Chapter 6- Road Policing

Question 1

Urgent Duty Driving

Overriding principle

Pg3)

Answer 1

Employees must drive at an APPROPRIATE SPEED and MANNER and bear in mind that they:
• are INDIVIDUALLY LEGALLY RESPONSIBLE for their ACTIONS
• must PRIORITISE PUBLIC and POLICE SAFETY.
NO DUTY IS SO URGENT that it REQUIRES the PUBLIC or POLICE to be PLACED AT UNJUSTIFIED RISK.

Note: CONSTABLES MUST ASSESS the RISK of CARRYING NON- CONSTABULARY PASSENGERS BEFORE UNDERTAKING URGENT DUTY DRIVING.

Question 2

Urgent Duty Driving

What is urgent duty driving?

Pg3)

Answer 2

Urgent duty driving is when a CONSTABLE DRIVING ABOVE THE SPEED LIMIT or the NATURAL FLOW OF TRAFFIC, and MAY NOT BE COMPLYING WITH CERTAIN TRAFFIC RULES and is:

either

• RESPONDING to a CRITICAL INCIDENT
• GATHERING EVIDENCE of an ALLEGED OFFENCE
• APPREHENDING an OFFENDER for a TRAFFIC or
CRIMINAL OFFENCE
• APPREHENDING a FLEEING DRIVER
• ENGAGED in ACTIVITIES APPROVED by the
COMMISSIONER in writing

and

are RELYING on the DEFENCES UNDER the Land Transport (Road User) Rule 2004 (RUR) and the Land Transport Act 1998 (LTA) FOR NOT COMPLYING WITH CERTAIN TRAFFIC RULES and REGULATIONS WHICH WOULD PREVENT THE EXECUTION OF THAT DUTY.

Question 3

Urgent Duty Driving is a ‘critical incident’?

What is a ‘critical incident’?

Pg4)

Answer 3

A ‘critical incident’ includes situations where:
• FORCE or the THREAT OF FORCE is involved
• ANY PERSON FACES THE RISK OF SERIOUS HARM
• POLICE are RESPONDING TO PEOPLE IN THE ACT OF COMMITTING A CRIME

Question 4

Urgent Duty Driving

Factors to consider

Pg4)

Answer 4

Drivers MUST TAKE ALL CIRCUMSTANCES INTO ACCOUNT including the following factors when DECIDING TO COMMENCE or CONTINUE URGENT DUTY DRIVING and to DETERMINE the APPROPRIATE SPEED and DRIVING MANNER:
• TIME of the INCIDENT (IS IT IN PROGRESS?)
• NATURE and SERIOUSNESS of the INCIDENT
• PROXIMITY of OTHER UNITS TO THE INCIDENT
• ENVIRONMENT, e.g. WEATHER, TRAFFIC VOLUME, ROAD TYPE, SPEED LIMIT and
PEDESTRIANS etc
• DRIVER CLASSIFICATION, VEHICLE CLASSIFICATION and VEHICLE PASSENGERS
• WHETHER WARNING DEVICES ARE ACTIVATED or a ‘TACTICAL APPROACH’ is being
used.
Note: Situations may change, meaning DRIVERS and CONSTABLES WHO ARE PASSENGERS MUST CONSTANTLY RE-ASSESS THE SITUATION CONSIDERING THE ABOVE FACTORS IN LINE WITH TENR, (the operational threat assessment tool).
The MANNER and SPEED OF DRIVING MUST BE ADJUSTED ACCORDINGLY (e.g. ENVIRONMENTAL conditions, INCIDENT SERIOUSNESS or ROAD SPEED LIMIT).

Question 5

Urgent Duty Driving

Warning devices

Pg4)

Answer 5

Police MUST USE FLASHING LIGHTS and SIRENS at all times (CONTINUOUSLY) while undertaking URGENT DUTY DRIVING UNLESS a ‘TACTICAL APPROACH’ is used.
POLICE MUST NOT RELY ON ROAD USERS TO TAKE EVASIVE ACTION when warning lights and sirens are activated – THEY DO NOT GUARANTEE SAFETY.

Question 6

Urgent Duty Driving

What is a ‘Tactical Approach’?

Pg4)

Answer 6

A ‘TACTICAL APPROACH’ refers to URGENT DUTY DRIVING WITHOUT THE ACTIVATION OF EITHER LIGHTS AND/OR SIRENS.
Undertaking urgent duty driving without the activation of warning lights and/or sirens INCREASES the ROAD SAFETY RISKS TO POLICE AND PUBLIC.
Therefore, using a tactical approach is the EXCEPTION RATHER THAN THE RULE.
VEHICLE SPEED and MANNER OF DRIVING MUST REFLECT and TAKE INTO ACCOUNT the INCREASED RISKS RESULTING from the ABSENCE OF WARNING DEVICES.

A TACTICAL APPROACH CAN INVOLVE:
• ADJUSTING vehicle SPEED
• TURNING OFF or NOT ACTIVATING the SIREN
• TURNING OFF or NOT ACTIVATING the WARNING LIGHTS.

For example:
• APPROACHING a SCENE OF A SERIOUS CRIME IN PROGRESS, or
• ATTENDING A REPORT OF A SUICIDAL PERSON, or
• OBTAINING EVIDENCE of a speeding offence, WHERE THE DRIVER’S DRIVING IS NOT DANGEROUS and THE RISK OF NOT USING THE WARNING DEVICES IS JUDGED AS LOW.
Any tactical approach MUST BE PROPORTIONAL TO THE INCIDENT, IN LINE WITH the TENR assessment, and BE ABLE TO BE EXECUTED SAFELY.

A TACTICAL APPROACH, WITHOUT LIGHTS OR SIRENS WHILST EXCEEDING THE SPEED LIMIT or NATURAL FLOW OF TRAFFIC, can ONLY BE USED IN JUSTIFIABLE CIRCUMSTANCES.
Notes:
• You will NEED TO JUSTIFY YOUR DECISION TO USE A TACTICAL APPROACH SHOULD THERE BE ANY SUBSEQUENT INVESTIGATION.
• IF NEITHER LIGHTS NOR SIRENS ARE USED, then the DEFENCES FOR PROCEEDING AGAINST TRAFFIC SIGNALS OR THROUGH INTERSECTIONS DO NOT APPLY.

Note: A TACTICAL APPROACH CANNOT BE USED ONCE A FLEEING DRIVER INCIDENT IS INITIATED. ANY DEACTIVATION OF WARNING DEVICE MUST BE IN LINE with the FLEEING DRIVER ABANDONMENT PROCEDURE.
Using a tactical approach can be an advantage, allowing you to bring a patrol car closer to an offender/incident WITHOUT ALERTING ANYONE OF YOUR ARRIVAL. This can also provide you with greater opportunities to GATHER EVIDENCE.
LIGHTS, SIRENS, ENGINE NOISE MAY ALERT AN OFFENDER or AGGRAVATE A SITUATION.

Question 7

Urgent Duty Driving

Responsibilities

Pg5)

Field supervisor

Answer 7

• Manages Police PERFORMANCE RELATING to DRIVING BEHAVIOUR
• IDENTIFIES and MANAGES HEALTH and SAFETY RISKS to THOSE STAFF.
• IMMEDIATELY REPORTS POLICY BREACHES TO THEIR SUPERIOR.
• INVESTIGATES AND REPORTS CRASHES INVOLVING A POLICE VEHICLE.

Question 8

Fleeing Driver Policy

Executive summary

Pg7)

Answer 8

The PURPOSE of the FLEEING DRIVER POLICY is to PROVIDE STAFF with an OVERVIEW of fleeing driver INCIDENT MANAGEMENT TO ENSURE THAT SAFETY IS PRIORITISED and WHERE POSSIBLE RISKS MINIMISED.

