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Oranga Tamariki Act 1989

Youth justice - Custody of child or young person following arrest or pending hearing

234: Custody of child or young person following arrest

You could also call this:

"What happens to you if you're a child or young person and you get arrested"

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and you get arrested, a constable has to decide what to do with you. The constable can release you, or release you on bail if you are allowed to be released on bail under section 21 of the Bail Act 2000. The constable can also give you to someone who cares for you, like a parent or guardian.

The constable can give you to an iwi social service or cultural social service if you agree to it. They can also give you to another person or organisation that the chief executive or a constable has approved, if you agree to it. This is what happens when you are arrested and you are a child or young person, but there are some other rules that the constable has to follow, like what is said in sections 235, 236, and 244.

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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=DLM152939.

Topics:
Crime and justice > Police and safetyCrime and justice > Courts and legal help
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"What happens if you're arrested: you might be cared for by Oranga Tamariki."

Part 4Youth justice
Custody of child or young person following arrest or pending hearing

234Custody of child or young person following arrest

  1. Subject to sections 235, 236, and 244, where a child or young person is arrested with or without warrant, a constable shall—

  2. release the child or young person; or
    1. where the child or young person may be released on bail under section 21 of the Bail Act 2000, release the child or young person on bail; or
      1. deliver the child or young person into the custody of—
        1. any parent or guardian or other person having the care of the child or young person; or
          1. with the agreement of the child or young person, any iwi social service or cultural social service; or
            1. with the agreement of the child or young person, any other person or organisation approved by the chief executive or a constable for the purpose.

            Compare
            • 1974 No 72 s 43(1)
            • 1982 No 135 s 10
            • 1983 No 129 s 10(1)
            Notes
            • Section 234: amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 234(b): replaced, on , by section 74(2) of the Bail Act 2000 (2000 No 38).
            • Section 234(c)(ii): replaced, on , by section 46 of the Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
            • Section 234(c)(iii): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 234(c)(iii): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).