6. Road Policing

Question 1

Road to Zero guiding principles

Answer 1

IS New Zealands ten year road safety strategy through to 2030.
Sets a target of 40% reduction in deaths and serious injuries.
-We promote good choices but plan for mistakes
- We design for human vulnerability
- We strengthen all parts of the road transport system
- We have shared responsibility for improving road safety
- Our actions are grounded in evidence and evaluated
- Our road safety actions support health, wellbeing and liveable places
- We make safety a critical decision-making priority.

Question 2

Roles and Responsibilities for Urgent Duty Driving

Answer 2

• Driver- Drives in a manner that prioritizes public and Police Safety while using TENR
• Passenger - Radio comms, Route, risks, threats and conducts TENR
• Field Supervisor - Identifies health and safety risks, manages Police Performance, investigates and reports crashes involving Police Vehicles
• Manager - Sureplan notified of crashes, health and safety obligations, crash files are progressed to the District Road Policing Manager and District Police Professional Conduct Manager
• Controlling officer at COMMS - Ensures units are directed to the incident as appropriate

Question 3

Anchoring factors to inform TENR during Fleeing driver event

Answer 3

Time of day
Environment - Traffic conditions, location/area
Driver/occupants profile
Offence

Question 4

Air Support Unit- Pursuit

Answer 4

To maintain observations and provide the Pursuit Controller with enhanced situational awareness - can order pursuit to be abandoned

Question 5

AOS/STG- Pursuit

Answer 5

Follow the instructions of the Pursuit Controller.
They can conduct non-compliant vehicle stops

Question 6

Dispatcher- Pursuit

Answer 6

Manages radio channel
May abandon the pursuit prior to the Pursuit Controller taking command
Must abandon the pursuit if a Pursuit Controller or team leader is not available.

Question 7

DCC and NCC- Pursuit

Answer 7

Have no command in fleeing driver events but may provide situational intelligence

Question 8

Field Supervisor - Pursuit

Answer 8

Maintain oversight
Provide support to staff
Continuously perform TENR to assess whether the risk associated to the pursuit can be justified
May order abandonment

Question 9

Initiating Unit- Pursuit

Answer 9

Acknowledge and comply with instructions from ECC
Relay all relevant information to the ECC
Complete the post fleeing driver requirements

Question 10

Lead unit - Pursuit

Answer 10

Any police unit who takes over from the initiating unit

Question 11

Level 1 reviewer - Pursuit

Answer 11

Reviews fleeing driver report to ensure compliance with policy and legislation

Question 12

Level 2 reviewer - Pursuit

Answer 12

Reviews fleeing driver notification to ensure compliance with policy
Reviews the ECC audio recording
Reviews any ASU footage
Identifies and effectively manages or escalates any health and safety risks, training issues or lessons learnt

Question 13

Constabulary passenger - Pursuit

Answer 13

A passenger in the initiating, lead or secondary vehicle

Question 14

Pursuit Controller - Pursuit

Answer 14

ECC shift commander
If theyre unavailable, a suitably trained team leader can step into this role.
COMMAND and CONTROL
Plan to resolve the pursuit safely
May order abandonment of pursuit

Question 15

Secondary Vehicle - Pursuit

Answer 15

Second vehicle involved. Can take over the lead unit if required

Question 16

Tactical Units- Pursuit

Answer 16

Any police unit not actively pursuing but available to carry out a tactical response.

Question 17

When can TDD be deployed?

Answer 17

Fleeing driver-not pursued
Fleeing driver-pursued
Pre-emptive deployment
Special Operations

Question 18

Solid cover definition

Answer 18

Any solid object or structure that by its makeup, is assumed to provide physical protection to the deploying officer or at least deflecting a vehicle away from the deploying officer. Fixed objects such as overpass pillars, buildings, guard rails and bridge abutments provide the best cover.

