Oranga Tamariki Act 1989

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

384D: Use of dogs for searching

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

When you are being searched by a staff member from Oranga Tamariki, they might use a dog to help with the search. The staff member can use a dog that is trained for searching, but the dog must be with someone who can control it, like a Police employee or a Customs officer. You have the right to be treated with dignity when you are being searched, and the staff member must make sure the search is done in a way that respects you. The staff member must also make sure the dog does not touch you during the search, and they must follow the rules set out in sections 384B and 384C.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154397.


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

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


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384E: Child or young person may be strip searched, or

"Staff can search a child or young person's body if they think they have something harmful on them."

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

384DUse of dogs for searching

  1. In exercising a power of search conferred by sections 384B and 384C, a member of staff may have with the staff member, and use for the purposes of searching, any dog trained for that purpose.

  2. A dog must not be used unless it is under the control of another person (being a Police employee, or a Customs officer, or a member of the Armed Forces, or an employee of the Department of Corrections), who may accompany the member of staff for the purposes of the search.

  3. A member of staff who uses a dog for the purposes of searching any child or young person must conduct the search with decency and sensitivity and in a manner that—

  4. affords to the child or young person being searched the greatest degree of dignity consistent with the purpose of the search; and
    1. prevents the dog coming into physical contact with the child or young person during the search.
      Notes
      • Section 384D: inserted, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act 2001 (2001 No 3).
      • Section 384D(1): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
      • Section 384D(2): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).