Section 222 — Children, Young Persons, and Their Families Act 1989: Persons who may be nominated for the purposes of section 221(2)(b) or (c)
Text of the provision Official document
222 Persons who may be nominated for the purposes of section 221(2)(b) or (c) (1) Subject to subsection (2) of this section, a child or young person may nominate one of the following persons for the purposes of section 221(2)(b) or (c) of this Act: (a) A parent or guardian of the child or young person: (b) An adult member of the family, whanau, or family group of the child or young person: (c) Any other adult selected by the child or young person: (d) If the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c) of this subsection, any adult (not being an enforcement officer) nominated for the purpose by an enforcement officer. (2) Where an enforcement officer believes, on reasonable grounds, that any person nominated by a child or young person pursuant to subsection (1)(a) or (b) or (c) of this section,— (a) If permitted to consult with the child or young person pursuant to section 221(2)(b) of this Act, would attempt, or would be likely to attempt, to pervert the course of justice; or (b) Cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances,— that enforcement officer may refuse to allow the child or young person to consult with that person. (3) Where, pursuant to subsection (2) of this section, a child or young person is not permitted to consult with a person nominated by that child or young person pursuant to subsection (1) of this section, that child or young person shall, subject to subsection (2) of this section, be permitted to consult with any other person nominated by that child or young person pursuant to subsection (1) of this section. (4) It is the duty of any person nominated pursuant to subsection (1) of this section— (a) To take reasonable steps to ensure that the child or young person understands the matters explained to the child or young person under section 221(2)(a) of this Act; and (b) To support the child or young person— (i) Before and during any questioning; and (ii) If the child or young person agrees to make or give any statement, during the making or giving of the statement. Subsection (4) was inserted, as from 8 January 1995, by section 32 Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).
Official source: legislation.govt.nz
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