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Oranga Tamariki Act 1989

Youth justice - Intensive supervision orders

296L: Powers to detain and return, and arrest, young person breaching curfew condition

You could also call this:

"What happens if you break your curfew rules as a young person"

Illustration for Oranga Tamariki Act 1989

If you are a young person with a curfew condition under section 296J, a constable or a delegate from the chief executive can detain you without a warrant and take you back to your curfew address. This can happen if they think you have broken your curfew condition by leaving your curfew address without permission or by not going back to your curfew address. They can use reasonable force to do this. A constable can also arrest you without a warrant if they think you have broken your curfew condition. If you break your curfew condition, you will not commit an offence against section 120 of the Crimes Act 1961 just because of that.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3275497.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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296K: Electronic monitoring, or

"Wearing an electronic tracker to make sure you follow the rules of your curfew"

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296M: Review of intensive supervision order, or

"Checking how you're doing with your intensive supervision plan"

Part 4Youth justice
Intensive supervision orders

296LPowers to detain and return, and arrest, young person breaching curfew condition

  1. A constable or the chief executive (acting through the chief executive’s delegate) may (using such reasonable force as may be necessary) detain without warrant and return to the curfew address a young person subject to a curfew condition under section 296J and found at a place other than the curfew address if the constable or delegate believes on reasonable grounds that the young person has failed to comply with the curfew condition by—

  2. leaving, or being taken without authority, from the curfew address; or
    1. refusing or neglecting to return to the curfew address.

      1. A constable may (using such reasonable force as may be necessary) arrest without warrant a young person subject to a curfew condition under section 296J and found at a place other than the curfew address if the constable believes on reasonable grounds that the young person has failed to comply with the curfew condition by—

      2. leaving, or being taken without authority, from the curfew address; or
        1. refusing or neglecting to return to the curfew address.

          1. A young person to whom this section applies does not, by reason only of an act or omission referred to in subsection (1) or (2), commit an offence against section 120 of the Crimes Act 1961.

          Notes
          • Section 296L: 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 296L(1): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
          • Section 296L(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).