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Oranga Tamariki Act 1989

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

226: Evidence of communications during consultation not admissible

You could also call this:

"What you say in a consultation is private and can't be used against you in court."

Illustration for Oranga Tamariki Act 1989

When you are talking to someone as part of a consultation, what you say is private. If you are a child or young person, the law says that what you talk about during this consultation cannot be used against you in court. This means that if you say something to the person you are consulting with, the police or prosecutor cannot use that information to try to prove you did something wrong, as long as you said it while the consultation was happening, as outlined in section 221(2)(b).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152925.

Topics:
Crime and justice > Courts and legal helpRights and equality > Privacy
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225: Other enactments relating to admissibility of statements or confessions, or requiring information or particulars to be given, not affected, or

"Other laws about what you can say in court or tell officials still apply."

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227: Child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or arrested entitled to consult with barrister or solicitor, or

"Your right to talk to a lawyer when questioned by police"

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

226Evidence of communications during consultation not admissible

  1. Notwithstanding any other enactment or rule of law, no evidence of any communication (whether oral, written, or in any other form) that occurs between a child or young person and any person with whom that child or young person is consulting pursuant to section 221(2)(b) while that consultation is taking place shall be admissible on behalf of the prosecution in any proceedings against that child or young person for any offence.