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Oranga Tamariki Act 1989

Care and protection of children and young persons - Powers to remove child or young person

40: Warrant to remove child or young person

You could also call this:

"A court order to keep you safe if you're in danger"

Illustration for Oranga Tamariki Act 1989

If someone thinks you are in danger, they can ask a judge for a special paper called a warrant. This warrant lets a police officer or someone from Oranga Tamariki find you and keep you safe. The judge will only give the warrant if they think you might be hurt or neglected.

You might be taken to a safe place, like a hospital, if the police or Oranga Tamariki think that's best for you. They can even ask the hospital to keep you there until it's safe for you to leave. The person in charge of Oranga Tamariki is called the chief executive, and they will be responsible for making sure you are safe.

A police officer or the chief executive can ask for the warrant, and they have to write down why they think you need to be kept safe. They can't just get a warrant because they think someone has done something wrong. The police or Oranga Tamariki can enter any place to find you and keep you safe, even if they have to use force.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150005.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Victim supportFamily and relationships > Children and parenting
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39: Place of safety warrants, or

"Warrants to keep children safe from harm"

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41: Person executing warrant to produce evidence of authority and identity, or

"People taking a child with a warrant must show ID and proof they can do this"

Part 2Care and protection of children and young persons
Powers to remove child or young person

40Warrant to remove child or young person

  1. Where an application for a care or protection order has been made in respect of a child or young person, any District Court Judge or, if no District Court Judge is available, a Family Court Associate or any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, on application in writing verified in accordance with section 99 of that Act, where there are reasonable grounds for believing that the child or young person is—

  2. suffering, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm; or
    1. so seriously disturbed as to be likely—
      1. to act in a manner harmful to the child or young person or any other person; or
        1. to cause serious damage to property,—
          2. issue a warrant authorising any constable, either by name or generally, or the chief executive, to search for the child or young person.

        2. The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorised under a delegation to carry out that function (see section 7C).

        3. An application for a warrant under subsection (1) may be made by a constable or the chief executive.

        4. The alleged commission of an offence shall not of itself be sufficient grounds for the issue of a warrant under this section.

        5. Any person executing a warrant to search for any child or young person may—

        6. enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
          1. either—
            1. remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive; or
              1. where the child or young person is in a hospital, direct the medical superintendent of that hospital to keep that child or young person in that hospital.

              2. Where any direction is issued pursuant to subsection (4)(b)(ii) in respect of any child or young person, that child or young person shall be deemed to have been placed in the custody of the chief executive pursuant to this section.

              Compare
              • 1974 No 72 s 28(1)–(3)
              Notes
              • Section 40(1): amended, on , by section 78 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).
              • Section 40(1): amended, on , by section 36 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 40(1): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
              • Section 40(1): amended, on , by section 207(2) of the Search and Surveillance Act 2012 (2012 No 24).
              • Section 40(1A): inserted, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
              • Section 40(2): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
              • Section 40(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
              • Section 40(4): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
              • Section 40(4)(b)(i): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
              • Section 40(5): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).