Oranga Tamariki Act 1989

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

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and you are being questioned by an enforcement officer about something you might have done, you can ask them questions. If you ask about certain things, like what is happening to you or what your rights are, the enforcement officer must explain it to you. They will tell you what you need to know, based on what you asked.

The enforcement officer must follow certain rules, like those in sections 233 and 244, when explaining things to you. You can ask about things like what is going on, what might happen to you, or what you can do, and the enforcement officer will explain it to you. They will look at what you asked and explain the parts that are relevant to your question, based on what is said in section 215(1).

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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=DLM152908.


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

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


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216: Enforcement officer to explain rights to child or young person who is to be charged with offence, or

"When an enforcement officer thinks you might have done something wrong, they must explain your rights to you before charging you."

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

215ARights to be explained to child or young person on request

  1. Subject to sections 233 and 244, where—

  2. any enforcement officer is questioning any child or young person in relation to that child's or young person's involvement in the commission of any offence or suspected offence; and
    1. that child or young person makes any enquiry of that enforcement officer, being an enquiry that relates (in whole or in part), or that may reasonably be taken as relating (in whole or in part), to any of the matters set out in any of paragraphs (a) to (f) of section 215(1),—
      1. that enforcement officer shall explain to that child or young person such of those matters as, in the circumstances of the particular case, are appropriate to the enquiry that was made.

      Notes
      • Section 215A: inserted, on , by section 31(1) of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).