POLICE PURSUING or MANAGING THE PURSUIT of a fleeing driver MUST BE AWARE OF THESE KEY POINTS:
• The DECISION TO COMMENCE, CONTINUE, or ABANDON A FLEEING DRIVER PURSUIT
MUST BE CONTINUALLY ASSESSED and REASSESSED IN ACCORDANCE WITH TENR.
• PUBLIC and POLICE EMPLOYEE SAFETY TAKES PRECEDENCE OVER THE IMMEDIATE APPREHENSION OF A FLEEING DRIVER.
• RESOLVING the fleeing driver PURSUIT as SAFELY and as QUICKLY AS POSSIBLE,
USING THE LEAST AMOUNT OF FORCE IN THE CIRCUMSTANCES, is the KEY OBJECTIVE.
• An INQUIRY PHASE IS PREFERRED OVER A FLEEING DRIVER PURSUIT WHEREVER POSSIBLE.
• DECISIONS to ABANDON FLEEING DRIVER INCIDENTS WILL BE SUPPORTED.

Question 9

Fleeing Driver Policy

Overall principles

Pg7)

Answer 9

The OVERARCHING PRINCIPLE is that PUBLIC and POLICE EMPLOYEE SAFETY TAKES PRECEDENCE OVER THE IMMEDIATE APPREHENSION of a FLEEING DRIVER.

Additional principles are:
• fleeing driver incidents must be managed in the safest possible manner;
• an inquiry phase is preferred over a fleeing driver pursuit wherever
possible and when circumstances allow;
• fleeing driver incidents will only be commenced and/or continued when
the seriousness of the offence and the necessity of immediate
apprehension outweigh the risk of pursuing;
• the fact that a driver is fleeing does not in itself justify a fleeing driver
pursuit;
• no situation permits careless, dangerous or reckless driving, or driving at a
dangerous speed by Police;
• decisions to abandon fleeing driver incidents will be supported;
• Police employees will use risk-based assessments (e.g. TENR) and apply
a flexible response to changing circumstances; and
• Fleeing drivers will be held to account.

Question 10

Fleeing Driver Policy

Definitions

Pg8)

Answer 10

ABANDON

PERMANENTLY ABANDON the FLEEING DRIVER PURSUIT.
NO FURTHER ATTEMPT to SIGNAL the VEHICLE TO STOP WILL BE MADE
UNLESS the PURSUIT CONTROLLER GIVES PRIOR APPROVAL.

DISTRICT REVIEWER.

NOMINATED by the DISTRICT COMMANDER to REVIEW PURSUITS in THEIR DISTRICT.

FIELD SUPERVISOR.

The field supervisor with LINE CONTROL of EITHER THE LEAD or SECONDARY VEHICLE DRIVER.

FLEEING DRIVER.

A DRIVER WHO HAS BEEN SIGNALLED TO STOP BY A CONSTABLE BUT FAILS TO DO SO.

POLICE CONSTABULARY PASSENGER.

A CONSTABLE WHO is a PASSENGER in the LEAD or SECONDARY VEHICLE.

LEAD VEHICLE.

The FIRST POLICE VEHICLE PURSUING the FLEEING DRIVER.

PURSUIT CONTROLLER.

The SHIFT COMMANDER at Police Communications (FIELD SUPERVISOR orPERSON TO WHOM COMMAND IS TRANSFERRED FROM POLICE COMMUNICATIONS) who MANAGES the fleeing driver PURSUIT.
If a POLICE COMMUNICATIONS SHIFT COMMANDER IS UNAVAILABLE, a CONSTABULARY TEAM LEADER MAY TAKE THE ROLE OF PURSUIT CONTROLLER.
In EXCEPTIONAL CIRCUMSTANCES, this MAY BE A POLICE EMPLOYEE WHO IS NOT A CONSTABLE.
In cases where the Pursuit Controller is not a Police Communications constabulary member or command is passed to a Field supervisor, this MUST BE IDENTIFIED in the weekly COMMS REPORT and ASSESSED to IDENTIFY WHETHER THERE WERE ANY OPERATIONAL RISKS and ISSUES that MAY REQUIRE FURTHER ACTION.

Note: POLICE COMMUNICATIONS RETAIN OVERALL OVERSIGHT and ORGANISATIONAL RISK MANAGEMENT EVEN THOUGH COMMAND MAY HAVE BEEN PASSED TO A FIELD SUPERVISOR.
POLICE COMMUNICATIONS MAY RETAKE COMMAND.

SECONDARY VEHICLE.

The SECOND POLICE VEHICLE in the fleeing driver pursuit THAT FOLLOWS THE LEAD VEHICLE.

SIGNALLING DRIVER TO STOP.

POLICE VEHICLE DRIVES UP BEHIND the VEHICLE/DRIVER CONCERNED and SIGNALS the DRIVER TO STOP using FLASHING RED and BLUE LIGHTS and a SIREN.
An OFFICER in UNIFORM MAY ALSO SIGNAL A VEHICLE TO STOP.

TACTICAL VEHICLE/S

ANY POLICE VEHICLE or OFFICER NOT ACTIVELY PURSUING the FLEEING DRIVER but SEEKING AUTHORISATION FROM the PURSUIT CONTROLLER to CONDUCT APPROVED TACTICAL OPTIONS.

Question 11

Fleeing Driver Policy

Decision to pursue

Pg9)

Answer 11

Given how quickly a fleeing driver pursuit can develop and circumstances change, assessing the risks must be a continuous process until the pursuit is resolved or abandoned by all staff involved.
TENR (Threat-Exposure-Necessity-Response) is a decision-making process that supports the timely and accurate assessment of information directly relevant to the safety of Police and others. The response to any given situation must be considered, timely, proportionate and appropriate.
The overriding principle when applying TENR is that of ‘safety is success’. Public and employee safety are paramount, and every effort must be made to minimise harm and maximise safety.
The decision on whether to commence or continue a fleeing driver pursuit is one which requires careful initial and ongoing consideration of all of the known circumstances that exist at that time, as part of the TENR risk assessment.
The TENR risk assessment must balance the ongoing exposure to harm that the fleeing driver incident poses, or is creating, with the current threat that the fleeing driver poses and the necessity to respond. This will determine your response.
As part of a flexible response model all suitable tactical options should be considered or requested to safely apprehend the fleeing driver. This could include not pursuing or abandonment.
If the driver does not pose an imminent threat, as determined by the TENR risk assessment, the preferred approach is for the offender to be apprehended through subsequent lines of inquiry.

Question 12

Fleeing Driver Policy

Motorcyclists

Pg9)

Answer 12

Motorcyclists often flee at HIGH SPEEDS, undertaking HIGH RISK BEHAVIOURS, which place INCREASED RISKS on ALL INVOLVED.
Any decision to pursue a motorcyclist MUST BALANCE the SEVERITY of the OFFENDING AGAINST the CURRENT RISKS in ACCORDANCE with TENR.

Question 13

Fleeing Driver Policy

Police presence

Pg9)

Answer 13

If a fleeing driver WAS NOT DRIVING in a DANGEROUS or RECKLESS MANNER PRIOR to BEING SIGNALLED TO STOP, BUT NOW IS, the OFFICR MUST DETERMINE as PART OF THEIR RISK ASSESSMENT IF THEY SHOULD CONTINUE to pursue the fleeing driver DUE TO THE POTENTIAL IMPACT OF THEIRL PRESENCE.

