Oranga Tamariki Act 1989

Children and young persons in care of chief executive or other persons or bodies - Absconding by children and young persons

386: Search warrants

You could also call this:

"When police or special workers need to find a missing child, they can get a special paper to search a place"

Illustration for Oranga Tamariki Act 1989

If you think a child or young person is hiding at a certain place, a special officer can give a search warrant. This warrant lets a police officer or the chief executive enter and search the place to find the child or young person. They can use force if they need to, and they can take the child or young person away from the place.

If the child or young person has run away from a residence, they will be taken back to that residence or to another safe place. If they have run away from someone who was taking care of them, they will be taken back to that person's care. A social worker or another authorised person can also carry out the search warrant on behalf of the chief executive, as stated in section 3 of the Search and Surveillance Act 2012 and section 7C.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM154515.


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Part 7Children and young persons in care of chief executive or other persons or bodies
Absconding by children and young persons

386Search warrants

  1. An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on application in writing verified in accordance with section 99 of that Act by any constable or the chief executive, is satisfied that there are reasonable grounds for suspecting that a child or young person to whom section 385 applies is for the time being at any known premises or place, may issue a warrant authorising any constable or the chief executive to—

  2. enter and search, by force if necessary, any such premises or place specified in the warrant; and
    1. remove the child or young person, using such force as may reasonably be necessary; and
      1. either—
        1. in the case of a child or young person who has absconded or is absent from a residence, return that child or young person to the residence from which that child or young person absconded or from which that child or young person is absent or place that child or young person in any other residence under this Act; or
          1. in the case of a child or young person who has absconded or is absent from the care of any person or organisation in whose charge that child or young person was placed pursuant to section 362, return that child or young person to the care of that person or organisation.
          2. The function of executing a warrant issued in the name of the chief executive may be performed by a social worker or any other person authorised under a delegation to carry out that function (see section 7C).

          3. Repealed
          Compare
          • 1974 No 72 s 104A
          • 1982 No 135 s 17
          Notes
          • Section 386(1): amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
          • Section 386(1): amended, on , by section 207(3) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 386(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 386(1A): inserted, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
          • Section 386(2): repealed, on , by section 2(2) of the Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112).