Chapter 6 Road Policing

Question 1

What are the overriding principles for urgent duty driving

Answer 1

● safety of public/police is priority
● must be conducted in safe manner
● must drive at appropriate speed as to time/place/circumstances
● individually responsible for actions
● use TENR
● Category A vehicles preferred
● no duty is so urgent that places public or police at unjustified risk

Question 2

What is the definition of urgent duty driving and list some examples.

Answer 2

driving above speed limit and flow of traffic and driving to:
●driving to critical incident
● gathering evidence of offence
● apprehending offender
● apprehending fleeing driver
● motorcade

Question 3

What is a critical incident

Answer 3

● involves force or threat of force
● risk of serious harm
● responding to “offenders on”

Question 4

What is policy on warning device

Answer 4

Police MUST use red and blue lights with siren unless tactically approaching

Question 5

What is a tactical approach

Answer 5

● getting closer to scene without alerting offenders

● tactical approach can not be initiated once pursuit is initiated

Question 6

What are the overriding principles of fleeing drivers

Answer 6

● public/police safety takes precedence over K9 of fleeing driver
● must be managed safely
● only pursue when seriousness & necessity outweigh risk of not pursuing
● fact that driver fleeing doesn’t justify a pursuit
● decisions to abandon will be supported
● use TENR
● fleeing drivers will be held to account

Question 7

What is the legislation that is applicable to a pursuit

Answer 7

● S.114 LTA power to stop using lights or signal
● S.9 SSA can stop to K9 if RGS u/l at large or committed offence & believe person in car
● S.121 SSA can stop car if you have a power of search
● S.39 use of force to K9

Question 8

Outline the Land Transport Road user Rule 2004 - Defences for urgent duty driving

Answer 8

● defence to exceed limit if engaged in urgent duty driving and compliance would prevent execution of duty
● defence if in emergency and operating red/blue lights and siren
● defence if operation lights can go through red light, stop or give way at no more than 20km

Question 9

Outline S.113 LTA enforcing traffic legislation

Answer 9

Police may:
● direct person to provide their details
● inspect/test brakes
● inspect LTSA documents on vehicle
● move or get someone to move obstructing vehicle
● forbid an unlicenced driver
● forbid person driving transport vehicle without appropriate licence
● may direct vehicle to stop or proceed in certain directions
● direct pedestrian to stop

Question 10

Outline S.114 Power to stop and demand details

Answer 10

● in uniform can signal vehicle to stop
● blue/red lights & siren require vehicle to stop
● remain stopped as long as reasonably necessary - but not for more than 15 mins if only to establish ID
● require driver to provide details
● vehicle not obliged to stop if car with red/blue lights doesn’t stop aswell
● driver can be K9 if failed to stop or gave false details.

Question 11

Outline S.119 Powers of entry if freshly pursuing

Answer 11

If driver contravenes:
● fails to stop
● driving recklessly or dangerously
● driving drunk/drugged
and freshly pursuing
May enter premises that driver has entered to carryout:
● EBA or carryout any other function as if that person was still on road
Can only K9 if relates to:
● failing to remain for BST, EBT, CIT or assaults police

Question 12

Outline S.120 Arrest of persons for alcohol/drug related offences or assaults on Police

Answer 12

May K9 if RGS has committed:
● EBA, 
●causes death by driving 
●assaulted police
●fails CIT

Question 13

Outline S.121 May immobilise vehicle

Answer 13

If person:
● incapable of proper control
● fails or refused CIT
● non-complies with rest time
AND prohibition necessary in public interest
MAY
● forbid driver (12 hrs or less)
● direct driver to a place for rest
● seize keys
● render vehicle immobile
● remove car to a safe place

CAN K9 anyone that doesn’t comply

Question 14

Outline S.121A - Immobilise if beach of licence conditions

Answer 14

If RGB
person has breached licence conditions (Class 1 or 6)
MAY
● forbid person until complies with conditions
● direct person drive to specified place
● take possession of keys
● make immobile or move to safer place

CAN K9 anyone that doesn’t comply

Question 15

What is the theme in Tapara v Police stopping vehicles

Answer 15

Police not concerned with any aspect of LTA and only wanted to talk to passenger, therefore could not rely on S114 to stop vehicle

Question 16

What is the theme of R v T stopping vehicles under S.114

Answer 16

That it is not lawful to use S.114 to stop a vehicle for a purpose unrelated to traffic enforcement. Every vehicle stop has to be justified

Question 17

What is the theme of Police v Duff - enquires on the road side

Answer 17

At a stop under S.114 motorist is obliged to remain stopped while Police carryout duties under LTA. Such powers include 4Qs to determine what powers or duties are to be exercised. If those 4Qs reveal WTA that can take action on that.

Question 18

What is the theme under Johnston v Police S114 procedure

Answer 18

Stopping vehicle was unlawful because they were in plainclothes and didn’t use red/blue flashing lights. This was an arbitrary detention in breach of S.22 NZBORA. Therefore evidence inadmissible

Question 19

What was the theme of Page v Police - failure to identify under S.119

Answer 19

If freshly pursuing a vehicle under S.119 police have inescapable duty to identify themselves and tell person that power of entry is under S.119. Police were then u/l on property

Question 20

Outline S.35 Policing Act - temporary road closures

Answer 20

Police may close all or part of a road if RCB
● public disorder exists
● danger to public exists
● offence punishable by 10yrs been committed.