Question 14

Fleeing Driver Policy

Responsibilities during a fleeing driver pursuit

Pg10)

Answer 14

ONCE a fleeing driver pursuit is COMMENCED, OFFICER ACTIONS SHOULD BE FLEXIBLE and APPROPRIATE to what are often RAPIDLY CHANGING SITUATIONS, WITH ALL APPROPRIATE TACTICAL OPTIONS and RESOURCES AVAILABLE APPLIED.
The LEAD or SECONDARY VEHICLE DRIVERS or their PASSENGERS, the FIELD SUPERVISOR, and the PURSUIT CONTROLLER
ALL HAVE A RESPONSIBILITY TO MAKE DECISIONS about the SAFE MANAGEMENT and APPREHENSION OF THE FLEEING DRIVER.
ANY of these INDIVIDUALS CAN ORDER the FLEEING DRIVER PURSUIT TO BE ABANDONED.

Question 15

Fleeing Driver Policy

Responsibilities during a fleeing driver pursuit

Pg10-11)

Answer 15

LEAD VEHICLE DRIVER

Has PRIMARY RESPONSIBILITY for DECIDING WHETHER to PURSUE a FLEEING DRIVER.
The LEAD VEHICLE DRIVER MUST:
• CONTINUOUSLY ASSESS the RISKS (TENR)
• ENSURE WARNING LIGHTS and SIREN are ACTIVATED THROUGHOUT the fleeing
driver PURSUIT
• where there is a POLICE constabulary PASSENGER
DIRECT THAT OFFICER TO UNDERTAKE COMMUNICATIONS
• NOTIFY POLICE COMMUNICATIONS AS SOON AS PRACTICABLE and WHEN it is SAFE TO DO SO THAT A VEHICLE HAS FAILED TO STOP, LOCATION, DIRECTION, FLEEING VEHICLE DESCRIPTION, and REASON IT IS BEING PURSUED (FAILURE TO STOP IS NOT A REASON)
• ACKNOWLEDGE the PURSUIT WARNING GIVEN BY DISPATCHER
• MAINTAIN REGULAR COMMUNICATION WITH POLICE COMMUNICATIONS WHEN it is SAFE TO DO SO
• COMPLY WITH ALL DIRECTIONS FROM the PURSUIT CONTROLLER.
Note: notwithstanding the above provisions, NO DRIVER CAN BE DIRECTED TO COMMENCE OR CONTINUE a fleeing driver PURSUIT AGAINST THEIR JUDGEMENT. A DRIVER’S DECISION NOT TO COMMENCE a fleeing driver PURSUIT, or to ABANDON a PURSUIT, CANNOT BE OVERRIDDEN.

POLICE CONSTABULARY PASSENGER

• MUST UNDERTAKE RADIO COMMUNICATIONS IF IN LEAD VEHICLE.
• ADVISES the LEAD VEHICLE DRIVER of POSSIBLE RISKS or ANY OTHER CONSIDERATIONS.
• MAY DIRECT the LEAD VEHICLE DRIVER to ABANDON the fleeing driver PURSUIT.
The PURSUIT CONTROLLER MUST BE NOTIFIED WHEN SAFE TO DO SO INCLUDING REASON FOR ABANDONMENT.

SECONDARY VEHICLE.

• FOLLOWS BEHIND LEAD VEHICLE at a SAFE DISTANCE, to PROVIDE SUPPORT and TACTICAL OPTIONS AS REQUIRED.
• TAKES over the PURSUIT COMMENTARY, IF LEAD VEHICLE is SINGLE-CREWED.
• MAY DIRECT the FLEEING DRIVER PURSUIT TO BE ABANDONED by NOTIFYING the PURSUIT CONTROLLER, WHEN SAFE TO SO, INCLUDING REASON FOR ABANDONMENT.

OTHER POLICE VEHICLES in VICINITY or RESPONDING as a REQUESTED TACTICAL OPTION

• MUST NOT ACTIVELY PARTICIPATE IN FLEEING DRIVER PURSUIT or RESPOND, UNLESS they are PREPARING TACTICAL OPTIONS, UNDERTAKING a TEMPORARY ROAD CLOSURE, COLLECTING INTELLIGENCE or are RESPONDING to a PURSUIT CONTROLLER DIRECTION THAT COULD ASSIST IN SAFELY STOPPING THE FLEEING DRIVER.
• NOTIFY the PURSUIT CONTROLLER of your LOCATION, TACTICAL OPTION AND SEEK PERMISSION AS APPROPRIATE, WHEN SAFE TO DO SO, IF SELF-INITIATING A TACTICAL OPTION.
• MUST CEASE ALL NON-ESSENTIAL RADIO COMMUNICATION.
• MUST NOT FOLLOW BEHIND the FLEEING DRIVER PURSUIT UNLESS DIRECTED or
APPROVED TO DO SO BY the PURSUIT CONTROLLER.
• MUST COMPLY with the ‘URGENT DUTY DRIVING’ chapter and ANY DIRECTION from the PURSUIT CONTROLLER

Question 16

Fleeing Driver Policy

Communications

Pg12) Communication information for fleeing driver incidents

Answer 16

Step1a)
Police vehicle must advise Police Communications of the pursuit, when safe to do so, including the justification eg,:
“Comms Centre, {vehicle call sign}, in pursuit.”
• LOCATION
• DIRECTION OF TRAVEL
• FLEEING VEHICLE DESCRIPTION
• REASON for PURSUIT
The LEAD VEHICLE MUST REPEAT the SIT-REP UNTIL POLICE COMMUNICATIONS TRANSMITS ACKNOWLEDGEMENT.

Step 1b)
Police Communications transmits pursuit warning to all vehicles involved:
“{Call sign} if there is any unjustified risk to any person you must abandon pursuit immediately. Acknowledge”
Vehicle/s acknowledges the pursuit warning with the words:
“{Call sign} Roger”

Step1c)
Police Communications transmits:
“{Call sign} confirm lights and siren are activated”
Vehicle/s acknowledges the pursuit warning with the words:
“{Call sign} Roger”

Police officers and Communications Centre staff are responsible for transmitting and requesting relevant information, at regular intervals, that will assist the Pursuit Controller with incident management.
Commentary should be maintained with breaks, at 5 SECOND INTERVALS, or when it is safe to do so.

Step2a)
Police unit transmits or Police Communications request:
• call sign
• speed over posted limit
• manner of driving by fleeing driver.

Step2b)

Police unit transmits or Police Communications request:
• call sign
• road rule breach
• location
• speed over posted limit
• road and traffic conditions

Step2c)
Police Communications transmits:
“{Call sign} report driver identity”
Officer responds with requested information.
If the driver’s identify is known, Police Communications must be notified of the reason for the continuation of the pursuit, if not already known. The Pursuit Controller prompts for additional information and sit-reps and coordinates a tactical response as appropriate.

Additional Information
Officers should only pursue a fleeing driver in accordance with Police policy and legislation.
PPDP driver classification and vehicle class may be requested (or transmitted) by Police Communications.

Step3)
Police Communications transmits:
“{Call sign} report driver and vehicle class”
Vehicle reports the requested information, i.e.:
• call sign
• PPDP driver class
• vehicle class.
Note: PPDP Silver drivers with a Gold supervisor in the vehicle can report as Gold while under supervision.

Question 17

Fleeing driver policy

Direction to abandon

Pg14)

Answer 17

When the LEAD or SECONDARY VEHICLE DRIVERS or their PASSENGERS, the FIELD SUPERVISOR, or the PURSUIT CONTROLLER DIRECT the fleeing driver PURSUIT TO BE ABANDONED, the PURSUIT CONTROLLER MUST ADVISE ALL VEHICLES INVOLVED that the PURSUIT IS ABANDONED. This DOES NOT NEGATE the PURSUIT CONTROLLER CONSIDERING OTHER TACTICAL OPTIONS, or INITIATING an INQUIRY PHASE TO APPREHEND THE FLEEING DRIVER.

