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:

"How a police officer carries out a special order to find a young person"

Illustration for Oranga Tamariki Act 1989

You can only execute a warrant under section 296C if you are a constable. The warrant is given to a constable by name or to all constables, and any constable can execute it. A constable can enter premises to execute the warrant if they believe the young person is there. You must follow the rules in sections 445A and 445B when executing the warrant. These rules are about showing your authority and identity, and using a copy of the warrant. A constable can enter premises by force if necessary, but only if they have a good reason to think the young person is there. The rules for executing a warrant are important to follow. They help keep everyone safe and make sure the law is applied fairly. You can find more information about these rules in the links to sections 445A and 445B, and to the section 445A and 445B of the Act.

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

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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).