Oranga Tamariki Act 1989

Youth justice - Entitlement to consult barrister or solicitor

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and you are taken to a hospital after being arrested, you can talk to a barrister or solicitor. You can also talk to a barrister or solicitor if you are arrested while you are already at a hospital, or if you are at a hospital and a police officer wants to ask you questions about something you might have done wrong. You are allowed to talk to the barrister or solicitor in private, at the hospital, as stated in the Oranga Tamariki Act 1989, but there are some exceptions, which are outlined in sections 233 and 244.

This rule does not change what is said in section 13G(3) of the Misuse of Drugs Amendment Act 1978. You have the right to talk to a barrister or solicitor in these situations. This is an important part of the law that is meant to protect you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152928.


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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"


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229: Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested, or

"Police must tell a trusted adult when a child or young person is at the police station."

Part 4Youth justice
Entitlement to consult barrister or solicitor

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

  1. Subject to sections 233 and 244, every child or young person—

  2. who is taken to a hospital for treatment following arrest; or
    1. who is arrested while at a hospital for treatment; or
      1. who, while at any hospital for treatment, is to be questioned by an enforcement officer in relation to the commission or possible commission of an offence by that child or young person—
        1. is entitled to consult privately with a barrister or solicitor at that hospital.

        2. Nothing in subsection (1) limits section 13G(3) of the Misuse of Drugs Amendment Act 1978.