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
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:
- a scanner search of the child or young person:
- a pat down search of the child or young person:
- a search of any room or sleeping area assigned to the child or young person.
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.
A member of staff may not carry out a search unless—
- 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
- the child or young person refuses or fails to hand the item over.
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).

