Oranga Tamariki Act 1989

Question 1

The OT1989 is split in to two key sections. What are they?

Answer 1

Care and Protection
and
Youth Justice

Question 2

What is the definition of a child?

Answer 2

A person under the age of 14 years

Question 3

What is the definition of a young person?

Answer 3

A person 14 to 17 years

Question 4

At what age do you legally become an adult?

Answer 4

18 years

Question 5

Section 4A(1) of the OT1989 states that the two key principles of the Act are to ensure for the?

Answer 5

Well-being and best interests

“The well-being and best interests of the child or young person are the first and paramount principles”.

Question 6

The OT1989 recognises the need for who to be informed of any significant decisions or actions made?

Answer 6

The parents.

Section 8

Question 7

Section 9 of the OT1989 requires all decisions or actions made in respect of a child or young person to be set out in what manner?

Answer 7

A language and level that the individual understands.

Question 8

Section 14 of the OT1989 covers?

Answer 8

The definition of a CYP in need of care and protection.

Question 9

A child in need of care and protection is a child described in which section?

Answer 9

Section 14AA

Question 10

What other CYP’s require care and protection but are not necessarily likely to suffer serious harm as defined in s14AA OT1989?

Answer 10

CYP’s whose parents, guardian or caregivers are unable or unwilling to care for them.

Question 11

Section 42 of OT1989 allows for you to do what?

Answer 11

Enter, without warrant, any dwellinghouse, premises, vehicle, aircraft, ship or place
Search the place for the CYP
Remove the CYP (compliant)
Detain the CYP (non-compliant)
Place the child in the care of OT

Question 12

Section 42 allows you to enter, without warrant, in what circumstances?

Answer 12

Only if it is CRITICALLY NECESSARY.

Question 13

“Critically necessary” in relation to Section 42 OT1989 means what in the circumstances?

Answer 13

To protect from injury or death

Question 14

If you invoke a power of entry and search under Section 42 OT1989 you are obligated to provide what information?

Answer 14

• Identification

- That the power exercised is Section 42 of the Oranga Tamariki Act 1989.

Question 15

What is the main difference between a Section 42 entry and search vs a Section 39 place of safety warrant?

Answer 15

Section 42 is a warrantless power.

Section 39 requires a warrant to be granted.

Question 16

What section of the OT1989 allows you to take a CYP home or place them into OT custody if the are unaccompanied?

Answer 16

Section 48

Section 48 - out too late

Question 17

If you use Section 42 OT1989 what is the timeframe that you are required to report the use in?

Answer 17

By the end of shift (Police policy)

Question 18

What are the requirements to be able to use Section 48 OT1989?

Answer 18

• The CYP is found unaccompanied by their parent, guardian or caregiver
• The CYP is in a situation where their mental or physical health is being, or could be, impaired.

Question 19

There are two options available to you when using Section 48 OT1989, what are they?

Answer 19

With the CYP’s consent, take them home and place them into the care of their parent, guardian or caregiver.

If the CYP does not consent or the parent, guardian or caregiver is unwilling, deliver the CYP into the care of OT.

Question 20

Is Section 48 OT1989 a power of detention and does it have the power to use force, if necessary?

Answer 20

Yes - detention can be enacted if the CYP does not consent to be delivered back to their parent, guardian or caregiver.

Yes - force can be used if necessary to make this happen.

Question 21

If a CYP refuses to be taken back to their parent, guardian or caregiver, do they need to be given a rights caution?

Answer 21

Yes - as you would be detaining them to place them into the care of OT.

Question 22

Section 10B of the Summary Offences Act 1981 is an offence to deal with?

Answer 22

Leaving a child without reasonable supervision and care.

Question 23

What are the available options when it comes to dealing with criminal offending and children?

Answer 23

• Warn and report to YAS
• Investigate and report to YAS for them to action (with a recommendation)
• Arrest (provided the s214 wall can be claimed)

Question 24

What is Arrest vs Criminal Responsibility?

Answer 24

Arrest is about control of the offender.

Criminal liability is about the criminal proceedings.

Question 25

There are limitations as to which CYP'd can be charged with a criminal responsibility. What are those limitations?

Answer 25

Under 10 - nil responsibility 10yrs + - murder or manslaughter 12 - 13yrs no previous - 14yrs+ imprisonable 12 - 13yrs with previous - 10yrs+ imprisonable

Question 26

When should a CYP be given their BoR? (minimum 4 occasions)

Answer 26

- Questioning/interview if you suspect the CYP involved - If the CYP asks - When you decide to charge (sufficient evidence gathered) - If you arrest or detain

Question 27

When explaining a CYP's rights to them what sort of language must you explain it to them in and what must you check?

Answer 27

In a language and level that the CYP understands. You must check, at every step of the way, that they understand and can explain in their own words what the rights mean.

Question 28

Section 214 OT1989 sets out the occasions where a CYP can be arrested which are different to an adult. What are the barriers that must be met in order to arrest a CYP?

Answer 28

WEEP Witness - prevent interference or intimidation of the witness Ensuring - that the CYP appears in court - identity Evidence - protecting evidence of an offence committed by the CYP Prevent - preventing further offending by the CYP

Question 29

There are some exceptions to the section 214 OT1989 wall. What are they?

Answer 29

- Serious offending - anything carrying 14yrs + - EBA procedures under the LTA1998 - Immigration Act 2009 powers

Question 30

CYP who breach bail can be arrested only if they?

Answer 30

- they are believed (RGTB) to have breached bail AND - they have twice before breached that bail This must have authorisation from a YAS Sgt or if unavailable, your supervising Sgt.

Question 31

Section 221 OT1989 dictates the admissibility of statements made by CYP's. For a statement to be admissible it must be made in the presence of?

Answer 31

- a barrister or solicitor and/or - a nominated adult

Question 32

Section 215 OT1989 sets out the rights of a CYP. In addition to a lawyer, this allows for the CYP to nominate a suitable adult. Can Police object to the nominated adult?

Answer 32

Yes. On the grounds that the nominated adult is likely to attempt to pervert the course of justice or the person is suspected of being involved in the same offending.

Question 33

There is one exception to Section 221 OT1989 and the admissibility of statements. This comes under Section 223 and covers what eventuality?

Answer 33

Spontaneous admissions. BoR must be given at the earliest available opportunity however.

Question 34

Who is able to be a 'nominated adult'?

Answer 34

- Anyone nominated by the CYP who is over the age of 20 | - Not an enforcement officer (unless the enforcement officer is the parent of the CYP)

Question 35

Can a person nominated by a CYP be the CYP's co-accused?

Answer 35

No