Chapter 3.4: Local Government Act 2002

Question 1

Under S.169 Local Government Act 2002, a constable may…?

Answer 1

For purpose of ascertaining if alcohol present search: container in person’s possession vehicle in or entering restricted place Seize alcohol in breach arrest for breach or failing to comply with request to leave or surrender alcohol

Question 2

Under S.170 what are the conditions relating to the power of search? What are the exceptions to this?

Answer 2

inform person in possession of container/vehicle that they have opportunity to remove and give reasonable opportunity to do so Bylaw authorises immediate power of search without further notice if territorial authority has specified dates or specified events notified by public notice 14 days prior with 1 or more clearly identifiable notices affixed in 1 or more conspicuous places unless impractical/unreasonable.

Question 3

What are the enforcement principles that Police apply re alcohol bans?

Answer 3

Not directed to strict compliance but rather having regard to reasons for imposing a ban. TIme, place, circumstances whether appropriate to take action. Prevention of alcohol related harm/antisocial behavior (ie: existence of public disorder/violence/public complaints/concerning behaviour/public intoxication)

Question 4

Enforcement in a particular location must be seen to be what?

Answer 4

Fair.

Question 5

Alcohol means a substance that on analysis has what?

Answer 5

1.15% or more ethanol by weight in a form that can be consumed by people.

Question 6

As part of your steps on discovering a person suspected of breaching an alcohol ban, you should do what?

Answer 6

That person knew they were in a restricted area and substance is alcohol. Record answers in notebook and get them to sign for forfeiture/destruction. Should avoid taking as exhibit.