Oranga Tamariki Act 1989

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

384E: Child or young person may be strip searched

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

If you are a child or young person, a staff member can search you if they think you have something harmful on you. They can only do this if they really need to, to find the harmful item, and if they have already used a scanner or patted you down to try to find it. The staff member must believe they have a good reason to think you have something harmful.

When you are searched, you might have to take some of your clothes off, but you will only have to stay undressed for as long as it takes to do the search.

A staff member can make you take off your clothes if they think it is necessary to find the harmful item and they have already tried other ways to 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=DLM154399.


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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"


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384F: Explanation of purpose and consequences of inspections and searches, or

"Before searching you or your things, they must tell you why and what might happen next."

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

384EChild or young person may be strip searched

  1. A member of staff may, if that member of staff believes on reasonable grounds that a child or young person has in their possession a harmful item, conduct a strip search of that child or young person for the purposes of detecting the harmful item—

  2. if that member believes on reasonable grounds that a strip search is necessary in order to detect the item; and
    1. if a scanner search or a pat down search of the child or young person has already been carried out for that purpose.
      1. A child or young person required to undress or remove any clothing and underclothing under subsection (1) may be required to remain undressed or partly undressed only as long as is reasonably necessary for the purposes of the search.

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