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Oranga Tamariki Act 1989

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

222: Persons who may be nominated for the purposes of section 221(2)(b) or (c)

You could also call this:

"Who can help you when you're talking to the police"

Illustration for Oranga Tamariki Act 1989

You can choose someone to help you when you are talking to the police or making a statement. You can pick a parent or guardian, an adult family member, or any other adult you want. If you do not choose someone, a police officer can pick an adult to help you.

If a police officer thinks the person you chose might try to stop justice from happening, or if they cannot find that person, they might not let you talk to them. In that case, you can choose someone else to help you.

The person you choose has to make sure you understand what is happening and support you when you are talking to the police or making a statement. They have to support you before, during, and after you make a statement, if you agree to make one, as explained in section 221(2)(a).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152920.

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

222Persons who may be nominated for the purposes of section 221(2)(b) or (c)

  1. Subject to subsection (2), a child or young person may nominate one of the following persons for the purposes of section 221(2)(b) or (c):

  2. a parent or guardian of the child or young person:
    1. an adult member of the family, whanau, or family group of the child or young person:
      1. any other adult selected by the child or young person:
        1. if the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c), any adult (not being an enforcement officer) nominated for the purpose by an enforcement officer.

          1. Where an enforcement officer believes, on reasonable grounds, that any person nominated by a child or young person pursuant to subsection (1)(a) or (b) or (c),—

          2. if permitted to consult with the child or young person pursuant to section 221(2)(b), would attempt, or would be likely to attempt, to pervert the course of justice; or
            1. cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances,—
                1. that enforcement officer may refuse to allow the child or young person to consult with that person.

              1. Where, pursuant to subsection (2), a child or young person is not permitted to consult with a person nominated by that child or young person pursuant to subsection (1), that child or young person shall, subject to subsection (2), be permitted to consult with any other person nominated by that child or young person pursuant to subsection (1).

              2. It is the duty of any person nominated pursuant to subsection (1)—

              3. to take reasonable steps to ensure that the child or young person understands the matters explained to the child or young person under section 221(2)(a); and
                1. to support the child or young person—
                  1. before and during any questioning; and
                    1. if the child or young person agrees to make or give any statement, during the making or giving of the statement.

                    Notes
                    • Section 222(4): inserted, on , by section 32 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).