Areas to work on

Question 1

Arms Act Section 66 – Occupier of premises or driver of vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive found therein

Answer 1

For the purposes of this Act every person in occupation of any land or building or the driver of any vehicle on which any firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive is found shall, though not to the exclusion of the liability of any other person, be deemed to be in possession of that firearm, airgun, pistol, imitation firearm, restricted weapon, or explosive, unless he proves that it was not his property and that it was in the possession of some other person.

Question 2

Command and control consists of three essential elements:

Answer 2

• Leadership
• Decision making
• Control

Question 3

In an unplanned entry situation Police should (clan lab):

Answer 3

• immediately remove persons of interest from the premises
• isolate the site and maintain a safety perimeter
• preserve the crime scene
• notify their duty Inspector or Duty NCO, contact the NCLRT and where appropriate the local fire service and ambulance
• seek advice from a NCLRT member or Fire and Emergency New Zealand about decontamination procedures
• occupants of the address and staff who have entered the address are to remain separated until decontamination issues have been addressed
• seek medical advice if you experience any adverse effects.

Question 4

Section 229 – Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning

Answer 4

Where –

(i) The person nominated by the child or young person for the purposes of paragraph (a) of this subsection is not a parent or guardian or other person having the care of the child or young person; or
(ii) The child or young person refuses or fails to nominate any person in accordance with section 231 of this Act, –

unless it is impracticable to do so, inform the parents or guardians or other persons having the care of the child or young person that the child or young person is at the enforcement agency office for questioning or has been arrested.

Question 5

208 CYP Act - that any sanctions imposed on a child or young person who commits an offence should

Answer 5

(i) Take the form most likely to maintain and promote the development of the child or young person within [their] family, whanau, hapu, and family group; and
(ii) Take the least restrictive form that is appropriate in the circumstances:

Question 6

S&S S10 - Powers and duties of constable after vehicle stopped

Answer 6

(1)
A constable exercising the stopping power under section 9 may do any 1 or more of the following:
(a)
require any person in or on the vehicle who the constable has reasonable grounds to suspect is unlawfully at large or has committed an offence punishable by imprisonment to supply all or any of his or her name, address, other contact details, and date of birth:
(b)
search the vehicle to locate the person referred to in section 9, if the constable has reasonable grounds to believe that the person is in or on the vehicle:
(c)
search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under section 9, if the person referred to in section 9—
(i)
has been arrested; or
(ii)
is seen fleeing from the vehicle before he or she can be arrested.

Question 7

Section 202A - What is an offensive weapon and what is a defence to the charge

Answer 7

(1)
In subsection (4)(a) offensive weapon means any article made or altered for use for causing bodily injury, or intended by the person having it with him or her for such use.
(2)
In subsection (4)(b) offensive weapon means any article capable of being used for causing bodily injury.
(3)
In this section disabling substance means any anaesthetising or other substance produced for use for disabling persons, or intended by any person having it with him or her for such use.
(4)
Every one is liable to imprisonment for a term not exceeding 3 years—
(a)
who, without lawful authority or reasonable excuse, has with him or her in any public place any knife or offensive weapon or disabling substance; or
(b)
who has in his or her possession in any place any offensive weapon or disabling substance in circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence.
(5)
It is a defence to a charge under subsection (4)(b) if the person charged proves that he or she did not intend to use the offensive weapon or disabling substance to commit an offence involving bodily injury or the threat or fear of violence.

Question 8

Primary objective of powers under Civil defence emergency act

Answer 8

Preserving life and preventing injury

Question 9

Section 15-18 Criminal Disclosure Act - Withholding information

Answer 9

• the prosecutor does not hold the information in recorded form or is not in possession or control of it (s15)
• disclosure is likely to prejudice the maintenance of the law (s16(1)(a))
• disclosure is likely to endanger the safety of any person (s16(1)(b))
• it is material prepared to assist in the conduct of the trial/ prosecution (s16(1)(c)(i))
• a communication dealing with matters relating to the conduct of the prosecution and is between the prosecutor and another person employed by the same person or agency that employs the prosecutor; or the prosecutor and any adviser to the prosecutor (s16(1)(c)(ii))

Question 10

Evidence - level of proof regarding oppression

Answer 10

The Judge must exclude the statement unless satisfied beyond reasonable doubt that the statement was not influenced by oppression.

Question 11

Evidence - level of proof regarding reliability

Answer 11

The Judge must exclude the statement unless satisfied on the balance of probabilities that the circumstances in which the statement was made were not likely to have adversely affected its reliability.

Question 12

Evidence - When the defendant or the Judge raise the issue of whether the evidence was improperly obtained, the Judge must…

Answer 12

(a) find, on the balance of probabilities, whether or not the evidence was improperly obtained; and
(b) if the Judge finds that the evidence has been improperly obtained, determine whether or not the exclusion of the evidence is proportionate to the impropriety by means of a balancing process that gives appropriate weight to the impropriety and takes proper account of the need for an effective and credible system of justice.

Question 13

evidence is improperly obtained if it is obtained..

