Oranga Tamariki Act 1989

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

384C: Child or young person may be searched to detect unauthorised items

You could also call this:

"Staff can search you if they think you have something you're not allowed to have in a residence."

Illustration for Oranga Tamariki Act 1989

If you are a child or young person in a residence, a staff member can search you if they think you have something you are not allowed to have. They can use a scanner to search you, or they can pat you down, or they can search your room. The staff member must think you have the item for a good reason before they can search you. Before searching you, the staff member must ask you to hand over the item they think you have, and you must refuse or not give it to them, otherwise they cannot search you.

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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=DLM154395.


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"Checking mail for safety: when carers can look at letters sent to or from kids in care"


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384D: Use of dogs for searching, or

"Searching with dogs: what you need to know when Oranga Tamariki staff search you with a trained dog"

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

384CChild or young person may be searched to detect unauthorised items

  1. A member of staff, who believes on reasonable grounds that a child or young person in the residence has in their possession any unauthorised item, may carry out any of the following types of searches for the purpose of detecting that item:

  2. a scanner search of the child or young person:
    1. a pat down search of the child or young person:
      1. a search of any room or sleeping area assigned to the child or young person.
        1. Nothing in subsection (1)(c) limits or affects any power or authority to search or inspect any room or sleeping area in the residence for security purposes.

        2. A member of staff may not carry out a search unless—

        3. that member of staff requests that the child or young person hand over the unauthorised item that he or she believes on reasonable grounds to be in the child's or young person's possession; and
          1. the child or young person refuses or fails to hand the item over.
            1. Nothing in subsection (3) requires that a member of staff make a request if the same request has been made to the child or young person within the previous hour.

            Notes
            • Section 384C: inserted, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act 2001 (2001 No 3).
            • Section 384C(1): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).