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Oranga Tamariki Act 1989

Youth justice - Failure to comply with, and variation and cancellation of, specified orders

296D: Execution of warrant under section 296C

You could also call this:

"What happens when a police officer carries out a special order to find a young person"

Illustration for Oranga Tamariki Act 1989

If a warrant is issued under section 296C, only a constable can carry it out. The warrant must say the constable's name or say any constable can do it. The constable can enter any premises at any time to execute the warrant if they think the young person is there.

When a constable is executing the warrant, they can use force to enter premises if necessary. They must have a good reason to believe the young person is on those premises. The constable must follow the rules in sections 445A and 445B, which say they must show their authority and identity.

You can find more information about these rules in section 445A and section 445B. These rules are about how a constable can use a warrant and what they must do when executing it. The constable must act according to these rules when carrying out the warrant under section 296C.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3275482.

Topics:
Crime and justice > Police and safety
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296C: Warrant to have young person arrested and brought before court, or

"A court order to arrest a young person who broke the rules and bring them to court."

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296E: Variation and cancellation, or

"Changing or cancelling a court order about your care"

Part 4Youth justice
Failure to comply with, and variation and cancellation of, specified orders

296DExecution of warrant under section 296C

  1. A warrant under section 296C may be executed only by a constable.

  2. The warrant must be directed to a constable by name or generally to every constable, but in either case may be executed by any constable.

  3. For the purpose of executing the warrant, the constable executing it may at any time enter on to any premises, by force if necessary, if the constable has reasonable grounds to believe that the young person against whom it is issued is on those premises.

  4. Sections 445A (person executing warrant to produce evidence of authority and identity) and 445B (authority to use facsimile copy of warrant) apply to the warrant.

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Notes
  • Section 296D: inserted, on , by section 29 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
  • Section 296D(3): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).