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StatuteChildren, Young Persons, and Their Families Act 1989

Section 384H — Children, Young Persons, and Their Families Act 1989: Use of force in carrying out search

Text of the provision Official document

384H Use of force in carrying out search (1) A member of staff may not use physical force in carrying out a search authorised by section 384C or section 384E unless that member of staff has reasonable grounds for believing that the use of force is reasonably necessary to avoid or mitigate a serious and immediate risk to the safety of the child or young person or of any other person. (2) A member of staff who uses force for the purpose referred to in subsection (1) must use no more than the minimum amount of force that is reasonably necessary in the circumstances. 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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