BOR Act 1990

Question 1

NZBOR imposes some specific obligations on police which are:

Answer 1

s21 - protection against unreasonable search and seizure

s22 - protection against arbitrary arrest and detention

s23 - rights of a person arrested or detained

s24 - rights of a person charged with an offence

s24 - minimum standards of criminal procedure

Question 2

s21 - unreasonable search and seizure

Answer 2

Everyone has the right to be secure against unreasonable search and seizure, whether of the person, property, correspondence or otherwise.

Protects individuals reasonable expectation of privacy

Question 3

R v Goodwin

Answer 3

Communicated intention on the part of the police officer to hold the person under lawful authority

Question 4

s23 Rights during arrest / detention

Answer 4

• be informed of the reason for arrest/detention
• consult with a lawyer without delay and be told that
• have arrest/detention validated by habeas corpus and released if unlawful
• after arrest be charged promptly or released
• if not releases brought be for a court asap
• refrain from making a statement and informed of that right
• treated with humanity and respect

Question 6

s21 - what is a search

Answer 6

No set definition

Recent case law suggests a “search” constitutes a conscious act of state intrusion into an individual’s reasonable expectation of privacy as opposed to mere observation

Question 7

s21 - what is a seizure

Answer 7

No set definition

Is removing something from the possession of someone else

Question 8

Unlawfully search and seizure

Answer 8

Unlawful searches will almost always be unreasonable and breach s21

A search is good faith may not be unreasonable

M v R - unlawful search in good faith - mistaken about s88 search for fingernail clippings and swab as he wasn’t under arrest/detained

Question 10

Searches carried out in an unreasonable manner

Answer 10

A search that would be reasonable is unreasonable if it is carried out in an unreasonable manner

eg - strip search in a public street, should be done in private

Question 11

Minor irregularities during search

Answer 11

Unlawful search be cause of minor irregularities may not be unreasonable.

Evidence may be admissible

It won’t be reasonable if the breach was known BEFORE the search/seizure

Question 12

Police v Vennell

Answer 12

Reasonable expectation of privacy in GPS data from EM Data via corrections constitutes a search and seizure