Definitions and Discussion

Question 1

What is the definition of “Reasonable grounds to suspect” (RGTS)

Answer 1

Means having a sound basis for suspecting that situation or circumstance exists.

Question 2

– What is the definition of “Reasonable Grounds to Believe” (RGTB)

Answer 2

Means having a sound basis for believing that a situation or circumstances exists.

Question 3

– What must you do when form reasonable grounds to believe?

Answer 3

You must be able to clearly describe your reasons, your reasonable grounds for holding the BELIEF or SUSPICION.
- You must record your reasonable grounds for using a search power in your notebook. This is your decision log.

Question 4

What must you be aware of, that you may be required to do when using a search power?

Answer 4

report on your decision to use a search power and your grounds for using it AND/OR justify you use of a power in court or in other formal proceedings.

Question 5

– What is a lawful search?

Answer 5

A lawful search is a search that is conducted with a search warrant OR under a warrantless search power OR with the person’s consent.

Question 6

Under the Search and Surveillance act, what is a reasonable search?

Answer 6

A reasonable search is a search that complies with section 21 of the New Zealand Bill of Rights Act and considers the factors such as, the NATURE of the search, how INTRUSIVE the search is and WHERE and WHEN the search takes place

Question 7

When deciding if It is PRACTICABLE in the CIRCUMSTANCES to apply for a search warrant or not, what questions should you consider?

Answer 7

• Is there time to gain approval and apply for a search warrant
• Can the scene be secured under section 117?
• Are reasonable resources (including number of staff) available to minimise risk and ensure safety
• Is the evidential material at risk
• Location of the search and who may be present.
  Ensure to record this decision-making process into your notebook.