Plain language law

New Zealand law explained for everyone

Oranga Tamariki Act 1989

Youth justice - Notification of parents and other persons where child or young person being questioned or is arrested

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you are a child or young person who is being questioned by the police or has been arrested, the police must tell someone you trust that you are at the police station. This person can visit you at the police station and talk to you in private, but only if it is safe to do so. The police must also tell your parents or guardians that you are at the police station, unless you have chosen someone else to tell, or it is not possible to tell them.

If the person you trust is told that you are at the police station, they have the right to visit you and talk to you. When they visit, the police must explain some important things to them, such as what is happening to you and what your rights are. They can talk to you in private, but the police might need to listen in to make sure everyone is safe.

The police can stop the private conversation if they think it is not safe, or if they think someone might try to commit a crime. They can also listen in if they need to, to keep you and others safe. You can find more information about this in section 215(1) and sections 233 and 244.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152930.

Topics:
Crime and justice > Police and safety
Previous

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"

Next

230: Evidence of communications during visit not admissible, or

"What you say to visitors at the police station is private and can't be used against you."

Part 4Youth justice
Notification of parents and other persons where child or young person being questioned or is arrested

229Parents 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

  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, or who is at an enforcement agency office following arrest, as soon as practicable after the child or young person arrives at the enforcement agency office for questioning, or is taken to the enforcement agency office following arrest, or in the case of a child or young person who is arrested at an enforcement agency office, is arrested, as the case may be,—

  2. inform a person nominated by the child or young person in accordance with section 231 that the child or young person is at the enforcement agency office for questioning or has been arrested and that the child or young person may be visited at the enforcement agency office; and
    1. where—
      1. the person nominated by the child or young person for the purposes of paragraph (a) is not a parent or guardian or other person having the care of the child or young person; or
        1. the child or young person refuses or fails to nominate any person in accordance with section 231,—
          2. unless it is impracticable to do so, inform the parents or guardians or other persons having the care of the child or young person that the child or young person is at the enforcement agency office for questioning or has been arrested.

        2. Subject to sections 233 and 244, every person who is informed pursuant to subsection (1)(a) that a child or young person has been taken to an enforcement agency office or arrested—

        3. is entitled to visit that child or young person at the enforcement agency office; and
          1. shall, as soon as practicable after that person arrives at the enforcement agency office to visit the child or young person, have explained to that person by an enforcement officer, in language that can be understood by that person, the matters specified in paragraphs (c) to (f) of section 215(1); and
            1. subject to subsection (3), is entitled to consult privately with that child or young person during that visit.

              1. Nothing in subsection (2)(c) entitles any person to consult privately with a child or young person (being a child or young person who has been arrested)—

              2. in the absence of any enforcement officer who is for the time being guarding that child or young person; or
                1. otherwise than subject to such reasonable conditions as may be necessary to ensure the safety of the child or young person or to prevent the commission of any offence.

                  Compare
                  • Children's Services Ordinance 1986 ss 29, 32 (Australian Capital Territory)
                  Notes
                  • Section 229(2)(b): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).