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Oranga Tamariki Act 1989

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

235: Child or young person who is arrested may be placed in custody of chief executive

You could also call this:

"What happens if you're arrested: you might be cared for by Oranga Tamariki."

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and you get arrested, a police officer might put you in the care of the chief executive. This can happen if the police officer thinks you might not show up to court, or you might commit another crime. The police officer must do this as soon as possible, and no later than 24 hours after you get arrested. You will be placed in the care of the chief executive by being taken to them, and the police officer will give them some information about you, like your name and why you got arrested.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM152943.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyFamily and relationships > Children and parenting
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"What happens to you if you're a child or young person and you get arrested"

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

235Child or young person who is arrested may be placed in custody of chief executive

  1. Notwithstanding section 234 but subject to section 244, a constable, in relation to any child or young person who has been arrested and if subsection (1A) applies,—

  2. must place the child or young person in the custody of the chief executive in accordance with subsection (2); and
    1. must do so as soon as practicable and not later than 24 hours after the arrest.

      1. This subsection applies if—

      2. the constable believes, on reasonable grounds, that—
        1. the child or young person is not likely to appear before the court; or
          1. the child or young person may commit further offences; or
            1. it is necessary to prevent—
              1. the loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the constable has reasonable cause to suspect the child or young person of having committed; or
                1. interference with any witness in respect of any such offence; or
              2. the child or young person has been arrested under section 214A and is likely to continue to breach any condition of bail.

                1. A child or young person shall be placed in the custody of the chief executive pursuant to this section by—

                2. delivering the child or young person to the chief executive (acting through the chief executive’s delegate); and
                  1. presenting to the delegate, on the prescribed form, details relating to—
                    1. the identity of the child or young person; and
                      1. the circumstances of the arrest of the child or young person; and
                        1. the date and time of the intended appearance of the child or young person before the court having jurisdiction in the matter in relation to which the child or young person was arrested.

                        2. Placement of a child or young person in the custody of the chief executive under subsection (1) shall be sufficient authority for the detention of the child or young person by a delegate or in a residence under this Act, or under the care of any suitable person approved by a delegate.

                        3. No constable shall exercise the power conferred by subsection (1) merely because the constable believes that any child or young person is in need of care or protection (as defined in section 14).

                        Compare
                        • 1974 No 72 s 43(2), (5)
                        • 1982 No 135 s 10
                        • 1983 No 129 s 10(2), (3)
                        Notes
                        • Section 235 heading: amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                        • Section 235(1): replaced, on , by section 41(4) of the Bail Amendment Act 2013 (2013 No 66).
                        • Section 235(1A): inserted, on , by section 41(4) of the Bail Amendment Act 2013 (2013 No 66).
                        • Section 235(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                        • Section 235(2)(a): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                        • Section 235(2)(a): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                        • Section 235(2)(b): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                        • Section 235(3): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
                        • Section 235(3): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                        • Section 235(4): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).