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Part 7Children and young persons in care of chief executive or other persons or bodies
Searches

384AInterpretation

  1. For the purposes of sections 384B to 384K,—

    harmful item means any article, drug, or substance that a member of staff has reasonable cause to believe is likely, while a child or young person is in a residence, to harm or to be used to harm that child or young person or any other person

      mail includes—

      1. a facsimile communication:
        1. electronic mail:
          1. an envelope or package

            manager means the person for the time being in charge of a residence

              member of staff means every person employed as a member of staff of a residence; and includes the manager of the residence

                pat down search means a search of a clothed child or young person in a residence in which the person conducting the search may do the following:

                1. run or pat the person’s hand over the body of the person being searched, whether inside or outside the clothing (other than any underclothing) of that person:
                  1. insert the person’s hand inside any pocket or pouch in the clothing (other than the underclothing) of the person being searched:
                    1. for the purpose of permitting a visual inspection, require the person being searched to do all or any of the following:
                      1. open the child’s or young person’s mouth:
                        1. display the palms of the child’s or young person’s hands:
                          1. display the soles of the child’s or young person’s feet:
                            1. lift or rub the child’s or young person’s hair:
                              1. remove, raise, lower, or open any outer clothing (including, without limitation, any coat, jacket, jumper, or cardigan) worn by the person being searched, except where the person has no other clothing, or only underclothing, under that outer clothing:
                                1. turn out any pocket or pouch, and display any hem, cuff, lining, or fold, in any outer clothing worn by that person:
                                  1. remove any head covering, gloves, or footwear (including socks or stockings) being worn by that person:
                                  2. conduct a visual examination (whether assisted by any instrument or device designed to illuminate or magnify) of the person's mouth, nose, and ears (not including the insertion of any instrument, device, or thing into such orifice)

                                    regulations means regulations made under section 447 relating to search and seizure

                                      residence means a residence established under section 364

                                        scanner search means a search of a child or young person by means of an electronic device passed over the clothed body of the person being searched and that does not include any touching (except any accidental touching) of the person being searched

                                          unauthorised item means any article, drug, or substance—

                                          1. that is a harmful item; or
                                            1. that may not be lawfully possessed by any child or young person in the residence.

                                            Notes
                                            • Section 384A: inserted, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act 2001 (2001 No 3).
                                            • Section 384A pat down search paragraph (a): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                                            • Section 384A pat down search paragraph (b): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                                            • Section 384A pat down search paragraph (c)(i): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                                            • Section 384A pat down search paragraph (c)(ii): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                                            • Section 384A pat down search paragraph (c)(iii): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                                            • Section 384A pat down search paragraph (c)(iv): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
                                            • Section 384A strip search: repealed, on , by section 31(1) of the Responding to Abuse in Care Legislation Amendment Act 2025 (2025 No 57).