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

Arrest of child or young person without warrant

214 Arrest of child or young person without warrant

(1)

Subject to section 214A and sections 233 and 244, where, under any enactment, any enforcement officer has a power of arrest without warrant, that officer shall not arrest a child or young person pursuant to that power unless that officer is satisfied, on reasonable grounds,—

(a)

that it is necessary to arrest that child or young person without warrant for the purpose of—

(i)

ensuring the appearance of the child or young person before the court; or

(ii)

preventing that child or young person from committing further offences; or

(iii)

preventing the loss or destruction of evidence relating to an offence committed by the child or young person or an offence that the enforcement officer has reasonable cause to suspect that child or young person of having committed, or preventing interference with any witness in respect of any such offence; and

(b)

where the child or young person may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose.

(2)

Nothing in subsection (1) prevents a constable from arresting a child or young person without warrant on a charge of any offence where—

(a)

the constable has reasonable cause to suspect that the child or young person has committed a category 4 offence or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; and

(b)

the constable believes, on reasonable grounds, that the arrest of the child or young person is required in the public interest.

(3)

Every enforcement officer who arrests a child or young person without warrant shall, within 3 days of making the arrest, furnish a written report—

(a)

where that enforcement officer is a constable, to the Commissioner of Police:

(b)

where that enforcement officer is a traffic officer who is a Police employee who is not a constable, to the Commissioner of Police:

(c)

where that enforcement officer is an officer or employee of the public service, to the chief executive of the department of which that person is an officer or employee:

(d)

where that enforcement officer is an officer of a local authority, to the chief executive of that local authority.

(4)

Every report furnished pursuant to subsection (3) in respect of the arrest of any child or young person shall state the reason why the child or young person was arrested without warrant.

Compare: Children’s Services Ordinance 1986 s 31 (Australian Capital Territory)

Section 214(1): amended, on 4 September 2013, by section 41(2) of the Bail Amendment Act 2013 (2013 No 66).

Section 214(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 214(2)(a): amended, on 1 July 2013, by section 4 of the Children, Young Persons, and Their Families Amendment Act (No 2) 2011 (2011 No 83).

Section 214(2)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 214(2)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 214(3)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 214(3)(b): replaced, on 1 July 1992, by section 36 of the Transport Amendment Act (No 2) 1992 (1992 No 67).

Section 214(3)(b): amended, on 1 October 2008, pursuant to section 116(d) of the Policing Act 2008 (2008 No 72).

Section 214(3)(c): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

Section 214(3)(d): amended, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).