Oranga Tamariki Act, Section 48

Question 1

Where would I find S. 48 of the OT Act 1989?

Answer 1

Part 2: Care and Protection of CYP’s

Question 2

What title is Section 48 under the OT Act 1989?

Answer 2

Unaccompanied CYP’s

Question 3

Explain sub-section (1) of Section 48 of the OT Act 1989?

Answer 3

(1) Where CYP is found ACCOMPANIED by a:
- Parent or
- Guardian or
- Other person who usually has care of the CYP
…in a situation in which the CYP’s physical or mental health:
- is being
- or is likely to be
…impaired, a Constable may, using such force as may reasonably necessary, take the CYP

Question 4

Explain sub-section (1)(a) of Section 48 of the OT Act 1989?

Answer 4

(a) With the CONSENT of the CYP, DELIVER the CYP into the CUSTODY of a:
- Parent or
- Guardian or
- other person usually having the care of the CYP, or

Question 5

Explain sub-section (1)(b) of Section 48 of the OT Act 1989?

Answer 5

(b) If -
(i) The CYP does not wish to be returned to a:
- Parent or
- Guardian or
- Other person usually having the care of the CYP; or
(ii) No:
- Parent or
- Guardian or
- Other such person
…is willing or able to have custody of the CYP, -

• Place the CYP in the CUSTODY of the C.E. by DELIVERING the CYP to [the C.E. acting through the C.E.’s delegate]

Question 6

Explain sub-section (2) and (2)(a) of Section 48 of the OT Act 1989?

Answer 6

(2) Placement of a CYP in the custody of the C.E. shall be sufficient authority for the detention of the CYP by [the delegate] or in a residence under this Act until -

(a) The CYP AGREES to being returned to a:
- Parent or
- Guardian or
- Other person usually having the care of
…the CYP who is willing to have the care of the CYP; or

Question 7

Explain sub-section (2) and (2)(b) of Section 48 of the OT Act 1989?

Answer 7

(2) Placement of a CYP in the custody of the C.E. shall be sufficient authority for the detention of the CYP by [the delegate] or in a residence under this Act until -
(b) An application is made to the Court for a Care and Protection Order of this Act and the CYP is brought before the Court for the purpose of determining whether the CYP is to be held in custody pending the disposal of the application; or

Question 8

Explain sub-section (2) and (2)(c) of Section 48 of the OT Act 1989?

Answer 8

(2) Placement of a CYP in the custody of the C.E. shall be sufficient authority for the detention of the CYP by [the delegate] or in a residence under this Act until -
(c) Where the circumstances of the case indicate that the CYP is, or may be, in need of CARE or PROTECTION, the expiry of 5 days after the day on which the CYP was placed in custody, or in any other case, 3 days after that date - whichever first occurs.

Question 9

Explain sub-section (3)of Section 48 of the OT Act 1989?

Answer 9

In subsections (1) and (2) of this section the term YOUNG PERSON means ‘a person of or over the age of 14 but under the age of [18 years]’.