This Supplementary Order Paper amends the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Bill to remove the ability of Youth Court judges to remand a young person in police cells under section 238(1)(e) of the Children, Young Persons, and Their Families Act 1989 (the principal Act). It also removes amendments to section 238(1)(e) proposed by the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Bill.

There are already provisions within the principal Act for police cells to be used for young persons in the case of emergency or where no other accommodation can be found. Under section 238(1) and section 242 of the principal Act, a young person detained in the custody of the chief executive can be accommodated in a police cell for up to 24 hours on the recommendation of the Ministry and a sworn police officer who is of or above the rank of inspector. Labour believes that this provision is adequate.

Young persons in police cells are likely to receive inadequate support and for periods of time mix with adult detainees, the latter of which is a breach of the United Nations Convention on the Rights of the Child regarding age-mixing while persons are being held in detention. Furthermore, extended detention in police cells has the potential to lead to considerably more harm for the young person in question.