The standard Pursuit Controller direction to abandon a pursuit is:
“{Call sign} All vehicles, abandon pursuit now.”
Field staff should notify Police Communications of the abandonment, the
reason and current location, for example:
“{Call sign} pursuit abandoned because {reason for abandonment, location xxxx}.”
Once the DIRECTION TO ABANDON is GIVEN, AL VEHICLES MUST ABANDON the fleeing driver PURSUIT.All vehicles must therefore comply with the road user rule. Where aerial surveillance is involved, this direction MUST SPECIFY WHETHER THE AIRCRAFT MUST ABANDON OBSERVATIONS or ASSIST WITH an INQUIRY PHASE.

All Police vehicles actively pursuing must immediately carry out these steps following a direction or decision to abandon a pursuit.

1. ACKNOWLEDGE any DIRECTION TO ABANDON the fleeing driver pursuit, or ADVISE the Pursuit Controller that the PURSUIT HAS BEEN ABANDONED.
2. IMMEDIATELY REDUCE SPEED to INCREASE the DISTANCE BETWEEN FLEEING VEHICLE and their own.
3. DEACTIVATE WARNING DEVICES INCE BELOW the POSTED SPEED LIMIT.
4. STOP AS SOON AS IT IS SAFE TO DO SO.
   If stopping in an area such as a MOTORWAY, SAFETY MAY NECESSITATE that the WARNING LIGHTS REMAIN ACTIVATED UNTIL VEHICLE IS MOBILE AGAIN.
5. CONFIRM TO the PURSUIT CONTROLLER they are STATIONARY and STATE their SPECIFIC LOCATION.
6. UNDERTAKE an INQUIRY PHASE or TACTICAL OPTIONS AS DIRECTED.

Question 18

Fleeing Driver Policy

Inquiry phase

Pg15)

Answer 18

If the fleeing driver is not apprehended at the time of the fleeing driver pursuit, all viable lines of inquiry to identify and hold the fleeing driver accountable should be exhausted. The inquiry phase should be dealt with as a PRIORITY PREVENTION ACTIVITY.
An INQUIRY PHASE DOES NOT QUALIFY FOR URGENT DUTY DRIVING.
An inquiry phase may consist of, but not limited to, the following actions:
• AIRCRAFT MONITORS the FLEEING DRIVER to allow inquiry phase to be initiated
• OBSERVATIONS
• REGISTERED VEHICLE ADDRESS INQUIRY
• SPEED CAMERA PHOTOGRAPHS
• UNLAWFULLY TAKEN VEHICLES INQUIRIES
• REPORTED PETROL DRIVE-OFFS
• CCTV FOOTAGE area inquiries
• SECTION 118 Land Transport Act 1998 LETTER TO REGISTERED OWNER
• 28 day impoundment under section 96 (1AB) Land Transport Act 1998.

Question 19

Commencing a fleeing driver incident after abandonment

Abandoned events

Pg16)

Answer 19

PERMISSION MUST BE SOUGHT FROM the PURSUIT CONTROLLER to ENGAGE a FLEEING DRIVER AFTER ABANDONMENT.
PERMISSION WILL ONLY BE GRANTED to RE-ENGAGE a VEHICLE PREVIOUSLY INVOLVED in an ABANDONED FLEEING DRIVER INCIDENT, if the PURSUIT CONTROLLER IS SATISFIED that any SUBSEQUENT RISKS ARE MITIGATED or the SITUATION HAS CHANGED.
THIS SUBSEQUENT ENGAGEMENT and ANY FAILING TO STOP, POST ANY PREVIOUS ABANDONMENT, would BECOME A NEW PURSUIT and NOTIFICATION.

Question 20

Commencing a fleeing driver incident after abandonment

Radio protocol

Pg16)

Answer 20

Officers must ONLY SIGNAL A DRIVER TO STOP, who was involved in a recently abandoned fleeing driver event, ONCE APPROVAL HAS BEEN GIVEN BY the PURSUIT CONTROLLER.

Action

Vehicle calls Pursuit Controller (Police Communications or field) using a pre- alert technique:
• call sign
• A REQUEST PERMISSION to SIGNAL the DRIVER to STOP
• VEHICLE DESCRIPTION or REGISTRATION
• LOCATION and DIRECTION of TRAVEL
• MANNER of DRIVING
• REASON for SIGNALLING the DRIVER TO STOP.
ONLY the PURSUIT CONTROLLER DETERMINES WHETHER the FLEEING DRIVER WILL AGAIN BE SIGNALLED TO STOP and ADVISES the REQUESTING OFFICER of THEIR DECISION.

Question 21

Tactical options

Pg17)

Answer 21

ABANDON PURSUIT
(Initiated by Lead or secondary vehicle drivers or their passengers, the field supervisor, or the Pursuit Controller)
Must be abandoned if directed by any of these people and abandonment procedure must be followed.

AERIAL SURVEILLANCE
(Initiated by Pursuit Controller)
Must be used when available to TAKE OVER RESPONSIBILITY of PROVIDING COMMENTARY providing commentary to the Pursuit Controller.

DOG UNIT
(Initiated by Pursuit Controller or Dog Unit)
MUST NOTIFY PURSUIT CONTROLLER IF JOINING AN EVENT, when safe to do so. WHERE TACTICALLY DESIRABLE the DOG UNIT MAY BE IN ADDITION to the LEAD and SECONDARY VEHICLE.

INQUIRY PHASE
(Initiated by Lead driver, Police passenger, Pursuit Controller, field supervisor)
An INQUIRY SHOULD BE DEALT WITH AS A PRIORITY.

NON-COMPLIANT VEHICLE STOP (MOVING BLOCK)
(AOS or STG)
(Initiated by AOS or STG commander)
IN RESPONSE to a MOBILE AND ARMED FLEEING DRIVER.
Can ONLY BE CONDUCTED by AOS or STG members WHO ARE TRAINED IN THE TACTIC.

TYRE DEFLATION DEVICES
(Initiated by
• Pursuit controller
• TRAINED POLICE EMPLOYEES in EXCEPTIONAL CIRCUMSTANCES
• Police COMMUNICATIONS SHIFT COMMANDER for DEPLOYMENTS ON HEAVY VEHICLES
Refer to the ‘Tyre deflation devices’ chapter.

TEMPORARY ROAD CLOSURE
(Initiated by PURSUIT CONTROLLER)
Refer to the ‘Perimeter control’ chapter.

Question 22

Tyre deflation devices

Pg17)

Answer 22

When a POLICE VEHICLE is POSITIONED at a CORDON POINT and the FLEEING VEHICLE is HEADING THROUGH THAT CORDON, a TYRE DEFLATION DEVICE MAY BE DEPLOYED TO STOP the FLEEING VEHICLE and APPREHEND THE FLEEING DRIVER, so long as the deployment meets the requirements of the ‘Tyre deflation devices’ chapter.

Question 23

Appendix A – Powers in respect of pursuing fleeing drivers

Pg18)

Section 114 - Land Transport Act 1998

Answer 23

Empowers:
(1) A CONSTABLE IN UNIFORM (OR WEARING a DISTINCTIVE CAP, HAT or HELMET WITH A BADGE OF AUTHORITY AFFIXED TO IT) to SIGNAL or REQUEST a DRIVER to STOP THE VEHICLE AS SOON AS PRACTICABLE.
(2) A CONSTABLE IN A VEHICLE FOLLOWING ANOTHER VEHICLE, by DISPLAYING FLASHING BLUE and RED LIGHTS or SOUNDING A SIREN, TO REQUIRE the DRIVER OF THE OTHER VEHICLE TO STOP.
THE STOP is for the TRAFFIC ENFORCEMENT PURPOSES specified in section 114.

