Oranga Tamariki Act 1989

Youth justice - Rights of children and young persons when questioned, charged with offence, or arrested

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

You could also call this:

"You have the right to know your rights before a police officer asks you questions."

Illustration for Oranga Tamariki Act 1989

Before an enforcement officer questions you, they must explain your rights. They have to tell you that you do not have to answer their questions. You are also entitled to have a lawyer and someone you choose with you when you are questioned.

The enforcement officer must explain that you can stop talking to them at any time. They also have to tell you that anything you say can be used as evidence. If the enforcement officer thinks you might have done something wrong, they have to explain your rights again before they continue questioning you.

If you are under arrest, some of these rules do not apply. The enforcement officer must follow the rules in section 222 when explaining your rights. They also have to consider sections 233 and 244 when deciding what to do.

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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=DLM152905.


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214B: Arrest of person aged 17 years released on bail by District Court or High Court, or

"Arrest of a 17-year-old on bail: Police can arrest you without a warrant if you break bail rules."


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215A: Rights to be explained to child or young person on request, or

"Know Your Rights: Enforcement Officers Must Explain Things to You"

Part 4Youth justice
Rights of children and young persons when questioned, charged with offence, or arrested

215Child or young person to be informed of rights before questioned by enforcement officer

  1. Subject to sections 233 and 244, every enforcement officer shall, before questioning any child or young person whom there are reasonable grounds to suspect of having committed an offence, or before asking any child or young person any question intended to obtain an admission of an offence, explain to that child or young person—

  2. subject to subsection (2), if the circumstances are such that the enforcement officer would have power to arrest the child or young person without warrant, that the child or young person may be arrested if, by refusing to give their name and address to the enforcement officer, the child or young person cannot be served with a summons; and
    1. subject to subsection (2), that the child or young person is not obliged to accompany the enforcement officer to any place for the purpose of being questioned, and that if the child or young person consents to do so, the child or young person may withdraw that consent at any time; and
      1. that the child or young person is under no obligation to make or give any statement; and
        1. that if the child or young person consents to make or give a statement, the child or young person may withdraw that consent at any time; and
          1. that any statement made or given may be used in evidence in any proceedings; and
            1. that the child or young person is entitled to consult with, and make or give any statement in the presence of, a barrister or solicitor and any person nominated by the child or young person in accordance with section 222.
              1. Nothing in paragraph (a) or paragraph (b) of subsection (1) applies where the child or young person is under arrest.

              2. Without limiting subsection (1), where, during the course of questioning a child or young person, an enforcement officer forms the view that there are reasonable grounds to suspect the child or young person of having committed an offence, the enforcement officer shall, before continuing the questioning, give the explanation required by that subsection.

              Notes
              • Section 215(1): amended, on , by section 30(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
              • Section 215(1)(a): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 215(1)(b): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 215(3): inserted, on , by section 30(2) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).