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Oranga Tamariki Act 1989

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

384G: Restrictions on searches

You could also call this:

"Rules to Keep You Safe During Searches"

Illustration for Oranga Tamariki Act 1989

When a staff member wants to search you under section 384C or section 384E, they must talk to their manager first, unless it's not possible. They need to make sure they follow the rules to keep you safe. If they need to do a pat down search or a strip search, it must be done by someone of the same sex as you.

A pat down search or a strip search cannot be done where someone of the opposite sex can see you, unless that person is your parent or guardian. It also cannot be done where another child or young person can see you. Someone else, like another staff member, a constable, or your parent or guardian, must be present when a pat down search or a strip search is done.

The person doing the search must be respectful and make sure you have as much privacy as possible. They must do the search in a way that is decent and sensitive, and helps you keep your dignity.

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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=DLM154503.

Topics:
Crime and justice > Police and safety
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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."

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384H: Use of force in carrying out search, or

"Staff can only use force when searching you if it's necessary to keep you or others safe."

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

384GRestrictions on searches

  1. A member of staff must consult with the manager or a senior member of staff before carrying out a search under section 384C or section 384E unless consultation would, in the circumstances, be impracticable.

  2. A pat down search or a strip search of a child or young person must be carried out by a member of staff who is of the same sex as the child or young person being searched.

  3. A pat down search or a strip search must not be carried out in view of—

  4. a person who is not of the same sex as the child or young person, unless the person is a parent or guardian (other than the chief executive) of the child or young person or a person who would otherwise have the care of the child or young person:
    1. another child or young person in the residence.

      1. A pat down search or a strip search must not be conducted unless one of the following persons is also present:

      2. another member of staff:
        1. a constable:
          1. a parent or guardian (other than the chief executive) of the child or young person or a person who would otherwise have the care of the child or young person.

            1. A person who conducts a pat down search or a strip search must conduct the search with decency and sensitivity and in a manner that affords the child or young person being searched the greatest degree of privacy and dignity consistent with the purpose of the search.

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