Question 24

Appendix A – Powers in respect of pursuing fleeing drivers

Pg18)

Section 9 – Search & Surveillance Act 2012 (S & S Act)

Answer 24

Empowers-
a CONSTABLE to STOP A VEHICLE WITHOUT A WARRANT to ARREST A PERSON if they have REASONABLE GROUNDS:
(a) to SUSPECT THAT A PERSON:
(i) is UNLAWFULLY at LARGE;
or
(ii) has COMMITTED AN OFFENCE PUNISHABLE by
IMPRISONMENT;
and
(b) to BELIEVE THAT THE PERSON IS IN OR ON THAT VEHICLE.
Refer to the ‘Road blocks and stopping vehicles for search purposes’ section of the ‘Search’ chapter for further information.

Question 25

Appendix A – Powers in respect of pursuing fleeing drivers

Pg19)

Section 121 – Search & Surveillance Act 2012

Answer 25

Empowers-
a CONSTABLE TO STOP a VEHICLE TO CONDUCT A SEARCH UNDER A POWER OF SEARCH:
• WITHOUT A WARRANT (conferred under the S & S Act or
another enactment specified in column 2 of the S & S Act schedule) if satisfied there are GROUNDS TO SEARCH THE VEHICLE;
• WITH A WARRANT (issued under the S & S Act or another enactment specified in column 2 of the S & S Act schedule) if SATISFIED the WARRANT HAS BEEN ISSUED and IS IN FORCE.
Refer to the ‘Road blocks and stopping vehicles for search purposes’ section of the ‘Search’ chapter for further information.

Question 26

Appendix A – Powers in respect of pursuing fleeing drivers

Section 39 - Crimes Act 1961

Pg19)

Answer 26

Where any person is justified or protected from criminal responsibility in:
• EXECUTING or ASSISTING to EXECUTE ANY WARRANT; or
• MAKING or ASSISTING to MAKE ANY ARREST
that justification or protection extends and applies to the use of force as may be necessary to overcome any force used in resisting such execution or arrest, unless the warrant can be executed or the arrest made by reasonable means in a less violent manner.

Question 27

Appendix A – Powers in respect of pursuing fleeing drivers

Land Transport (Road User) Rule 2004

Pg19)

Answer 27

Rule 5.1(3) PROVIDES A DEFENCE to the requirement to drive within the applicable speed limit upon proof that AT THE TIME THE VEHICLE WAS BEING DRIVEN:
• the vehicle was being USED BY A CONSTABLE ENGAGED ON URGENT DUTY
and
COMPLIANCE WITH THE SPEED LIMIT WOULD BE LIKELY to PREVENT EXECUTION OF THE OFFICER’S DUTY;
or
• the vehicle was AN EMERGENCY VEHICLE BEING USED IN AN EMERGENCY and WAS OPERATING a RED BEACON or a SIREN or BOTH.
There are also SPECIFIC EXEMPTIONS under Rules 11.18 and 11.19 that APPLY TO CONSTABLES PROCEEDING AGAINST A RED LIGHT or STOP or GIVE WAY SIGNS. The constable must be driving an emergency vehicle that is displaying red and blue beacons or sounding a siren The
20 km/h and TAKE DUE CARE TO AVOID a COLLISION WITH PEDESTRIANS and OTHER TRAFFIC.
Note: This Rule DOES NOT PERMIT CARELESS, DANGEROUS OR RECKLESS DRIVING, or DRIVING AT A DANGEROUS SPEED.

Question 28

Land Transport Act 1998 and related cases

Section 113 – Enforcement officers may enforce transport legislation

Pg21)

Answer 28

(1) An ENFORCEMENT OFFICER IN UNIFORM or IN POSSESSION of a WARRANT or OTHER EVIDENCE of his or her AUTHORITY AS AN ENFORCEMENT OFFICER MAY ENFORCE the provisions of –
(a) the Local Government Act 1974, the Local Government Act 2002, the Road User Charges Act 2012,
the Government Roading Powers Act 1989
the Railways Act 2005,the Land Transport Management Act 2003, and this Act:
(b) Regulations and rules and bylaws in force under any Acts mentioned in
paragraph (a).
(2) Without limiting any other powers conferred on an enforcement officer, an enforcement officer, in enforcing any provisions referred to in subsection (1), MAY AT ANY TIME –
(a) DIRECT A PERSON ON A ROAD (WHETHER OR NOT IN CHARE OF A VEHICLE)to give the person’s
- FULL NAME
- FULL ADDRESS
- DATE OF BIRTH
- OCCUPATION
AND
- TELEPHONE NUMBER
OR
SUCH OF THOSE PARTICULARS AS THE ENFORCEMENT OFFICER MAY SPECIFY,
AND
GIVE ANY OTHER PARTICULARS REQUIRED as to the PERON’S IDENTITY
and (UNLESS the PERSON IS FOR THE TIME BEING DETAINED or UNDER ARREST under ANY ENACTMENT) GIVE such INFORMATION as is WITHIN THE PERSON’S KNOWLEDGE and AS MAY LEAD TO THE IDENTIFICATION OF THE DRIVER or PERSON IN CHARGE OF A VEHICLE:
(b) INSPECT, TEST, and EXAMINE –
(i) the BRAKES or ANY PART OF A VEHICLE ON A ROAD OR ANY ASSOCIATED EQUIPMENT;
or
(ii) a LAND TRANSPORT DOCUMENT,
or a DOCUMENT RESEMBLING a LAND TRANSPORT DOCUMENT, DISPLAYED OR CARRIED ON THE VEHICLE:
(c) if the ENFORCEMENT OFFICER BELIEVES ON REASONABLE GROUNDS that a VEHICLE ON A ROAD CAUSES AN OBSTRUCTION IN the ROAD
or TO a VEHICLE ENTRANCE TO ANY PROPERTY or that the REMOVAL OF THE VEHICLE IS DESIRABLE in the INTERESTS OF ROAD SAFETY or for the CONVENIENCE or in THE INTERESTS OF THE PUBLIC, –
(i) ENTER,
or
AUTHORISE ANOTHER PERSON TO ENTER, the VEHICLE FOR THE PURPOSE OF MOVING IT or PREPARING IT FOR MOVEMENT;
and
(ii) MOVE, or AUTHORISE ANOTHER PERSON TO MOVE, the vehicle to a place
where it DOES NOT CONSTITUTE a TRAFFIC HAZARD:
(d) DIRECT the DRIVER or PERSON in CHARGE OF A VEHICLE ON A ROAD TO REMOVE the VEHICLE FROM THE ROAD or a SPECIFIED PART OF THE ROAD, if the OFFICER BELIEVES ON REASONABLE GROUNDS THAT IT CAUSES AN OBSTRUCTION IN THE ROAD or to a VEHICLE ENTRANCE TO ANY PROPERTY or its REMOVAL IS DESIRABLE in the interests of ROAD SAFETY or for the CONVENIENCE or in the INTERESTS OF THE PUBLIC:
(e) FORBID AN UNLICENSED DRIVER to DRIVE A MOTOR VEHICLE:
(f) FORBID a person who is OPERATING a TRANSPORT SERVICE WITHOUT A LICENCE TO OPERATE THAT TRANSPORT SERVICE.
(3) An ENFORCEMENT OFFICER IN UNIFORM or WEARING A DISTINCTIVE CAP, HAT, OR HELMET, WITH A BADGE of AUTHORITY AFFIXED TO IT, who is for the time being ENGAGED in the REGULATION OF TRAFFIC on a ROAD, MAY –
(a) DIRECT a PERSON USING a VEHICLE or RIDING or DRIVING an ANIMAL ON THE ROAD TO STOP the VEHICLE or ANIMAL, as the case may be, or to CAUSE IT TO PROCEED IN or KEEP to a PARTICULAR LINE OF TRAFFIC OR DIRECTION:

(b) DIRECT a PEDESTRIAN NOT TO PROCEED ACROSS the road in contravention of a direction to stop given by the enforcement officer (whether given to pedestrians or to pedestrians and other traffic).
In paragraphs (c) and (d) of subsection (2), road includes any land vested in or under the control of the Crown or any local authority.

