FA, Taser, SD, Policing Act and Victims

Question 1

Arms act section 40

Answer 1

On demand by police person in possession of firearm, air gun, pistol or restricted weapon on, to give name, address and DOB

If refuse or give false
Police may caution and if continues to refuse or fails to give, may arrest without warrant

3months, $1000fine

Question 2

Arms Act 66

Answer 2

Occupier if premises or driver of vehicle deemed to be in possession of firearm, airgun, pistol, imitation firearm, restricted weapon or explosive found therein

If occult’s land or driver of vehicle- seems in possession unless proven that it was not his property and that it was in the possession of some other person

Question 3

Hepi v R 2010

Arms act law note

Answer 3

Charged with possession of firearm as located on their property.

Convictions quashed after proved in balance of probabilities that it was in possession of someone else not the alleged offender

Question 4

Who can be deployed with firearms?

Answer 4

Only verified level one responders may deploy and use a firearm

Question 5

When can firearms be carried?

Answer 5

PCA that it is in or likely to escalate to be within the death/GBH range as specified by TOF

When on duty as AOS or STG or protection service

When performing airport duties at any airport that is “security designated”

To destroy animals

Training purposes

Question 6

Principles when dealing with armed offenders

Answer 6

Ongoing TENR assessment

Better to take too serious than too light

Caution is not cowardice

When possible, focus on deescalation, communication, and prevention, cordon and adopt the wait and appeal role in order to negotiate surrender

Act immediately if acting in way may cause casualties otherwise never go unnecessarily in to danger

Treat all as dangerous and hostile unless definitive evidence to contrary

Should not use firearm unless it can be done without endangering other persons

Question 7

Fire order- previously F061

Answer 7

Operationally specific instructions on the circumstances in which police employees may use firearms

Must be given when:
Training- must demonstrate knowledge and understanding of fire orders

Operational- must be given by operation or unit commanders as part of operation briefing
- all other operational situations where firearms are carried. if time and circumstances permit, supervisior must draw attention to fire order inside notebooks

Question 8

Brief of firearm orders

Answer 8

Responsibility of knowing when firearms may be used

Conditions to be satisfied before use

• communication - first asked to surrender unless impractical
• less violent alternatives
• delay - necessity

Making decision to use 
48 defence of self or other
39 arrest of offender
40 prevent escape 
Destroying animals

Question 9

Warning shots

Answer 9

General rule, should not be fired

May be appropriate if
Suspect has been asked to surrender and not done so and
Can be clearly aimed as warning shot

Question 10

Incident controller action if shots fired

Answer 10

Take control of scene

Ensure first aid rendered

Manage scene according to principles contained in the police involvement in deaths and serious injuries chapter

Inform the DC who will initiate alcohol and drug testing in accordance with commissioners circular testing police employees for alcohol and illegal drugs after police shooting

Question 11

Taking control of Sven after shooting

Answer 11

Mark position of shooter, bullets, cartridges and anything else associated

Preserve cartridge and when possible, bullet/fragments

Secure the firearm and make safe

Preserve and photograph scene

Advise shooters immediate supervisor who will advise DC

Commence review/investigation

Conduct a debrief in compliance with the debriefed chapter

Question 12

UD

Answer 12

Shooter to inform supervisor ASAP

Supervisor to:
Follow 1-5 of firearms discharge

Notify district police professional conduct manager

Instigate a review/debrief

Send firearm and bullets/cartridge cases to police armoury for exam. Include report with circumstance

Question 13

Firearm TOR

Answer 13

Presentation

Discharge

UD except where in training

Destruction of animal

Question 14

After TASER use

Answer 14

Consult with operator as to whether physical attendance needed

Ensure proper after care and med attention

Ensure scene preserved and photos. All evidence recovered

Ensure subject examined by registered medical doctor or qualified ambo officer if not available
Exam recorded on pol42 post taser exposure medical exam form

