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

Provisions relating to admissibility of statements made by children and young persons

221 Admissibility of statements made by children and young persons

(1)

This section applies to—

(a)

every child or young person who is being questioned by an enforcement officer in relation to the commission or possible commission of an offence by that child or young person:

(b)

every child or young person—

(i)

who has been arrested pursuant to section 214; or

(ii)

whom any enforcement officer has decided to charge with the commission of an offence; or

(iii)

who has been detained in the custody of an enforcement officer following arrest pursuant to section 214.

(2)

Subject to sections 223 to 225 and sections 233 and 244, no oral or written statement made or given to any enforcement officer by a child or young person to whom this section applies is admissible in evidence in any proceedings against that child or young person for an offence unless—

(a)

before the statement was made or given, the enforcement officer has explained in a manner and in language that is appropriate to the age and level of understanding of the child or young person,—

(i)

except where subsection (1)(b)(i) or (iii) applies, the matters specified in paragraphs (a) and (b) of section 215(1); and

(ii)

the matters specified in paragraphs (c) to (f) of section 215(1); and

(b)

where the child or young person wishes to consult with a barrister or solicitor and any person nominated by that child or young person in accordance with section 222, or either of those persons, before making or giving the statement, the child or young person consults with those persons or, as the case requires, that person; and

(c)

the child or young person makes or gives the statement in the presence of 1 or more of the following persons:

(i)

a barrister or solicitor:

(ii)

any person nominated by the child or young person in accordance with section 222:

(iii)

where the child or young person refuses or fails to nominate any person in accordance with section 222,—

(A)

any person referred to in paragraph (a) or paragraph (b) of section 222(1); or

(B)

any other adult (not being an enforcement officer).

Section 221(1)(b)(ii): amended, on 14 July 2017, by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).