Oranga Tamariki Act 1989

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

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

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

Before someone searches your mail or you, they must tell you why they are doing it. They must explain that they are looking for things that are not allowed, like harmful items or things you are not supposed to have. They also need to tell you what will happen to anything they find, and that it might be used as evidence if you are charged with a crime. They have to explain that if they take something from you, they will talk to you about what to do with it, and follow the rules about what happens to it. If someone thinks you or someone else is in danger right now, they do not have to explain all this before searching you or your mail.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154501.


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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."


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384G: Restrictions on searches, or

"Rules to Keep You Safe During Searches"

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

384FExplanation of purpose and consequences of inspections and searches

  1. Before any mail is inspected under section 384B or a search is carried out under section 384C or section 384E, the member of staff who is to conduct the inspection or search must explain to the child or young person—

  2. that the purpose of the inspection or search is,—
    1. in the case of an inspection, to detect any item of the kinds referred to in section 384B; or
      1. in the case of a search carried out under section 384C, to ensure the safety of the child or young person by detecting any harmful item, or to detect any article, drug, or substance that may not be lawfully possessed by the child or young person in the residence; or
        1. in the case of a search carried out under section 384E, to ensure the safety of the child or young person and the safety of others by detecting any harmful item; and
        2. that any item seized during the inspection or search will, after consultation with the child or young person, be dealt with in the ways provided for by the regulations; and
          1. that any item seized during the inspection or search and subsequently handed to a constable in accordance with the regulations may be used as evidence in criminal proceedings against the child or young person.
            1. The explanation required by subsection (1) need not be given if the member of staff has reasonable grounds for believing that the situation involves a serious and immediate risk to the safety of the child or young person or of any other person.

            Notes
            • Section 384F: inserted, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act 2001 (2001 No 3).
            • Section 384F(1)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).