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Oranga Tamariki Act 1989

Youth justice - Entitlement to consult barrister or solicitor

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and you go to an enforcement agency office for questioning, you have the right to talk to a barrister or solicitor. The enforcement officer must tell you about this right as soon as possible after you arrive at the office. You can consult with a barrister or solicitor privately at the office.

If you are arrested, the enforcement officer must inform you that you can talk to a barrister or solicitor at the office where you are being taken. This is the case whether you are arrested at an office or taken to one after being arrested. The officer must tell you about this right when they arrest you.

You are allowed to talk to a barrister or solicitor in private at the enforcement agency office, but there are some exceptions, which are explained in sections 233 and 244. There is also another law, section 13G(3) of the Misuse of Drugs Amendment Act 1978, that is not affected by your right to talk to a barrister or solicitor.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152927.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safety
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226: Evidence of communications during consultation not admissible, or

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

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228: Entitlement of child or young person to consult with barrister or solicitor where taken to hospital following arrest or questioned at hospital, or

"Your right to talk to a lawyer when you're at hospital and in trouble with the police"

Part 4Youth justice
Entitlement to consult barrister or solicitor

227Child 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

  1. Subject to sections 233 and 244, an enforcement officer shall, in relation to any child or young person who is at an enforcement agency office for questioning in relation to the commission or possible commission of an offence by that child or young person, as soon as practicable after the child or young person arrives at the enforcement agency office, inform that child or young person that the child or young person is entitled to consult with a barrister or solicitor.

  2. Subject to sections 233 and 244, every enforcement officer who arrests a child or young person shall, on arresting the child or young person, inform the child or young person that the child or young person is entitled to consult with a barrister or solicitor at the enforcement agency office to which the child or young person is to be taken following arrest or, if the child or young person is arrested at an enforcement agency office, at that office.

  3. Subject to sections 233 and 244, every child or young person who is at an enforcement agency office for questioning in relation to the commission or possible commission of an offence by that child or young person, or who is taken to an enforcement agency office following arrest, or who is arrested at an enforcement agency office, as the case may be, is entitled to consult privately with a barrister or solicitor at that enforcement agency office.

  4. Nothing in subsection (3) limits section 13G(3) of the Misuse of Drugs Amendment Act 1978.