Question 29

Land Transport Act 1998 and related cases

Section 114 – Power to require driver to stop and give name and address, etc

Pg22)

Answer 29

(1) An enforcement officer who is in UNIFORM, or WEARING A DISTINCTIVE CAP, HAT, OR HELMET, with a BADGE OF AUTHORITY AFFIXED TO IT, may SIGNAL or REQUEST the driver of a vehicle to STOP the vehicle as soon as is practicable.
(2) An enforcement officer in a vehicle following another vehicle may, by displaying flashing blue, or blue and red, lights or sounding a siren, require the driver of the other vehicle to stop.
(2A) Subject to subsections (4) and (5), the driver of a vehicle that is stopped by an enforcement officer under this Act must remain stopped for as long as is reasonably necessary for the enforcement officer to complete the exercise of any powers conferred, or duties imposed, on an enforcement officer by this Act.

(3) An enforcement officer may require the driver of a vehicle that is stopped under this Act to –
(a) REMAINED STOPPED FOR AS LONG AS REASONABLY NECESSARY for an enforcement
officer to OBTAIN the PARTICULARS referred to in paragraph (b), or to complete the exercise of any other power conferred on an enforcement officer by this Act; and
(b) On demand by an enforcement officer, –
(i) Give his or her FULL NAME, FULL ADDRESS, DATE OF BIRTH, OCCUPATION, and
TELEPHONE NUMBER, or such of those particulars as the enforcement
officer may specify; and
(ii) STATE WHETHER OR NOT he or she is the OWNER OF THE VEHICLE; and
(iii) If the driver is not the owner of the vehicle, GIVE THE NAME AND ADDRESS OF THE OWNER or SUCH PARTICULARS WITHIN THE DRIVER’S KNOWLEDGE as may lead to the IDENTIFICATION OF THE OWNER.
(4) The driver of a vehicle that is stopped under subsection (2) is not obliged to remain stopped if the vehicle with flashing lights and siren does not itself stop in the near vicinity of the place where the driver has stopped.

(5) An enforcement officer may require a DRIVER TO REMAIN STOPPED ON A ROAD FOR AS LONG as is REASONABLY NECESSARY to ENABLE the OFFICER to ESTABLISH the IDENTITY OF THE DRIVER, BUT NOT FOR LONGER THAN 15 MINUTES IF THE REQUIREMENT to REMAIN STOPPED IS MADE UNDER THIS SUBSECTION ONLY.

(6) An enforcement officer MAY ARREST a person without warrant if the officer HAS GOOD CAUSE TO SUSPECT the person of having –

(a)FAILED TO COMPLY WITH THIS SECTION or a SIGNAL OR REQUEST or REQUIREMENT UNDER THIS SECTION; or
(b)GIVEN FALSE or MISLEADING INFORMATION under this section.

Question 30

Land Transport Act 1998 and related cases

Section 119 – Powers of entry

Pg23)

Answer 30

(1) An enforcement officer may exercise the powers conferred by subsection (2) if the enforcement officer –
(a) Has GOOD CAUSE TO SUSPECT THAT A PERSON –
(i) Has CONTRAVENED a REQUEST or REQUIREMENT or DEMAND MADE UNDER SECTION 114 (other than subsection (1));
and
(ii) Has also committed or is committing an offence against section
35(1)(a) or section 35(1)(b) (which relate to reckless or dangerous driving offences),
or is, or has recently been,
DRIVING UNDER the INFLUENCE OF DRINK or a DRUG, or BOTH; and
(b) Is FRESHLY PURSUING THAT PERSON.
(2) The enforcement OFFICER MAY, WITHOUT WARRANT, IN THE COURSE OF THE PURSUIT ENTER, by FORCE IF NECESSARY, ANY PREMISES WHICH THE PERSON HAS ENTERED, FOR EITHER
OR BOTH OF THE FOLLOWING PURPOSES:
(a) DETERMINING WHETHER OR NOT a POWER CONFERRED on an enforcement officer by
section 68 or section 69 [ie IN RELATION TO EBA] SHOULD BE EXERCISED in respect
of that person:
(b) Exercising or completing the exercise of any such power in respect of that
person (as if the person were in a motor vehicle on a road).
(2A) The provisions of Part 4 of the Search and Surveillance Act 2012 [which sets out the general provisions regarding the exercise of search, surveillance and inspection powers] except subpart 3 [which relates to warrants] (except Subpart3) apply in respect of the power in subsection (2). [See generally “Police Rules and Obligations” and “Powers incidental to search” in Chapter 4: Search and Surveillance.]
(3) – (5) …
(7) An enforcement officer who enters any premises under this section MAY NOT EXERCISE ON THOSE PREMISES ANY POWER OF ARREST conferred by this Act OTHER THAN A POWER OF ARREST CONFERRED BY ANY OF SECTIONS 68(3), 69(6), and 120.

Question 31

Land Transport Act 1998 and related cases

Section 120 – Arrest of persons for alcohol or drug-related offences, or assault on enforcement officer

Pg23)

Answer 31

(1) An enforcement officer MAY ARREST A PERSON WITHOUT WARRANT if the OFFICER HAS GOOD CAUSE TO SUSPECT THAT THE PERSON –
(a) Has COMMITTED AN OFFENCE AGAINST ANY OF SECTIONS 58 to 62;
or
(b) Has ASSAULTED THAT OR ANY OTHER ENFORCEMENT OFFICER while the OFFICER WAS ACTING IN THE COURSE OF THE OFFICER’S OFFICIAL DUTIES.
(1A) An enforcement OFFICER MAY ARREST A PERSON WITHOUT WARRANT if the PERSON DOES NOT COMPLETE A COMPULSORY IMPAIRMENT TEST IN A MANNER SATISFACTORY MANNER to an enforcement OFFICER, WHO IS TRAINED TO GIVE THE TEST, WHEN REQUIRED TO DO SO by an enforcement officer under section 71A.
(2) A PERSON ASSISTING AN ENFORCEMENT OFFICER MAY ARREST without warrant a person referred to in subsection (1)(b).
(3) A PERSON OTHER THAN a SWORN MEMBER OF THE POLICE WHO EXERCISES ANY POWER OF ARREST CONFERRED BY THIS SECTION MUST, as SOON AS PRACTICABLE, DELIVER the ARRESTED PERSON INTO THE CUSTODY of a sworn member of the Police.
(4) The obligation in subsection (3) does not apply until the completion of the exercise of any powers that may be exercised under this Act in respect of the arrested person or any vehicle driven by that person.
(5) The powers conferred by this section are in addition to any other powers of arrest under this Act.

Question 32

Land Transport Act 1998 and related cases

Section 121 – Enforcement officer may immobilise vehicle, etc, in specified circumstances

Pg24)

Answer 32

(1) An enforcement officer may exercise all or any of the powers conferred by subsection (2) if he or she BELIEVES ON REASONABLE GROUNDS that—
(a)Either—
(i) A PERSON WHO IS FOR THE TIME BEING IN CHARGE OF A MOTOR VEHICLE, BECAUSE of his or her PHYSICAL OR MENTAL CONDITION (HOWEVER ARISING),—
(A) is INCAPABLE of HAVING PROPER CONTROL OF THE VEHICLE;

or

(B) DOES NOT COMPLETE a COMPULSORY IMPAIRMENT TEST in a MANNER SATISFACTORY to an enforcement OFFICER, who is TRAINED TO GIVE THE TEST, WHEN REQUIRED TO DO SO by an enforcement officer under section 71A; or
(C) FAILS OR REFUSES to UNDERGO A COMPULSORY IMPAIRMENT TEST when required to do so under section 71A; or]
(ii) The REQUIREMENTS of any enactment CONCERNING WORK TIME OR REST TIME ARE NOT BEING COMPLIED WITH;

and

(b) IN ALL CIRCUMSTANCES, the DIRECTION or PROHIBITION or ACTION is NECESSARY in the INTERESTS OF THAT PERSON or of ANY OTHER PERSON or of the PUBLIC.

