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Oranga Tamariki Act 1989

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

242: Order under section 238 sufficient authority for detention of child or young person

You could also call this:

"A court order is enough to keep you in a safe place if you're a child or young person."

Illustration for Oranga Tamariki Act 1989

If you are a child or young person and the court makes an order under section 238(1)(d), this order is enough to keep you in a special home or with the Police. The Police can keep you for up to 24 hours if they think you might run away or be violent, and there is no other safe place for you to stay. You will be checked on regularly to make sure you are safe.

If you are a young person and the court makes an order under section 238(1)(e), this order is enough to keep you with the Police. If you are 17 years old and the court makes an order under section 238(1)(f), this order is enough to keep you in a special part of a prison for young people. You will be checked on regularly to make sure you are safe.

The person in charge can give some of their jobs to other senior staff members.

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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=DLM152963.

Topics:
Crime and justice > Courts and legal helpFamily and relationships > Children and parenting
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241: Review of orders made under section 238, or

"Checking if a court order about your care is still fair and working for you"

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243: Other powers to grant bail not affected, or

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

242Order under section 238 sufficient authority for detention of child or young person

  1. The making of an order under section 238(1)(d) for the detention of a child or young person in the custody of the chief executive shall be sufficient authority—

  2. for the detention of the child or young person in a residence under this Act; and
    1. for the detention of the child or young person in Police custody for a period of not more than 24 hours at any one time if 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—
      1. that the child or young person is likely to abscond or be violent; and
        1. that suitable facilities for the detention in safe custody of that child or young person are not available to the chief executive.

        2. The detention of a child or young person in a residence under subsection (1)(a) must be reviewed by the chief executive at least once every 14 days, unless special circumstances apply.

        3. The making of an order under section 238(1)(e) for the detention of a young person in Police custody shall be sufficient authority for the detention of the young person in Police custody.

        4. The making of an order under section 238(1)(f) for the detention of a young person (aged 17 years) in a youth unit of a prison is sufficient authority for the detention of that young person in a youth unit of a prison.

        5. The detention of a young person in a youth unit of a prison under subsection (2A) must be reviewed by the chief executive at least once every 14 days, unless special circumstances apply.

        6. Any delegation by the chief executive of a function or power under subsection (1)(b) must be made to a senior employee or senior employees of the department.

        Compare
        • 1974 No 72 s 43(8)
        • 1982 No 135 s 10
        Notes
        • Section 242(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
        • Section 242(1)(b): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
        • Section 242(1)(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 242(1)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
        • Section 242(1)(b): amended, on , pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).
        • Section 242(1)(b)(ii): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
        • Section 242(1A): inserted, on , by section 106(1) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
        • Section 242(2): amended, on , by section 7(3) of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
        • Section 242(2A): inserted, on , by section 106(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
        • Section 242(2B): inserted, on , by section 106(2) of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
        • Section 242(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).
        • Section 242(3): amended, on , by section 34 of the Oranga Tamariki Amendment Act 2022 (2022 No 81).