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:

"Staff must explain why they are searching you or your things."

Illustration for Oranga Tamariki Act 1989

Before your mail is inspected or you are searched, a staff member must explain why. They must tell you the purpose of the inspection or search is to find items you should not have. They must also explain what will happen to any items they find. The staff member must tell you that any items they seize will be dealt with according to the rules. They must also tell you that any seized items given to a constable might be used as evidence against you. However, the staff member does not have to explain this if they think you or someone else is in serious and immediate danger.

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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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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, 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; and
        1. 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): amended, on , by section 31(1) of the Responding to Abuse in Care Legislation Amendment Act 2025 (2025 No 57).
            • Section 384F(1)(a)(ii): amended, on , by section 31(1) of the Responding to Abuse in Care Legislation Amendment Act 2025 (2025 No 57).
            • Section 384F(1)(a)(iii): repealed, on , by section 31(1) of the Responding to Abuse in Care Legislation Amendment Act 2025 (2025 No 57).
            • Section 384F(1)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).