Question 19

s113. Land Transport Act 1998

Answer 19

Enforcement officers may enforce transport legislation. DIMFFD
DIRECT person to provide details
INSPECT test, examine any part of vehicle
MOVE what authorise person to move vehicle to place. Vehicle does not constitute traffic hazard
FORBID unlicensed driver
FORBID person operating transport service without licence
DIRECT driver to remove vehicle from road

Question 20

s114 Land Transport Act 1998

Answer 20

May signal or request a driver to stop
Person must remain stopped for as long as reasonably necessary or for 15 minutes
May arrest is person fails to comply with the requirements in this section

Question 21

s119. Land Transport Act 1998

Answer 21

Powers of entry
IF officer has GCTS that a person has;
-Contravened a request under 114 (other than subsection1)
-Committed an offence such as EBA, dangerous or reckless driving offences
and has been freshly pursued
May enter any premises of which the person has entered.
119 requires officer to identify themselves and inform occupants they are entering under 119.

Question 22

s119 Land Transport Act 1998
Subsection (3)

Answer 22

May enter a building or place where a vehicle is being kept and impound the vehicle if;
in fresh pursuit of he vehicle
believe CADD is about to occur
Believe vehicle is about to be used in the commission of an imprisonable offence.
if the time of the day or the locality makes i impractical to obtain a warrant.

Question 23

s120 Land Transport Act 1998

Answer 23

Arrest of persons GCTS alcohol or drug related offences, or assault on enforcement officer

Question 24

s121 Land Transport Act 1998

Answer 24

Enforcement officer may immobilise vehicle, forbid, direct rest if RGTB driver is incapable of having proper control or has not completed CIT or Work/rest time is not being complied with. Officer may forbid driver, direct driver to obtain rest, take position of keys, render vehicle immobile.

Question 25

s121A Land Transport Act 1998

Answer 25

Enforcement officer may give directions or immobilise vehicle if driver breaches certain licence conditions.
-Forbid
-Direct to drive to specific place
-Take posession of keys
-Immobilise vehicle to ensure it does not constitue a hazard
May arrest

Question 26

LAW NOTE
Tapara v. Police 1988
s114 Land Transport Act
Can you speak to passengers under 114?

Answer 26

As they were not exercising their powers under s114 due to only wanting to speak to the passenger, they could not rely on the section 114 to stop the vehicle.

Question 27

LAW NOTE
R v. T 2001
Stopping vehicles s114LTA and s314b, 317A Crimes Act

Answer 27

It is not lawful to use s114LTA to stop a vehicle for a purpose unrelated to traffic enforcement. There is a power under s121 of the SASA 2012 Act for a statutory search if certain prerequisites are met.

Question 28

LAW NOTE
Johnston v. Police 1995
s114 Procedure

Answer 28

Court held that the procedural requirements of 114 are not merely technical and that the failure to observe the elementary requirements of the section meant the stop was unlawful.
Requirements- Officer in uniform, wearing police headgear, or be using flashing blue or blue and red lights and a sounding siren when conducting a vehicle stop under section 114.

Question 29

LAW NOTE
Police v. Duff 2012
Conducting enquiries road side s114

Answer 29

Duty under s114 is for the driver to remain stopped as long as reasonably necessary for enforcement officer to obtain their identity but not longer than 15 minutes.
Duff provides that an enforcement officer may undertake enquiries in accordance with s114(2A)LTA. So a driver may be stopped for an officer to complete the exercise of the powers conferred or duties imposed, including inquiries to determine whether any powers or duties are to be exercised.

Question 30

LAW NOTE
Page v. Police 2001
Failure to identify s119

Answer 30

s119LTA requires an enforcement officer to identify themself and inform the occupants that they are entering the property under s119LTA.
Failure to do this MANDATORY requirement meant that the appeal was held.
The officers however were acting lawfully when they entered the premises as they were in fresh pursuit after the defendant failed to comply with s114LTA.

Question 31

s35 Policing Act 2008

Answer 31

Temporary closing of roads
-Public disorder exists or is imminent
-danger to a member of public exists or likely to be expected
-An offence punishable by 10 years or more has been committed or discovered at or near that place.
Includes a private road