Oranga Tamariki Act 1989

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

384H: Use of force in carrying out search

You could also call this:

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

Illustration for Oranga Tamariki Act 1989

When a staff member is searching you, they are not allowed to use physical force unless they think it is necessary to keep you or someone else safe from a serious and immediate risk. They must have a good reason to believe that using force is the only way to avoid this risk. If they do use force, they must use the least amount of force possible.

If a staff member uses force during a search, it must be because they are trying to protect you or someone else from harm, and they must not use more force than they need to. This rule applies to searches that are allowed under section 384C or section 384E. The staff member's main goal is to keep everyone safe.

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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=DLM154505.


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384G: Restrictions on searches, or

"Rules to Keep You Safe During Searches"


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384I: Recording of inspections and searches, or

"Keeping a record of when someone checks or searches a place"

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

384HUse of force in carrying out search

  1. A member of staff may not use physical force in carrying out a search authorised by section 384C or section 384E unless that member of staff has reasonable grounds for believing that the use of force is reasonably necessary to avoid or mitigate a serious and immediate risk to the safety of the child or young person or of any other person.

  2. A member of staff who uses force for the purpose referred to in subsection (1) must use no more than the minimum amount of force that is reasonably necessary in the circumstances.

Notes
  • Section 384H: inserted, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act 2001 (2001 No 3).