by the child or young person.
Admissibility Rules
No statement made by a child or young person is admissible UNLESS
Rights / Caution explained
AND
Child or young person allowed to consult with solicitor and/or nominated person if they wish to
AND
Statement made in presence of (one of the following):
− Lawyer and/or
− person nominated by child or young person
(Police may disallow nominated person in certain circumstances).
Section 4
Acts Main Principles
Oranga Tamariki Act 1989
1) They are held accountable, and encouraged to accept responsibilty for their behaviour
2) They are dealt with in a way that aknowledges their needs and that will give them the opportunity to develop in responsible, beneficial and socially acceptable ways.
Section 215
When to explain rights
Oranga Tamariki Act 1989
- When there are reasonable grounds to suspect the child or young person has committed an offence, (Section 215).
- Before asking the child or young person questions intended to obtain an admission of an offence, (Section 215).
- When, during questioning, the officer forms reasonable grounds to suspect the child or young person has committed an offence, (Section 215).
- When, during questioning, the officer has decided to charge the child or young person, (Section 216).
- On arresting the child or young person, (Section 217).
- Where a child or young person being questioned in relation to their involvement in any offence, makes any inquiry relating to the explanation of rights. The police officer must explain any of those matters as may be appropriate to the inquiry, (Section 215A).
- No explanation need be given if the same explanation has been given in the last hour, (Section 219).
Definition of a child or young person in need of care
The child or young person is likely to be
- Harmed (sexually, emotionally or physically)
- ill treated
- abused or seriously deprived
