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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 away items that are not allowed in a residence during a search or check."

Illustration for Oranga Tamariki Act 1989

If you are in a residence, staff can take away items they are not allowed to have. This can happen when staff are checking or searching the place. The staff member who finds the item gets to take it away. When staff take an item, they must follow the rules about what to do with it. You can find these rules in the regulations. The manager must write down what happened in a log book. The log book must say what item was taken and what happened to it. This is so everyone knows what is going on. The manager is in charge of making sure this happens.

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

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Topics:
Housing and property > Home safety and repairsCrime and justice > Police and safety
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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

  1. 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).

  2. The member of staff of the residence referred to in subsection (1) is,—

  3. in the case of an inspection carried out under section 384B, the member of staff conducting the inspection; or
    1. in the case of a search carried out under section 384C, the member of staff who is conducting the search.

        1. Any unauthorised item seized must be dealt with in accordance with the regulations.

        2. 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 , by section 4 of the Children, Young Persons, and Their Families Amendment Act 2001 (2001 No 3).
        • Section 384K(2)(c): repealed, on , by section 31(1) of the Responding to Abuse in Care Legislation Amendment Act 2025 (2025 No 57).