Oranga Tamariki Act 1989

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

384K: Power to seize articles, etc, found on inspection or search

You could also call this:

"Staff can take things that aren't allowed when they search a place, and they must follow the rules."

Illustration for Oranga Tamariki Act 1989

If you are in a residence, staff can take things they are not supposed to find during an inspection or search. They must follow the rules when they take these things. The staff member who takes the item is usually the one who did the inspection or search, like the one done under section 384B, section 384C, or section 384E. When staff take something, they must deal with it according to the rules. The manager has to make sure a record is kept of what was taken and what happened to it.

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This page was last updated on 25 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154511.

Topics:

Crime and justice > Police and safety

384J: Child or young person may make complaint, or

"Children and young people can complain if their mail is read or they are searched."

385: Children and young persons who abscond, or

"What happens if you run away from your care home or a place you're supposed to be"

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

384KPower to seize articles, etc, found on inspection or search

Any unauthorised item found during any inspection or search may be seized in accordance with the regulations by the member of staff referred to in subsection (2).
The member of staff of the residence referred to in subsection (1) is,—
in the case of an inspection carried out under section 384B, the member of staff conducting the inspection; or
in the case of a search carried out under section 384C, the member of staff who is conducting the search; or
in the case of a search carried out under section 384E, the member of staff who is conducting the search.

Any unauthorised item seized must be dealt with in accordance with the regulations.
The manager must ensure that a record is made in the daily log kept in accordance with the regulations of the details of the seizure of any unauthorised item and of the action taken in respect of it.

Notes

Section 384K: inserted, on 25 June 2001, by section 4 of the Children, Young Persons, and Their Families Amendment Act 2001 (2001 No 3).