Oranga Tamariki Act 1989
Children’s and Young People’s Well-being Act 1989

48 Unaccompanied children and young persons

(1)

Where a child or young person is found unaccompanied by a parent or guardian or other person who usually has the care of the child or young person in a situation in which the child’s or young person’s physical or mental health is being, or is likely to be, impaired, a constable may, using such force as may reasonably be necessary, take the child or young person and—

(a)

with the consent of the child or young person, deliver the child or young person into the custody of a parent or guardian or other person usually having the care of the child or young person; or

(b)

if—

(i)

the child or young person does not wish to be returned to a parent or guardian or other person having the care of the child or young person; or

(ii)

no parent or guardian or other such person is willing or able to have custody of the child or young person,—

place the child or young person in the custody of the the chief executive (acting through the chief executive’s delegate) by delivering the child or young person to a social worker.

(2)

Placement of a child or young person in the custody of the chief executive shall be sufficient authority for the detention of the child or young person by the delegate or in a residence under this Act until—

(a)

the child or young person agrees to being returned to a parent or guardian or other person usually having the care of the child or young person who is willing to have the care of the child or young person; or

(b)

an application is made to the court for a care or protection order and the child or young person is brought before the court for the purpose of determining whether the child or young person is to be held in custody pending the disposal of the application; or

(c)

where the circumstances of the case indicate that the child or young person is, or may be, in need of care or protection, the expiry of 5 days after the day on which the child or young person was placed in custody, or in any other case, 3 days after that date—

whichever first occurs.

(3)

In subsections (1) and (2) the term young person means a person of or over the age of 14 years but under the age of 18 years.

Compare: 1974 No 72 s 12; 1981 No 113 s 50; 1982 No 135 s 4

Section 48(1): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 48(1): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 48(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 48(1)(b): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 48(2): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).

Section 48(2): amended, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).

Section 48(2)(b): amended, on 1 July 2019, by section 38 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).

Section 48(3): amended, on 1 April 2017, by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).