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Oranga Tamariki Act 1989

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

230: Evidence of communications during visit not admissible

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

When you are at a police station and someone visits you, what you talk about is private. If you are a child or young person, the police cannot use what you say to your visitor as evidence against you. This means that if you are charged with a crime, the police cannot tell the court what you said to your visitor while they were visiting you, as long as the visit happened because of a rule that lets people visit you, which is explained in section 229(2).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152931.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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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."

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231: Persons who may be nominated for the purposes of section 229(1)(a), or

"Who can support you when you're questioned or arrested"

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

230Evidence of communications during visit 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 who is at an enforcement agency office and any person who is visiting that child or young person pursuant to section 229(2) while that visit is taking place shall be admissible on behalf of the prosecution in any proceedings against that child or young person for any offence.