4. Search and Surveillance Act 2012 and New Zealand Bill of Rights Act 1990 Flashcards
What does a search warrant authorise?
A search warrant may authorise you to enter and search any place, vehicle or other thing, for evidential material in respect of an offence punishable by imprisonment.
What are the grounds for applying for a search warrant?
You can apply if you have reasonable grounds to;
Suspect an offence punishable by imprisonment has been, is being, or will be committed and
Believe that the search will find evidential material in respect of the offence, in the place, vehicle or other thing specified in the application.
How do you apply for a search warrant?
Normally in writing and in person, however if this is impracticable in the circumstances you may make an application orally or have your written application considered without a personal appearance.
What are the rules regarding the revealing of identity of informants?
The names and other identifying details of informants who are not registered as CHIS may be withheld, but care must be exercised to ensure they are informants rather than witnesses.
i.e. that they gave information with an expectation that their identity would be protected.
Section 117, Search and Surveillance Act 2012
Power to secure a scene
You can secure the scene until a search warrant is obtained. You can only hold the scene for six hours. Must have reasonable grounds to believe CADD may occur.
Section 21, NZ Bill of Rights Act 1990
Unreasonable search and seizure;
Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, correspondence or otherwise.
Section 22, NZ Bill of Rights Act 1990
Liberty of the person
Everyone has the right not to be arbitrarily arrested or detained.
R v Goodwin - Arrest must have its Crimes Act meaning of a communicated intention on the part of the Police officer to hold the person under lawful authority.
Section 23, NZ Bill of Rights Act 1990
Rights of persons arrested or detained
Anyone who is arrested shall be informed of the reason for it and has the right to consult and instruct a lawyer without delay and to have the right to have the validity of the arrest determined without delay.
Everyone who is arrested for an offence has the right to be charge promptly or released without delay.
Anyone arrested and not released shall be brought as soon as possible before a Court.
Has the right to refrain from making any statement
Will be treated with humility and respect.
What are the key rules for Police associated with the NZ Bill of Rights Act?
You may ask questions, but must not suggest it is it compulsory for the person to answer.
If you have sufficient evidence you must caution the person.
If you arrest a person you must caution them again.
There is no power to detain a person for questioning, although a person can assist voluntarily.
You must ensure the rights are understood
It is Police obligation to ensure the whole right is conveyed and understood - R v Hina
You might have to give the rights more than once - R v Dobler
You can give the rights in writing - R v Grant
If safety is an issue, you do not have to give the rights straight away - R v Butcher & Burgess, R v Mallinson
Caselaw
NZ Bill of Rights Act 1990
Police v Curran
Police should refrain from gathering evidence until detainee has had a chance to consult and instruct a lawyer.
R v Ormsby
Despite being told not to talk by a lawyer Police can still question a suspect who continues to answer questions.
R v Piper
Police can deny privacy if it would not be safe to leave the accused alone or risk that they may dispose of evidence and warn others.
Police v Hendy
Police do not have to offer multiple lawyers if the suspect is not satisfied with the legal advice they have obtained.
R v Rogers
An arrested person must be charged promptly or released. There is an urgency, matters such as processing time, legal advice and other Police emergencies are ‘justified limitations’ on it.