Answer 13

(a) in consequence of a breach of any enactment or rule of law by a person to whom section 3 of the New Zealand Bill of Rights Act 1990 applies; or
(b) in consequence of a statement made by a defendant that is or would be inadmissible if it were offered in evidence by the prosecution; or
(c) unfairly.

Question 14

When a defendant offers propensity evidence about themselves

Answer 14

Section 41(2) provides that, by offering evidence of his or her propensity to act in a good fashion, the defendant opens the door to rebutting evidence from the prosecution or another party (with the permission of the judge). This is to prevent the judge or jury from forming the wrong impression about the defendant’s character. It is unlikely that permission will be granted under s 41(2) where the only propensity evidence offered by the defendant is evidence that he or she has no relevant previous convictions:

Question 15

Propensity evidence offered by the prosecution may be admitted when…

Answer 15

“has a probative value in relation to an issue in the proceeding which outweighs the risk that the evidence may have an unfairly prejudicial effect on the defendant”

Question 16

Admissibility of voice identification evidence

Answer 16

Voice identification evidence offered by the prosecution in a criminal proceeding is inadmissible unless the prosecution proves on the balance of probabilities that the circumstances in which the identification was made have produced a reliable identification.

Question 17

Flexible working options for FEO

Answer 17

• Working from home or an alternative location – If duties and technology allows, employees can opt to work from areas other than their core workspace. This could be either at home or another location, and could be all the time or split depending on the employee’s needs.
• Flexi-time – This allows an employee to work a set number of hours a week that can be varied from week to week.
• Part-time– This means working less than full time hours a week. This could mean working only on certain days, or working fewer hours each day
• Condensed hours – This means working full time hours but condensing those hours into a shorter week.

Question 18

Section 13 – Duty of Commissioner to notify Authority of certain incidents involving death or serious bodily harm

Answer 18

Where a Police employee acting in the execution of his or her duty causes, or appears to have caused, death or serious bodily harm to any person, the Commissioner shall as soon as practicable give to the Authority a written notice setting out particulars of the incident in which the death or serious bodily harm was caused.

Question 19

Section 15 – Duty of Commissioner to notify Authority of complaints

Answer 19

Notification must be given as soon as practicable, but no later than 5 working days after receipt of the complaint.

Question 20

Male carrying open beer and sealed

wine, lives in L/Ban area, Can he be charged.

Answer 20

yes living in L/Ban is not an exemption

Question 21

Our Business - Our People

Answer 21

• Safe and feel safe
• Valued
• Fair to all
• Compassionate and reflective

Question 22

Risk Management, do you always need to escalate risk that is high or very high?

Answer 22

No not if it can be managed without escalating

Question 23

H&S - What place is not considered a workplace?

Answer 23

• Employees home
• Vehicle
• Side of the road

Question 24

What is NOT unacceptable behaviour?

Answer 24

• Differences of opinion.
• Legitimate leadership action to improve performance and insistence on high standards of performance, cooperative team working, punctuality and attendance.
• An isolated incident of abruptness.

Question 25

Section 269 – Power of Police to demand information. Sale and supply of alcohol

Answer 25

If any person, without reasonable excuse, refuses or fails to provide any particulars or evidence when required to do so by a constable under this section, and persists in refusing or failing after being cautioned by the constable, he or she may be arrested, without warrant, by any constable.

Question 26

Purpose of a coroner’s inquiry

Answer 26

•establish:
−that a person has died
−the person’s identity
−when and where the person died
−the causes of the death
−the circumstances of the death.

Question 27

Deaths that must be reported

Answer 27

• a death that appears to have been without known cause, or suicide, or unnatural or violent
• a death for which no doctor has given a doctor’s certificate (defined in s2(1) Burial and Cremation Act 1964)
• a death that occurred during medical, surgical or dental treatment
• any death while the woman concerned was giving birth, or that appears to have been a result of that woman being pregnant or giving birth
• a death in official custody or care

Question 28

Who is qualified to verify death?

Answer 28

• Registered Medical Practitioner
• Nurse – Practitioner, Registered, or Enrolled
• Registered Midwife
• Intensive Care Paramedic
• Paramedic
• Emergency Medical Technician

Question 29

Refreshing memory - What must be done

Answer 29

• The leave of the judge must be obtained

* The document must be shown to every other party in the proceeding

Question 30

Police bail for family violence offences

Answer 30

When deciding whether to grant Police bail, the primary consideration is the safety of the victim and their family members

Question 31

Employee injured, who does report and within what timeframe

Answer 31

Supervisor within 48 hours

Question 32

Purpose of evidence law

Answer 32

The purpose of this Act is to help secure the just determination of proceedings by—

(a) providing for facts to be established by the application of logical rules; and
(b) providing rules of evidence that recognise the importance of the rights affirmed by the New Zealand Bill of Rights Act 1990; and
(c) promoting fairness to parties and witnesses; and
(d) protecting rights of confidentiality and other important public interests; and
(e) avoiding unjustifiable expense and delay; and
(f) enhancing access to the law of evidence.

Question 33

What is evidence?

Answer 33

“Evidence” is the term for the whole body of material which a court or tribunal – i.e. in criminal cases the Judge or jury – may take into account in reaching their decision.

Evidence may be in oral, written or visual form.