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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 When Oranga Tamariki Staff Search You"

Illustration for Oranga Tamariki Act 1989

When a staff member wants to search you under section 384C, they must talk to their manager first. They only don't need to do this if it's not possible in the situation. A staff member who searches you must be the same sex as you. When you are being searched, the staff member must make sure you are not seen by people who are not supposed to see you. This means they must not search you in front of someone who is not the same sex as you, unless that person is your parent or guardian. They also must not search you in front of other children or young people. A staff member can only search you if another staff member, a constable, or your parent or guardian is present. The staff member who searches you must do it in a way that respects your privacy and dignity. They must be decent and sensitive when searching you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154503.

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Topics:
Family and relationships > Children and parentingRights and equality > Privacy
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384F: Explanation of purpose and consequences of inspections and searches, or

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

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

"Staff can use force to keep you safe when searching you"

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 unless consultation would, in the circumstances, be impracticable.

  2. A pat down 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 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 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 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(1): amended, on , by section 31(1) of the Responding to Abuse in Care Legislation Amendment Act 2025 (2025 No 57).
            • Section 384G(2): amended, on , by section 31(1) of the Responding to Abuse in Care Legislation Amendment Act 2025 (2025 No 57).
            • Section 384G(3): amended, on , by section 31(1) of the Responding to Abuse in Care Legislation Amendment Act 2025 (2025 No 57).
            • Section 384G(4): amended, on , by section 31(1) of the Responding to Abuse in Care Legislation Amendment Act 2025 (2025 No 57).
            • Section 384G(4)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 384G(5): amended, on , by section 31(1) of the Responding to Abuse in Care Legislation Amendment Act 2025 (2025 No 57).