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Oranga Tamariki Act 1989

Youth justice - Supervision with residence orders

318: Search without warrant

You could also call this:

"Police can search a place without permission to keep you safe"

Illustration for Oranga Tamariki Act 1989

To help keep you safe, a constable or the chief executive can enter and search a place without a warrant. They can do this to exercise the powers given to them in section 312 for a young person. They can enter a house, building, or vehicle and remove the young person if necessary. When they enter a place, they must show you their identity if you ask. They must also tell you that they are using the powers given to them in this section. You have the right to know who they are and why they are there.

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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=DLM154020.

Topics:
Crime and justice > Police and safety
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Part 4Youth justice
Supervision with residence orders

318Search without warrant

  1. For the purpose of exercising the powers conferred by section 312 in respect of any young person, any constable or the chief executive (acting through the chief executive’s delegate) or any other person authorised in that behalf by the chief executive may, without a warrant, enter and search, by force if necessary, any dwelling house, building, aircraft, ship, carriage, vehicle, premises, or place, and remove the young person.

  2. A person who exercises any powers under this section shall, on entering any dwelling house, building, aircraft, ship, carriage, vehicle, premises or place, and, if requested at any subsequent time,—

  3. produce evidence of identity; and
    1. disclose that those powers are being exercised under this section.

      Compare
      • 1974 No 72 s 49AB
      • 1983 No 129 s 13
      Notes
      • Section 318(1): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 318(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 318(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
      • Section 318(1): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
      • Section 318(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).