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Oranga Tamariki Act 1989

Miscellaneous provisions - Offences

446: Offences

You could also call this:

"Breaking the law: what happens if you stop Oranga Tamariki workers from doing their job"

Illustration for Oranga Tamariki Act 1989

If you stop someone from doing their job under the Oranga Tamariki Act, you can get in trouble. You might hinder or obstruct someone who is carrying out a warrant under sections like section 39 or section 40. You can be fined or go to prison for up to three months.

If you do not let someone into a premises when they are doing their job, you can get in trouble. You might not let them in when they are trying to carry out a warrant or use a power given to them under the Act. You can be fined or go to prison for up to three months.

If you take a child or young person away from someone who is looking after them under the Act, you can get in trouble. You might take them away without the proper authority, or help them run away from their caregiver. You can be fined up to $1,000.

If you hide a child or young person who has run away from their caregiver, you can get in trouble. You might stop a social worker from doing their job, or get in the way of them carrying out an order under the Act. You can be fined up to $1,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM155073.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyFamily and relationships > Children and parenting
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445F: Limitation on liability, or

"Some people and groups can't be blamed for things that happen to you while you're in care."

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446A: Children and young persons to whom section 446B applies, or

"Kids and teens with ongoing protection orders or court cases that might be moved to another country"

Part 10Miscellaneous provisions
Offences

446Offences

  1. Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000 who—

  2. knowingly hinders or obstructs any person in the execution of a warrant under section 39 or section 40 or section 122 or section 157(2) or section 205 or section 386, or in the exercise of the power conferred by section 42(1) or section 105(2) or section 318(1) or section 401(1)(a) or section 409(1)(a) (including the power conferred by section 105(2) and applied in sections 80, 82(5), 104(3)(c), and 106(2)); or
    1. wilfully fails or refuses to afford to any person engaged in the execution of the warrant or the exercise of the power immediate entrance to any premises or any part of any premises; or
      1. without lawful authority removes from the custody of the chief executive any child or young person who has been placed in the custody of the chief executive pursuant to section 39 or section 40 or section 42.

        1. Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who—

        2. incites or knowingly assists any child or young person to depart without proper authority from any residence under this Act, or from the custody and care of any person who for the time being has been lawfully entrusted under this Act with the custody or care of the child or young person:
          1. without lawful authority removes any child or young person from any residence under this Act, or from the custody or care of any person as aforesaid:
            1. harbours or conceals any child or young person who has departed without proper authority or been removed without lawful authority from any residence under this Act, or from the custody or care of any person as aforesaid:
              1. obstructs any social worker or other officer of the department or delegate of the chief executive or subdelegate in obtaining possession of any child or young person for the time being in the care of the chief executive or placed under the guardianship of the chief executive, or in carrying out any order under this Act.

                Compare
                • 1974 No 72 s 103
                Notes
                • Section 446(1): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
                • Section 446(1)(c): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).
                • Section 446(2): amended, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).
                • Section 446(2)(d): 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 446(2)(d): amended, on , by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).