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Oranga Tamariki Act 1989

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

42: Search without warrant

You could also call this:

"Police can search a place without permission to keep a child safe"

Illustration for Oranga Tamariki Act 1989

If you are a police officer, you can enter and search a place without a warrant if you think it is necessary to protect a child or young person from injury or death. You can use force if necessary to enter the place and to remove or detain the child or young person, and then place them in the custody of the chief executive.

When you enter a place, you must show your identity and tell people why you are there, if they ask.

After you have used these powers, you must write a report to the Commissioner of Police within three days, explaining what you did and why.

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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=DLM150010.

Topics:
Crime and justice > Police and safetyFamily and relationships > Children and parenting
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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"

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43: Placement of child or young person placed in custody of chief executive, or

"What happens when you're placed in the care of Oranga Tamariki"

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

42Search without warrant

  1. Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,—

  2. enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
    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.

      1. Every constable who exercises any powers conferred by subsection (1) shall, on first entering any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place, and if requested, at any subsequent time,—

      2. produce evidence of identity; and
        1. disclose that those powers are being exercised under this section.

          1. A constable who exercises the power conferred by subsection (1) shall, within 3 days after the day on which the power is exercised, forward to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.

          Compare
          • 1974 No 72 s 8
          Notes
          • Section 42(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 42(1)(b): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
          • Section 42(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 42(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).