(2) The enforcement officer may—
(a) FORBID THAT PERSON to DRIVE a motor vehicle FOR SUCH A PERIOD AS THE OFFICER SPECIFIES:
(b) DIRECT the person to DRIVE THE VEHICLE to a SPECIFIED PLACE WHERE THE DRIVER MAY OBTAIN REST,
or WHERE THE LOAD ON THE VEHICLE OR OTHER CONDITION MAKE IT APPROPRIATE that the driver SHOULD DRIVE TO THAT PLACE:
(c) TAKE POSSESSION OF ALL IGNITION or OTHER KEYS OF THE VEHICLE, and for that
purpose require that person to deliver up immediately all such keys:
(d) Take such steps as may be necessary to RENDER THE VEHICLE IMMOBILE or to
REMOVE TO A PLACE where it DOES NOT CONSTITUTE a TRAFFIC HAZARD.

(3) The period for which an enforcement OFFICER FORBIDS A PERSON TO DRIVE under subsection (2)(a) MUST,
WHERE THE PERSON HAS UNDERGONE AN EVIDENTIAL BREATH TEST and IT APPEARS to the enforcement officer that the TEST IS POSITIVE, be a PERIOD OF 12 HOURS, UNLESS the enforcement OFICER IS SATISFIED THAT THERE IS GOOD REASON FOR IMPOSING A SHORTER PROHIBITION.

(4) An enforcement officer may ARREST WITHOUT WARRANT a person who FAILS TO COMPLY WITH A DIRECTION GIVEN UNDER THIS SECTION or DOES or ATTEMPTS TO DO ANY ACT that is FOR THE TIME BEING FORBIDDEN UNDER THIS SECTION.

Question 33

Land Transport Act 1998 and related cases

Section 121A -enforcement officer may give directions or immobilise vehicle if driver breaches certain licence conditions

Pg24)

Answer 33

(1)An enforcement officer may exercise all or any of the powers conferred by subsection (2) if the enforcement officer BELIEVES ON REASONABLE GROUNDS that a PERSON WHO IS FOR THE TIME BEING IN CHARGE OF A MOTOR VEHICLE has, IN RELATION TO A PRESCRIBED CLASS OF MOTOR VEHICLE, BREACHED ANY CONDITION OF A CLASS 1 or CLASS 6 LEARNER LICENCE
or a RESTRICTED LICENCE held by that person.

(2)The enforcement OFFICER MAY—
(a) FORBID the person to drive a motor vehicle UNTIL THAT PERSON IS ABLE TO COMPLY WITH THE CONDITIONS of that person’s learner licence or restricted licence:
(b) DIRECT the PERSON TO DRIVE TO A SPECIFIED PLACE (for EXAMPLE, the PERSON’S HOME):
(c) TAKE POSSESSION OF ALL IGNITION or OTHER KEYS OF THE VEHICLE, and for that
purpose require the person to deliver up immediately all such keys:
(d) take any steps that may be necessary to MAKE THE MOTOR VEHICLE IMMOBILE
or
to MOVE THE MOTOR VEHICLE TO A PLACE where it DOES NOT CONSTITUTE a TRAFFIC HAZARD.

(3)An enforcement officer MAY ARREST without warrant a PERSON WHO FAILS TO COMPLY WITH A POWER EXERCISED under subsection (2).

(4)The POWER TO TAKE POSSESSION under subsection (2)(c) OR TO IMMOBILISE OR MOVE under subsection (2)(d) CONTINUES UNTIL—
(a) the DRIVER IS ABLE TO DRIVE WITHOUT BREACHING the CONDITIONS OF THAT DRIVER’S LICENCE;
or
(b)ANOTHER PERSON IS ABLE TO DRIVE the vehicle WITHOUT BREACHING—
(i) that person’s licence:
(ii) any enactment.

Question 34

Land Transport Act 1998 and related cases

Tapara v Police
(No2) (1988) 3 CRNZ 616 – stopping vehicles, s 114 (formerly s66 Transport Act 1962)

Pg25-26)

Answer 34

Facts
The accused had appealed against conviction on two charges of being the user of a motor vehicle who failed to stop at the request of a constable contrary to section 66(2) of the Transport Act 1962 (now s 114 Land Transport Act 1998) and wilfully trespassing in a hotel within two years of being warned to stay off those premises.

The issues before the Court were whether the police constables had the power to require the accused to stop for a purpose which was not related to the accused or his driving of the vehicle. They simply wished to interview a passenger in the car.

The second issue was simply whether the accused could become a trespasser by driving onto the hotel premises after he had been warned to stay off those premises that morning.

HELD
It was submitted for the Crown that what is now s 114 of the Land Transport Act 1998 entitles a police constable or traffic officer to stop a vehicle for any purpose at all. Counsel for the accused submitted that the ambit of section 66 must be confined to purposes arising under the provision of the Transport Act itself. Gallen J, referred to Po v Ministry of Transport (1987) 2 NZLR 756, 758) where Cooke P, said:
“Stopping a driver or obtaining a name or address are not ends in themselves. The duties imposed on drivers by s 66 must have been intended by Parliament to facilitate the enforcement or administration of the Act. But, apart from that obvious limitation, they are unqualified duties. They are restricted to the enforcement or administration of any particular provision.”
Gallen J, went on to state:
“Clearly the obligations other than stopping are directed towards matters related to the operation of the vehicle and I think this in itself tends to colour the obligation to stop.
ONE CAN ACEPT, as did the Court of Appeal in Po v Ministry of Transport, that the driving of a motor vehicle imports CERTAIN OBLIGATIONS in relation to the operation of the vehicle and the standard of driving, BUT that is NOT TO SAY s 66 CONFERS COMPLETELY UNRESTRICTED RIGHTS to INTERFERE WITH THE ACTIVITIES OF THE CITIZEN APART FROM THOSE OBLIGATIONS. There are analogies with the powers of arrest and the courts have always been astute that SUCH AN INTERFERENCE WITH THE RIGHTS OF THE INDIVIDUAL MUST BE CONDUCTED WITH STRICT LIMITS and within defined parameters – see for example the decision of the Court of Appeal in Blundell v Attorney-General (1968) NZLR 341.
Against that background I think it is INCONCEIVABLE THAT PARLIAMENT COULD HAVE INTENDED TO PROVIDE A COMPLETELY UNRESTRICTED RIGHT under provisions of s 66 of the Transport Act, A RIGHT WHICH WOULD ALLOW EVEN CAPRICIOUS STOPPING.”
His honour went on to say that AS THE CONSTABLES WERE NOT CONCERNED WITH ANY ASPECT OF THE TRANSPORT ACT BUT SIMPLY WISHED TO TALK TO THE PASSENGER OF THE VEHICLE THEY COULD NOT RELY ON THEIR POWER under s 66 TO STOP THE VEHICLE.

