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StatuteChildren, Young Persons, and Their Families Act 1989

Section 384C — Children, Young Persons, and Their Families Act 1989: Child or young person may be searched to detect unauthorised items

Text of the provision Official document

384C Child or young person may be searched to detect unauthorised items (1) A member of staff, who believes on reasonable grounds that a child or young person in the residence has in his or her possession any unauthorised item, may carry out any of the following types of searches for the purpose of detecting that item: (a) a scanner search of the child or young person: (b) a pat down search of the child or young person: (c) a search of any room or sleeping area assigned to the child or young person. (2) Nothing in subsection (1)(c) limits or affects any power or authority to search or inspect any room or sleeping area in the residence for security purposes. (3) A member of staff may not carry out a search unless— (a) that member of staff requests that the child or young person hand over the unauthorised item that he or she believes on reasonable grounds to be in the child's or young person's possession; and (b) the child or young person refuses or fails to hand the item over. (4) Nothing in subsection (3) requires that a member of staff make a request if the same request has been made to the child or young person within the previous hour. Sections 384A to 384K, and the heading preceding section 384A, were inserted, as from 25 June 2001, by section 4 Children, Young Persons, and Their Families Amendment Act 2001 (2001 No 3). See section 6(1) of that Act as to the enactment of these sections not affecting the validity of the provisions of the Children, Young Persons, and Their Families (Residential Care) Regulations 1996 (SR 1996/354).

Official source: legislation.govt.nz

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