Plain language law

New Zealand law explained for everyone

Oranga Tamariki Act 1989

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

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and an enforcement officer is questioning you about something you might have done wrong, they will decide if they want to charge you with an offence. If they decide to charge you, the enforcement officer must explain some things to you. They will tell you about the things listed in section 215(1), except if you are under arrest, they will only explain some of those things. The enforcement officer will explain your rights, but there are some exceptions, which are mentioned in sections 233 and 244.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM152910.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
Previous

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

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

Next

217: Rights to be explained to child or young person who is arrested, or

"When arrested, police must explain your rights to you"

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

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

  1. Subject to sections 233 and 244, where—

  2. an enforcement officer is questioning a child or young person in relation to the commission or possible commission of an offence by that child or young person; and
    1. that enforcement officer decides to charge that child or young person with an offence,—
        1. the enforcement officer shall explain to that child or young person—
      1. except where the child or young person is under arrest, the matters specified in paragraphs (a) and (b) of section 215(1); and
        1. the matters specified in paragraphs (c) to (f) of section 215(1).

          Notes
          • Section 216(b): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).