Oranga Tamariki (Residential Care) Regulations 1996

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39 Inspection of mail

(1)

The manager of a residence may exercise the powers in subclause (2) when causing an inspection of mail to be undertaken under section 384B of the Act.

(2)

The powers referred to in subclause (1) are—

(a)

the manager may require the mail to be opened, or, in the case of a facsimile or electronic mail, read, by the child or young person in the presence of a member of staff of the residence, or by a member of staff of the residence, or by a member of staff of the residence in the presence of the child or young person; and

(b)

if the mail contains any such article, drug, substance, or material, the member of staff may seize that article, drug, or substance, or that material.

(3)

Any article, drug, substance, or material seized pursuant to this regulation may, after consultation with the child or young person,—

(a)

subject to subclause (5), be destroyed, if the manager so directs; or

(b)

be handed to a constable; or

(c)

be retained in the residence and returned to the child or young person when he or she is discharged from the residence or at such earlier time as the member of staff concerned, or the manager, thinks fit.

(4)

Nothing in subclause (1)—

(a)

requires a child or young person to be present if any mail is believed on reasonable grounds to contain any explosive or destructive substance or device; or

(b)

entitles a member of staff of a residence to read any mail intended to be sent or received by the child or young person unless,—

(i)

he or she is invited to do so by the child or young person; or

(ii)

because of the child’s or young person’s attitude or responses to a behaviour management programme or a treatment programme being applied to the child or young person, a member of staff believes on reasonable grounds that the mail is likely to contain material of the kind referred to in section 384B(c) or (d) of the Act.

(5)

No direction given pursuant to subclause (3)(a) to destroy any article, drug, substance, or material intended to be sent or received by a child or young person shall be carried out,—

(a)

unless the child or young person is informed—

(i)

of that direction; and

(ii)

of the child’s or young person’s right to make a complaint about that direction under the grievance procedure; and

(b)

until the child or young person has had a reasonable opportunity to make such a complaint; and

(c)

if the child or young person makes such a complaint, until that complaint is determined or is sooner withdrawn.

(6)

The manager shall ensure that a record is made in the daily log of the details of—

(a)

the inspection of any mail under subclause (2):

(b)

the seizure of any article, drug, substance, or material under subclause (2)(b) and of the action taken in respect of it under subclause (3).

Regulation 39(1): substituted, on 18 July 2002, by regulation 10(1) of the Children, Young Persons, and Their Families (Residential Care) Amendment Regulations 2002 (SR 2002/171).

Regulation 39(3)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Regulation 39(4)(b)(ii): amended, on 18 July 2002, by regulation 10(2) of the Children, Young Persons, and Their Families (Residential Care) Amendment Regulations 2002 (SR 2002/171).