OT Act Cyf

Question 1

Section 39 Oranga Tamariki Act 1989 is in relation to..

Answer 1

Place of safety warrants

Any District Court Judge or, if no district court Judge available, any issuing officer, who on application in writing verified in accordance with S99 of that act, is satisfied that there are reasonable grounds for suspecting that a child or young person is suffering or is likely to suffer I’ll treatment, neglect, deprivation, abuse, or harm may issue a warrant authorising any Constable or the chief executive to search for the CYP.

May be performed by a social worker or other person authorised under a delegation to carry out that function.

An application under this may be made by a Constable or chief executive.

Any person executing a warrant to search for any CYP may
- enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place,
- if that person believes on reasonable grounds that the CYP has suffered or is likely to suffer I’ll treatment, serious neglect, abuse, serious deprivation or serious harm
- remove or detain by force if necessary the CYP and place the CYP in custody of the chief executive or
- where a CYP is in Hospital direct the medical superintendent of that hospital to keep that CYP in that hospital.

Question 2

Section 42 Oranga Tamariki Act 1989

Answer 2

Search without warrant

Any Constable who believes on reasonable grounds that it is critically necessary to protect a CYP from injury or death may without warrant
- enter and search by force if necessary any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place
- remove or detain by force if necessary the CYP and place the CYP in custody of the chief executive.

Name act and reason applies when exercising this power.

Must report to commissioner within 3 days.

Question 3

Section 48 Oranga Tamariki Act 1989

Answer 3

Unaccompanied CYPs

When CYP is found unaccompanied and is in a situation in which the CYPs physical or mental well being is or is likely to be impaired a Constable May using such force as may be reasonably necessary, take the CYP and
- with consent of CYP deliver them to parent or caregiver
-if child refuses and no other parent or guardian is willing or able to have custody
- place the CYP in the custody of the chief executive.

Placement of CYP in chief executive custody shall be sufficient authority for detention until
- the CYP agrees to being returned to a parent or guardian or other such person usually having the care of the child or who is willing to have care of the CYP. Or
- 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 disposal of the application or
-where the circumstances of the case indicate that the CYP is or may be in need of care and protection the expiry of 5 days after the day on which the CYP was first placed in custody or in any other case 3 days after that date.

Question 4

Definition of Young Person under Oranga Tamariki Act 1989

Answer 4

Under 18 but over 14

Question 5

Definition of child under OT Act

Answer 5

Under 14 years

Question 6

Section 208 OT Act

Answer 6

Principles

• that unless the public interest requires otherwise, criminal proceedings should not be instituted against a CYP if there is an alternative means of dealing with the matter
• that criminal proceedings should not be instituted against a CYP to provide any assistance or services needed to advance the wellbeing of the CYP or their family, whanau, hapu, or family group.
• that any measures for dealing with offending by CYPS should be designed to strengthen the family, whanau, hapu, iwi and family group of the CYP concerned and to foster the abilities for them to develop their own means of dealing with offending by their CYPS.
• that a CYP who commits an offence or is alleged to have committed an offence should be kept in the community so far as that is practicable and consonant with the need to ensure the safety of the public.
• that a CYPS age is a mitigating factor in determining whether or not to impose sanctions in respect of the offending and the nature of any such sanctions.
• that any sanctions imposed on a CYP who commits an offence should take the form most likely to maintain and promote the development of the CYP and their family group. Take the least restrictive form that is appropriate in the circumstances.
• that any measures for dealing with a offending by a CYP should so far as practicable address the underlying causes to the CYPs offending.
• consideration should be given to the interests and views of victims.

Question 7

Section 214 Oranga Tamariki Act 1989

Answer 7

Arrest of CYP without warrant

Officer must not arrest CYP unless satisfied on reasonable grounds
that it is necessary for the purpose of
- ensuring the CYPs appearance before Court or
-preventing that CYP from committing further offences or
Preventing the loss or destruction of evidence or preventing interference with any witness in respect of any such offence and
- where a CYP may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose.

