Exam 1 Flashcards
Crimes Act 1961: Section 40
Force used to prevent a person trying to avoid arrest or escape after arrest
Crimes Act 1961: Section 39
Justification of use of force - proportionate and reasonable
Crimes Act 1961: Section 41
Force used to prevent suicide
Crimes Act 1961: Section 42
To use appropriate force where necessary to stop or prevent a breach of the peace
Crimes Act 1961: Section 48
Justification for proportionate and reasonable force for self-defence or in protection of another
Crimes Act 1961: Section 62
Excess Force. Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.
Trespass Act 1980: Section 3
Every person commits an offence against this Act who trespasses on any place and, after being warned to leave that place by an occupier of that place, neglects or refuses to do so.
What are the permissable legal defences for section 3 of the Trespass Act 1980?
1) Their own protection
2) The protection of somebody else
3) An emergency involving their property or the property of some other person
Trespass Act 1980: Section 4
Trespass after warning to stay off
What are the permissable legal defences for section 4 of the Trespass Act 1980?
1) Their own protection
2) The protection of somebody else
3) An emergency involving their property or the property of some other person
4) The occupier who gave the warning no longer occupies the place concerned
Trespass Act 1980: Section 9
1) Where any person is found trespassing on any private land; the occupier or any member of police may require that person to
a) give their and and address, and
b) if they are in possession of a firearm, give
their firearms licence number.
2) if the person fails or refuses to comply with these requirements, any member of the police may:
a) caution the person, and
b) if they persist, arrest without warrant
3) Offences are created of
a) failing or refusing to comply with the
requirements
b) giving false name and address, and
c) wilfully giving innacurate particulars
What is the Coroner
Specially appointed to enquire into the manner if death of any person in any case where the Coroners Act 2006 requires that the death be reported to him/her
Coroners Act 2006: Section 13
What deaths must be reported?
SCUMBIE
Suicide
Cause unknown or no Doctor’s Certificate issued
Unnatural or violent death
Medic of surgical or dental operation or procedure (includes administration of anasthetic or medicine)
Birth deaths that appear to be the result of the pregnancy or giving birth
Institutional deaths : psychiatric hospitals, children’s home or prison, or while in police custody
Enactment requires the holding of an inquest
(Alcoholism and drug addiction act 1966, CYP and their families act 1989….)
Coroners Act 2006: Section 15
Police have a duty to report death IMMEDIATELY to the Coroner.
A post-mortem is authorized by who?
Who performs the examination?
Post-mortems are authorised by the Coroner
They are performed by pathologists.
What is the first purpose of a coroners inquiry ?
To establish The fact a person has died The identity of the deceased The cause of death Where and when the death occured The circumstances of the death
What is the second purpose of a coroners inquiry ?
To make recommendations or comments that if drawn to the public s attention reduce the chances of the occurrence of other deaths in the same circumstances
What is the third purpose of a coroners inquiry ?
To determine whether the public interest would be served by the death being investigated.
What three types of death mean a coroner must hold an inquest into the death?
- Suicide
- Institutional deaths
- Any death in which the Coroner is not satisfied that the cause or circumstances of death have been clearly established.
New Zealand Bill of Rights Act 1990: Section 21
Unreasonable searches - “everyone has the right to be secure against unreasonable search and seizure, whether of the person, property or correspondence or otherwise”.
A search is in breach of Section 21 if it is unreasonable. What makes a search unreasonable ?
Without, or in excess of powers or authority
In an unreasonable manner
In bad faith
New Zealand Bill of Rights Act 1990: Section 22
Everyone has the right not to be arbitrarily arrested or detained
New Zealand Bill of Rights Act 1990: Section 23
Everyone who is arrested or who is detained under any enactment shall be informed at the time of arrest or detention of the reason for it Section 23(1)(a)
And
Have the right to consult and instruct a lawyer without delay and in private and be informed of that right - Section 23(1)(b)
Have the right to refrain from making a statement and be informed of that right Section 23(4)
Everyone deprived of liberty shall be treated with humanity and respect for the inherent dignity of the person Section 23(5)
New Zealand Bill of Rights Act 1990: Section 23
Administer the rights/caution at the time you have sufficient evidence to charge the person.
New Zealand Bill of Rights Act 1990: Section 24
Giving the person the opportunity to excercise their right to consult a lawyer without delay and in private.
Inform the person if the nature of the charge
Land Transport Act 1998: Section 113
An enforcement officer, when enforcing provisions of specified acts/regulations/bylaws may at any time
Direct a person on the road to give full name, dob, address, occupation and phone no. As well as info to identify the driver/owner
Inspect brakes or any other part of a vehicle on the road (or associated equipment)
Move or authorised another person to move any vehicle if the enforcement officer believes on reasonable grounds that the vehicle is causing an obstruction
Direct the driver or person in charge of a vehicle on the road to remove it from the road, if officer has reasonable grounds to believe that vehicle is causing an obstruction
Forbid an unlicensed driver to drive a motor vehicle
Forbid a person who is operating a transport service without a licence to operate that service
Direct a person using a vehicle to stop or follow a line of traffic, or to stop a pedestrian from proceeding
Land Transport Act 1998: Section 114
Stopping vehicles and demanding details
An enforcement officer, in uniform or wearing a cap may request or signal a driver to stop as soon as practicable
OR
An enforcement officer in a vehicle may stop a vehicle by displaying flashing blue and red lights or sounding a siren.
AND
Demand the driver state; full name, address, dob, occupation, phone no; Whether they are the owner or not; name and address of owner
Land Transport Act 1998: Section 115
115(1) POL650 GREEN STICKER
prohibit vehicles from being driven on the road if on reasonable grounds you believe that a vehicle fails to comply with regulations
115(3)(b) POL555 PINK STICKER
direct vehicle not to be driven on the road if on reasonable grounds you believe that the vehicle is not in a safe condition or roadworthy
Power of Arrest - without arrest under 116 if person fails to comply with section 115.
Land Transport Act 1998: Section 118 (1) + (2)
An enforcement officer may require owner/hirer of any vehicle to give info available to them which may lead to identification and apprehension of driver
Officer can require owner of vehicle used to flee a pursuit to give all available info on driver immediately
Land Transport Act 1998: Section 119
Entering premises and seizing vehicles
When enforcement officer has good cause to suspect that an individual has
Failed to stop for flashing lights/siren
Committed/commiting offence against 35(1)(a)/(b)
Is/has been driving under the influence
AND you are freshly pursuing that person
The officer can without a warrant enter premises by force to EBA
Land Transport Act 1998: Section 122
If you believe it is in interest of public safety you may seize/impound vehicle for up to 12 hours.
May extend additional 12 hours if circumstances have not changed.
Land Transport Act 1998: Section 123
Seize impound vehicle not exceeding 7 days in order to
Preserve evidence
Enable scientific examination
Establish cause of serious crash
Section 316 of the Crimes Act 1961
Any person who is arrested must be informed at the time of the arrest the reason for the arrest unless:
- The reason is obvious
- It is impractical to do so
Section 8 of the Oranga Tamariki Act 1989
If an officer takes any action or makes any decision that significantly affects a CYP the officer shall inform, as soon as practicable, of their actions and the reasons for them to any: parent, guardian or the person having care of the CYP. The information can be given orally, where practicable should be in writing.
Exceptions to section 214 of the Oranga Tamariki Act 1989?
Category 3/4 offences which are punishable by 14 years imprisonment or more AND are in the public’s interest
OR
Arrest is necessary to complete EBA procedures
