Section 229 — Children, Young Persons, and Their Families Act 1989: Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested
Text of the provision Official document
229 Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested (1) Subject to sections 233 and 244 of this Act, an enforcement officer shall, in relation to any child or young person who is at an enforcement agency office for questioning in relation to the commission or possible commission of an offence by that child or young person, or who is at an enforcement agency office following arrest, as soon as practicable after the child or young person arrives at the enforcement agency office for questioning, or is taken to the enforcement agency office following arrest, or in the case of a child or young person who is arrested at an enforcement agency office, is arrested, as the case may be,— (a) Inform a person nominated by the child or young person in accordance with section 231 of this Act that the child or young person is at the enforcement agency office for questioning or has been arrested and that the child or young person may be visited at the enforcement agency office; and (b) Where— (i) The person nominated by the child or young person for the purposes of paragraph (a) of this subsection is not a parent or guardian or other person having the care of the child or young person; or (ii) The child or young person refuses or fails to nominate any person in accordance with section 231 of this Act,— unless it is impracticable to do so, inform the parents or guardians or other persons having the care of the child or young person that the child or young person is at the enforcement agency office for questioning or has been arrested. (2) Subject to sections 233 and 244 of this Act, every person who is informed pursuant to subsection (1)(a) of this section that a child or young person has been taken to an enforcement agency office or arrested— (a) Is entitled to visit that child or young person at the enforcement agency office; and (b) Shall, as soon as practicable after that person arrives at the enforcement agency office to visit the child or young person, have explained to him or her by an enforcement officer, in language that can be understood by that person, the matters specified in paragraphs (c) to (f) of section 215(1) of this Act; and (c) Subject to subsection (3) of this section, is entitled to consult privately with that child or young person during that visit. (3) Nothing in subsection (2)(c) of this section entitles any person to consult privately with a child or young person (being a child or young person who has been arrested)— (a) In the absence of any enforcement officer who is for the time being guarding that child or young person; or (b) Otherwise than subject to such reasonable conditions as may be necessary to ensure the safety of the child or young person or to prevent the commission of any offence. Compare: Children's Services Ordinance 1986 (Australian Capital Territory), No 13, 1986, ss 29, 32
Official source: legislation.govt.nz
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