14 year imprisonment offences
- required in public interest

Within 3 days must submit report to commissioner

Question 8

Section 214 A OT act

Answer 8

Arrest of CYP for breaches of bail

A Constable may arrest a CYP without warrant if
- the CYP has been released on bail and
- that Constable believes on reasonable grounds that
- the CYP has breached a condition of that bail and
- has on 2 or more previous occasions breached a condition of that bail (whether or not the same condition)

Question 9

Section 215 OT Act

Answer 9

Child or young person to be informed of rights before questioned by enforcement officer

Question 10

Section 215A OT act

Answer 10

Rights to be explained to CYP on request

Question 11

Section 216 OT Act

Answer 11

Rights to be explained to CYP who is to be charged with an offence

Question 12

Section 217 OT act

Answer 12

Rights to be explained to CYP who is arrested

Question 13

Section 218 OT Act

Answer 13

Rights to be explained to CYP in manner and language they understand (appropriate to the age and level of understanding)

Question 14

Section 219 OT Act 1989

Answer 14

Rights not required to be given to CYP if already been explained within 1 hour of having them explained to them.

Question 15

S 221 OT Act

Answer 15

Admissibility of statements made by CYPS

No statement made by a CYP is admissible unless
-beforehand the CYP was explained their rights in a manner and language they understand and
Nominated person was acquired

Question 16

Section 222 OT act

Answer 16

Persons who may be nominated by a CYP

• a parent or guardian
• an adult family member of the CYP
• any other adult selected by the CYP
• if child or young person refuses or fails to nominate, any adult (other than an enforcement officer) for the purpose of the act.

Question 17

When can enforcement officer refuse a CYPs nominated person

Answer 17

If officer believes
If permitted to consult with the CYP that they would likely attempt to pervert the course of justice or
- Cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances

Question 18

Duty of nominated person

Answer 18

Take reasonable steps to ensure CYP understands rights, before or during any questioning and before or during making any statement.

Question 19

Section 223

Answer 19

Spontaneous admissions

Admissions made before officer had reasonable opportunity to comply with section 221

Question 20

Section 229 OT act

Answer 20

To inform person nominated by CYP that they are at enforcement agency ( for questioning or arrest) and that they may be visited.
If nominated person not parents or CYP fails or refuses to nominate any one, inform parents or ordinary caregiver of child
-

Question 21

Section 233 OT act

Answer 21

Breath and blood alcohol provisions of land transport act not effected

Question 22

Section 234 OT Act

Answer 22

Custody of CYP following arrest

• release CYP
• release on bail
• deliver CYP into custody of any parent or other person having the care of the CYP
• with agreement of CYP any iwi social service or cultural social service or
  -with the agreement of the CYP any other person or organisation approved by the chief executive or a Constable for the purpose.

Question 23

Section 235 OT Act

Answer 23

CYP who is arrested may be placed in custody of chief executive no later than 24 hours after the arrest if
- a Constable believes on reasonable grounds that
-the CYP is not likely to appear before the court or
-the CYP may commit further offences or
-it is necessary to prevent the loss or destruction of evidence or
-interference with any witnesses or
- bail breach and is likely to continue to breach bail

Question 24

Placing child in the custody of the chief executive pursuant to section 235

Answer 24

A CYP shall be placed in the custody of the chief executive pursuant to s235 by
- delivering the CYP to the chief executive or acting through his or her delegate.
- presenting to the delegate on the prescribed form the details relating to the identity of the CYP, the circumstances of arrest, the date and time of the intended court appearance.

Question 25

Section 236 OT Act

Answer 25

Young person who is arrested may be detained in Police custody

Inspector is satisfied on reasonable grounds
- that a young person is likely to abscond or be violent
- the suitable facilities for the safe detention of that young person are not available to the chief executive

• the young person on the joint certificate in the prescribed form be detained in police custody for a period exceeding 24 hours and until appearance before the court.

Question 26

Who must be furnished with the joint certificate under S236

Answer 26

The commissioner within five days
A copy of the certificate and report stating circumstances and period of detention