Question 35

Land Transport Act 1998 and related cases

R v T (also cited as R v Thomas) ((2001) 19 CRNZ 392; (2001) 6 HRNZ 684 – stopping vehicles, s 114 LTA and ss 314B and 317A Crimes Act

Pg26)

Answer 35

Background
Police observed a vehicle changing lanes without any indication and failing to proceed through an intersection when the traffic lights turned green. Before stopping the vehicle, a check on the registered owner revealed that he had drug convictions.
Police allowed the vehicle to travel for a significant distance before pulling it over.
After stopping the vehicle the officer smelt cannabis from within the vehicle and invoked s 18(2) and (3) of the Misuse of Drugs Act 1975. During the search a bag was located in the vehicle that contained 70.5g of cannabis plant.
Also located was a small set of scales, five syringes, a number of medical swabs and $650 in cash.
The District Court held that the vehicle was not stopped because of a concern that the driver was alcohol impaired, rather the officer had become suspicious that the vehicle was owned by someone with drug convictions and decided to stop it.

Comment
There is a general power to stop vehicles under s 121(1) of the Search and Surveillance Act 2012 (see Chapter 4: Search and Surveillance at page 21) for the purpose of conducting a statutory search if certain prerequisites are met. There is also a power to stop vehicles under s 9 of that Act for the purpose of arresting persons if they are unlawfully at large or have committed an offence punishable by imprisonment.
Staff must ensure that they are familiar with the requirements of these two provisions and their statutory search powers.

IT IS NOT LAWFUL TO USE s 114 of the Land Transport Act 1998 TO STOP A VEHICLE FOR A PURPOSE UNRELATED TO TRAFFIC ENFORCEMENT.

EVERY VEHICLE STOP MUST BE ABLE TO BE LEGALLY JUSTIFIED.
Staff must be clear in their minds what power they are using before stopping a vehicle.

Question 36

Land Transport Act 1998 and related cases

Johnston v Police (1995) 2 HRNZ 291, High Court, Masterton stopping vehicles, s 114 procedure

Pg27)

Facts
Two police officers, NOT IN UNIFORM and in an UNMARKED PATROL CAR, sSTOPPED A VEHICLE for the PURPOSE OF CHECKING ITS ROAD-WORTHINESS. While speaking to the occupants, one of the officers noticed a toolbox in the back seat of the vehicle, which he suspected was stolen. When questioned, the driver was asked to accompany the officer back to the station for questioning and, on his refusal to do so, was arrested on suspicion of theft. Immediately upon arrest the officers began a search of the driver’s person, but before it could be completed he ran away. He was caught a short time later and ultimately convicted of THEFT and ESCAPING from LAWFUL CUSTODY.

Answer 36

The evidence disclosed, however, that the OFFICERS WERE NOT IN UNIFORM, and had NOT USED ANY LIGHTS OR(seemingly) SIREN in stopping the appellant’s vehicle.
The evidence resulting from the breach was therefore INADMISSIBLE, and both convictions would be quashed.

Question 37

Police v Duff
[2010] NZAR 71 conducting inquiries at the road side; s 114

Pg28)

Background
On 13 September 2007 Duff was directed to pull over when he was observed driving in excess of 100 km/hr. Constable F stopped Duff pursuant to s 114 of the Land Transport Act 1998 (LTA) and asked him to provide his address and driver licence. Duff did so. Constable F said she requested Duff to remain stopped while she sought to undertake a query person (QP) procedure. Duff drove away. He was pursued, stopped, and arrested by Constable F for failing to remain stopped (the first occasion) and failing to stop (the second occasion).

Answer 37

Duff provides that an enforcement officer may UNDERTAKE INQUIRIES in ACCORDANCE WITH SECTION 114(2A) of the LTA, and that subsection (5) is subject to subsections (2A) and (3). So, a driver may be stopped for as long as is reasonably necessary for an enforcement officer to complete the exercise of any powers conferred, or duties imposed, under the LTA. Such powers and duties include the making of inquiries to determine whether any powers or duties are to be exercised.

Question 38

Page v Police
A46/01 High Court, Auckland (2001) failure to identify; s 119

Pg30)

Facts
The appellant was driving from a local tavern to his home nearby at night and did not have his headlights on. observed by a police patrol travelling in the opposite direction. The police activated the flashing lights on the police vehicle. The appellant entered a long drive leading to his home. The police car followed and drew up alongside in front of the appellant’s home. The appellant was accosted and admitted that he had been drinking. His wife probably emerged from the house and had some words with the police.
The appellant was tested, whether it was with the breathalyser was disputed, and required to go to the Pukekohe police station to provide an evidential breath test, which proved positive. The Appellant was then convicted of one count of Excess Breath Alcohol. The APPELLANT APPEALED his CONVICTION, ARGUING POLICE WERE NOT ENTITLED TO CARRY OUT BREATH TEST PROCEDURES ON HIS PROPERTY nor REQUIRE HIM TO ACCOMPANY THEM TO THE POLICE STATION.
The High Court accepted that. The Police were entitled, without a warrant in the course of the pursuit, to enter the appellant’s premises did have the capacity to enter the property pursuant to s119. The enforcement officer had good cause to suspect that the appellant had contravened s 114 because he had not stopped when pursued by a police car with flashing lights. Furthermore, the enforcement officer was ‘clearly freshly pursuing the appellant’.
However, on this occasion the Police had not complied with all requirements of s119. In particular. (per Smellie J):
Subs.(6) places upon an enforcement officer in such circumstances an inescapable duty to identify himself (a point not taken by the appellant) and to tell the person pursued and the occupant of the premises entered that the power of entry is being exercised pursuant to s 119 of the Act.
In the circumstances of this case it is clear that the police failed to discharge their duty under subs.(6)(b) of s.119 to inform the appellant and probably his wife when she emerged from the house, that the power of entry was being exercised under s 119 of the Land Transport Act 1998.
In my judgment there can be no question but that it is a mandatory duty, undoubtedly enacted because the powers given cut across cherished common law rights of property and privacy.

Answer 38

Held
There is no suggestion that the police entered pursuant to an implied licence; the police car appears to have been in hot pursuit; viewed objectively, the pursuit down the drive and the preventing of P entering his house occurred on the strength of s 119 Land Transport Act 1998 (“LTA”), which Parliament clearly intended to be available in such circumstances; however s 119 LTA places upon the officer in such circumstances an inescapable duty to IDENTIFY HIMSELF AND TELL THE PERSON PURSUED AND THE OCCUPANT OF THE PREMISES that the POWER OF ENTRY IS BEING EXERCISED UNDER THE SECTION; the police failed to discharge that duty; the POLICE WERE UNLAWFULLY ON P’s PROPERTY; Appeal allowed.

Question 39

Policing Act 2008 (section 35)

Pg31)

Section 35 – Temporary closing of roads

Answer 39

(1) A CONSTABLE MAY TEMPORARILY CLOSE TO TRAFFIC ANY ROAD, or PART OF A ROAD, leading to or from or in the vicinity of a place, if the CONSTABLE HAS REASONABLE CAUSE TO BELIEVE that—
(a) PUBLIC DISORDER EXISTS or is IMMINENT AT OR NEAR THAT PLACE;
or
(b) DANGER TO A MEMBER OF THE PUBLIC EXISTS or MAY REASONABLY BE EXPECTED AT OR NEAR THAT PLACE;
or
(c) an OFFENCE PUNISHABLE BY 10 OR MORE YEARS’ IMPRISONMENT has been COMMITTED or DISCOVERED AT OR NEAR THAT PLACE.
(2) In this section,—
road has the meaning given in section 315(1) of the Local Government Act 1974 except that it includes—
(a) a motorway within the meaning of section 2 of the Transit New Zealand Act
1989; and
(b) a private road within the meaning of section 315(1) of the Local Government
Act 1974; and
(c) a private way within the meaning of section 315(1) of the Local Government
Act 1974
temporarily means for a period that is reasonably necessary in the circumstances
traffic means all or any specified type of traffic (including pedestrian traffic).