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Oranga Tamariki Act 1989

Youth justice - Arrest of child or young person without warrant

214B: Arrest of person aged 17 years released on bail by District Court or High Court

You could also call this:

"Arrest of a 17-year-old on bail: Police can arrest you without a warrant if you break bail rules."

Illustration for Oranga Tamariki Act 1989

If you are 17 years old and have been charged with or convicted of an offence, you might be released on bail by a court. This means you are allowed to go free until your next court date. If you have been released on bail for an offence, except a drug dealing offence, and certain circumstances apply to you, as set out in section 35(1) of the Bail Act 2000, you can be arrested without a warrant.

If you are 17 years old and have been charged with or convicted of a drug dealing offence, and you have been released on bail by a District Court Judge or a High Court Judge, and certain circumstances apply to you, as set out in section 36(1) of the Bail Act 2000, you can be arrested without a warrant.

Some rules about arresting people without a warrant do not apply to you if you are 17 years old and are arrested under section 35(1) or 36(1) of the Bail Act 2000.

In this situation, a court means what it says in section 3 of the Bail Act 2000, a drug dealing offence means what it says in section 3 of the Bail Act 2000, and a Registrar means what it says in section 3 of the Bail Act 2000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS225645.

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214A: Arrest of child or young person in breach of bail condition, or

"Police can arrest you without a warrant if you break your bail rules more than once."

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215: Child or young person to be informed of rights before questioned by enforcement officer, or

"You have the right to know your rights before a police officer asks you questions."

Part 4Youth justice
Arrest of child or young person without warrant

214BArrest of person aged 17 years released on bail by District Court or High Court

  1. This section applies to a person aged 17 years if—

  2. the person is a defendant who—
    1. has been charged with, or convicted of, any offence (except a drug dealing offence) in the District Court or the High Court; and
      1. has been released on bail for the offence, or the alleged offence, by a court, a Registrar, or a Police employee; and
      2. any of the circumstances set out in section 35(1) of the Bail Act 2000 apply to the person so as to empower the arrest without warrant of the person.

        1. This section also applies to a person aged 17 years if—

        2. the person is a defendant who—
          1. has been charged with, or convicted of, a drug dealing offence in the District Court or the High Court; and
            1. has been released on bail for the offence, or the alleged offence, by a District Court Judge or a High Court Judge; and
            2. any of the circumstances set out in section 36(1) of the Bail Act 2000 apply to the person so as to empower the arrest without warrant of the person.

              1. Nothing in section 214 or 214A applies to the arrest of the person aged 17 years without warrant under section 35(1) or 36(1) of the Bail Act 2000.

              2. For the purposes of this section, unless the context otherwise requires,—

                court has the same meaning as in section 3 of the Bail Act 2000

                  drug dealing offence has the same meaning as in section 3 of the Bail Act 2000

                    Registrar has the same meaning as in section 3 of the Bail Act 2000.

                    Notes
                    • Section 214B: inserted, on , by section 5 of the Oranga Tamariki Legislation Act 2019 (2019 No 30).