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 use force to keep you safe when searching you"

Illustration for Oranga Tamariki Act 1989

When a staff member is searching you, they can only use physical force if they think it's necessary to keep you or someone else safe from harm. They must use the least amount of force possible in that situation. The staff member is allowed to do this under rules set out in section 384C.

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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 When Oranga Tamariki Staff Search You"


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384I: Recording of inspections and searches, or

"Keeping a Record of Inspections and Searches"

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 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).
  • Section 384H(1): amended, on , by section 31(1) of the Responding to Abuse in Care Legislation Amendment Act 2025 (2025 No 57).