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

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you are a child or young person, you can choose someone to be with you when you are questioned or arrested. You can choose a parent or guardian, an adult family member, or any other adult you want. If you do not choose someone, an enforcement officer can choose an adult for you, as long as that adult is not an enforcement officer. You can find more information about this in section 229(1)(a). An enforcement officer might not let the person you choose visit you if they think that person might try to interfere with the investigation.

If the person you choose is not allowed to visit you, you can choose someone else, and they will be allowed to visit you, as long as they are not likely to interfere with the investigation, according to section 229(2)(a). The person you choose has a duty to help you understand what is happening and to support you when you are being questioned or making a statement, as explained in section 221(2)(a). They should be with you before, during, and after questioning, and when you make a statement, if you agree to make one.

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 It might be out of date or be missing some parts.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=DLM152932.

Topics:
Crime and justice > Police and safetyCrime and justice > Victim supportCrime and justice > Criminal law
Previous

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."

Next

232: Notice of offence with which child or young person charged to be given to parents or guardians or other persons having care of child or young person, or

"Police must tell you and your parents or caregivers what you are charged with when you get in trouble with the law."

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

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

  1. Subject to subsection (2), a child or young person may nominate one of the following persons for the purposes of section 229(1)(a):

  2. a parent or guardian of the child or young person:
    1. an adult member of the family, whanau, or family group of the child or young person:
      1. any other adult selected by the child or young person:
        1. if the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c), any adult (not being an enforcement officer) nominated for the purpose by an enforcement officer.

          1. Where an enforcement officer believes, on reasonable grounds, that any person nominated by a child or young person pursuant to subsection (1)(a) or (b) or (c), if permitted to visit the child or young person pursuant to section 229(2)(a), would attempt, or would be likely to attempt, to pervert the course of justice, that enforcement officer may refuse to allow that person to visit the child or young person.

          2. Where, pursuant to subsection (2), a person nominated by a child or young person pursuant to subsection (1) is not permitted to visit that child or young person, any other person nominated by that child or young person pursuant to subsection (1) shall, subject to subsection (2), be permitted to visit that child or young person pursuant to section 229(2)(a).

          3. It is the duty of any person nominated pursuant to subsection (1)—

          4. to take reasonable steps to ensure that the child or young person understands the matters explained to the child or young person under section 221(2)(a); and
            1. to support the child or young person—
              1. before and during any questioning; and
                1. if the child or young person agrees to make or give any statement, during the making or giving of the statement.

                Notes
                • Section 231(4): inserted, on , by section 33 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).