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Oranga Tamariki Act 1989

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

48: Unaccompanied children and young persons

You could also call this:

"Help for kids and teens who are alone and need a safe place to stay"

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and you are alone, a constable can help you. The constable can take you to a safe place if you are in a situation that is bad for your health. You can go with the constable if you want to.

If you do not want to go back to your parents or the people who usually take care of you, the constable can take you to someone who works for the chief executive. The chief executive is a person in charge of helping children and young people. You will be safe with this person.

You can stay with this person until you agree to go back to your parents or the people who usually take care of you. You can also stay until a court decides what to do with you, or for a few days until someone figures out what is best for you. A young person is someone who is 14 years old or more, but not yet 18 years old.

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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=DLM150022.

Topics:
Crime and justice > Police and safetyFamily and relationships > Children and parenting
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47: Report to be sent to Ombudsman if child or young person released before required to be brought before court, or

"Telling the Ombudsman when a child is released from custody before going to court"

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49: Court may order medical examination of child or young person, or

"The court can order a doctor to check if a child is safe and healthy."

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

48Unaccompanied children and young persons

  1. Where a child or young person is found unaccompanied by a parent or guardian or other person who usually has the care of the child or young person in a situation in which the child's or young person's physical or mental health is being, or is likely to be, impaired, a constable may, using such force as may reasonably be necessary, take the child or young person and—

  2. with the consent of the child or young person, deliver the child or young person into the custody of a parent or guardian or other person usually having the care of the child or young person; or
    1. if—
      1. the child or young person does not wish to be returned to a parent or guardian or other person having the care of the child or young person; or
        1. no parent or guardian or other such person is willing or able to have custody of the child or young person,—
          2. place the child or young person in the custody of the chief executive by delivering the child or young person to the chief executive (acting through the chief executive’s delegate).

        2. Placement of a child or young person in the custody of the chief executive shall be sufficient authority for the detention of the child or young person by the delegate or in a residence under this Act until—

        3. the child or young person agrees to being returned to a parent or guardian or other person usually having the care of the child or young person who is willing to have the care of the child or young person; or
          1. an application is made to the court for a care or protection order and the child or young person is brought before the court for the purpose of determining whether the child or young person is to be held in custody pending the disposal of the application; or
            1. where the circumstances of the case indicate that the child or young person is, or may be, in need of care or protection, the expiry of 5 days after the day on which the child or young person was placed in custody, or in any other case, 3 days after that date—
                1. whichever first occurs.

              1. In subsections (1) and (2) the term young person means a person of or over the age of 14 years but under the age of 18 years.

              Compare
              • 1974 No 72 s 12
              • 1981 No 113 s 50
              • 1982 No 135 s 4
              Notes
              • Section 48(1): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 48(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 48(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
              • Section 48(1)(b): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
              • Section 48(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 48(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
              • Section 48(2)(b): amended, on , by section 38 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 48(3): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).