Oranga Tamariki Act 1989

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

236: Young person who is arrested may be detained in Police custody

You could also call this:

"What happens if you're a young person and get arrested by the Police"

Illustration for Oranga Tamariki Act 1989

If you are a young person and you get arrested, you might be kept in Police custody. This can happen if a senior Police officer and a person working for the chief executive think you might run away or be violent. They also need to think that there is no safe place for you to stay. If this happens, you can be kept in Police custody for more than 24 hours until you go to court. The people who made this decision will write a report and send it to their bosses, this report will say why you were kept in Police custody and how long you were there.

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 It might be out of date or be missing some parts.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=DLM152945.


Previous

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

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


Next

237: Child or young person who is arrested to be brought before court as soon as possible, or

"When a kid gets arrested, they must go to court quickly"

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

236Young person who is arrested may be detained in Police custody

  1. Notwithstanding the provisions of sections 234 and 235 but subject to section 244, where the chief executive (acting through the chief executive’s delegate) and a constable, being a senior sergeant or a constable who is of or above the level of position of inspector, are satisfied on reasonable grounds—

  2. that a young person who has been arrested is likely to abscond or be violent; and
    1. that suitable facilities for the detention in safe custody of that young person are not available to the chief executive,—
      1. the young person may, on the joint certificate in the prescribed form of the delegate and that constable, be detained in Police custody for a period exceeding 24 hours and until appearance before the court.

      2. If a joint certificate is issued under subsection (1), there shall, within 5 days after the day on which the certificate is issued, be furnished by the delegate to the chief executive and by the constable to the Commissioner of Police—

      3. a copy of the certificate; and
        1. a written report stating—
          1. the circumstances in which the certificate came to be issued; and
            1. the duration of the period for which the young person has been detained, or is likely to be detained, in Police custody.
            2. Any delegation by the chief executive of a function or power under this section must be made to a senior employee or senior employees of the department.

            Compare
            • 1974 No 72 s 43(3), (4)
            • 1982 No 135 s 10
            Notes
            • Section 236(1): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
            • Section 236(1): 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 236(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 236(1): amended, on , pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).
            • Section 236(1)(b): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
            • Section 236(2): 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 236(2): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
            • Section 236(3): inserted, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).