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Oranga Tamariki Act 1989

Youth justice - Provisions relating to admissibility of statements made by children and young persons

221: Admissibility of statements made by children and young persons

You could also call this:

"What happens when kids and teens are questioned by the police and want to make a statement"

Illustration for Oranga Tamariki Act 1989

When you are being questioned by an enforcement officer about something you might have done wrong, this law applies to you. You must be told some important things before you make a statement, like what your rights are. The officer has to explain these things in a way that you can understand.

The officer has to tell you things like what you are accused of doing and what might happen to you. You have the right to talk to a lawyer or another person you trust before you make a statement. You can make a statement with one of these people present, like a lawyer or a family member.

If you do not choose someone to be with you, the law says that another adult, who is not an enforcement officer, can be there with you. This is to help make sure you are treated fairly and that you know your rights. The law is trying to protect you and make sure you are safe when you are talking to enforcement officers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152919.

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Crime and justice > Police and safetyCrime and justice > Criminal lawFamily and relationships > Children and parenting
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"Other laws still apply when you need to give information to the police or other officials."

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Part 4Youth justice
Provisions relating to admissibility of statements made by children and young persons

221Admissibility of statements made by children and young persons

  1. This section applies to—

  2. every child or young person who is being questioned by an enforcement officer in relation to the commission or possible commission of an offence by that child or young person:
    1. every child or young person—
      1. who has been arrested pursuant to section 214; or
        1. whom any enforcement officer has decided to charge with the commission of an offence; or
          1. who has been detained in the custody of an enforcement officer following arrest pursuant to section 214.

          2. Subject to sections 223 to 225 and sections 233 and 244, no oral or written statement made or given to any enforcement officer by a child or young person to whom this section applies is admissible in evidence in any proceedings against that child or young person for an offence unless—

          3. before the statement was made or given, the enforcement officer has explained in a manner and in language that is appropriate to the age and level of understanding of the child or young person,—
            1. except where subsection (1)(b)(i) or (iii) applies, 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); and
              2. where the child or young person wishes to consult with a barrister or solicitor and any person nominated by that child or young person in accordance with section 222, or either of those persons, before making or giving the statement, the child or young person consults with those persons or, as the case requires, that person; and
                1. the child or young person makes or gives the statement in the presence of 1 or more of the following persons:
                  1. a barrister or solicitor:
                    1. any person nominated by the child or young person in accordance with section 222:
                      1. where the child or young person refuses or fails to nominate any person in accordance with section 222,—
                        1. any person referred to in paragraph (a) or paragraph (b) of section 222(1); or
                          1. any other adult (not being an enforcement officer).

                        Notes
                        • Section 221(1)(b)(ii): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).