Ensure operator completes the details of all instances of use in the taser register

Ensure TOR submitted

Ensure evidence.com upload

Review footage and TOR

Question 15

Coroners role

Answer 15

Receive report of death from police

Decide on whether to direct post mortem and who to attend

Authorise release of body

Decide whether to open an inquiry and if inquest if so

Question 16

Coroners inquiry

Answer 16

To 
Establish:
Person has died
Identity 
When and where 
Causes
Circumstances 

Make specifies recommendations or comments under the act

Determine whether the public interest would be served by the death being investigated by other authorities

Question 17

Attending SD

Answer 17

Ensure safety

Personal protective equipment

Signs of life

Inform supervisor

CIB if appears suspicious

Duly qualified person to complete verification of death. Before body moved.

If under treatment, doctor to issue a medical certificate of causes of death HP4720

Notify coroner if one that must be reported. 0800 266800

Complete deceased person notification

Question 18

Who can compete VOD

Answer 18

Registered medical practitioners 
Nurse
Registered midwife 
Intensive care paramedics 
Paramedic
Emergency medical technician 

Deceased can not leave police control until completed

Question 19

If family does not allow removal of body

Answer 19

Powers to
Remove body with warrant
Seize evidence without warrant

Apply to DC judge for warrant if
Coroner has given direction under s20
Reasonable grounds to believe the body is being held in that place contrary to the directions and
You have used negotiation and all other reasonable means to have body released

Can seize evidence with reasonable force if necessary if complying with direction to removed under s2” or executing warrant

Evidence in or on immediate vicinity and relevant to PM
Delivered to coroner

Must inform within 5 days of seizure. In person or writing

Question 20

Policing act 32

Answer 20

Identifying particulars of person in custody

To obtain info that may be used now or in the future for lawful purpose

May take identifying if in lawful custody and is at police or police being used as

Take in manner reasonable in the circumstances and only reasonable force that may be necessary to secure persons identifying particulars

If after caution, fail to comply, commits an offence liable to 6months and $5000

Question 21

Identifying Features

Answer 21

Any or all of

Biographical details- name, add, dob

Photograph or visual image

Fingerprints, palms or footprints

Question 22

Policing Act Section 33

Answer 22

Identifying particulars for summons

Good cause to suspect person had committed offence and intend to bring proceedings against the persons in respect of that offence by the way of summons, may detain at any place in order to take identifying particulars and only for the period necessary to take them

Taken in manner that is reasonable and reasonable force that may be necessary to secure particulars

Fail to comply- offence, 6months and or $5000

Question 23

Policing Act Section 36

Answer 23

Care and protection of intoxicated people

If found intoxicated in public place or while trespassing on private property, may detain and take in to custody if

Reasonably believes incapable of protecting self from physical harm or likely to cause physical harm to another or likely to cause significant damage to property

And

Constable satisfied is satisfied not reasonably practical to provide for the persons care and protection by taking to their own residence or to a temporary shelter

Detained to be released as ceases to be intoxicated, no longer than 12hrs unless recommended by health practitioner recommends

Section 31 of crimes act applies in respect if the power to detain and take into custody

Question 24

VRA immediate family definition

Answer 24

Close relationship with victim at time of offence

Includes

Spouse, partner, civil union, de facto 
Children or step children 
Siblings or step
Parents, step parents 
Grandparent

Question 25

VRA incapable definition

Answer 25

Lacks, wholly or partly, the capacity to understand the nature and to foresee the consequences of decisions in respect of matters relating to his or her personal care and welfare or

Has the capacity to understand the nature and to Forster the consequences of decisions in respect of matters relating to his or her personal care and welfare but wholly lacks the capacity to communicate decisions in respect of matters if that kind and

Includes the person being in a state of continuing unconsciousness

Question 26

VRA Victim definition

Answer 26

Offence against

Person who suffers injury or loss or damage to property through an offence committed by another person

Parent or legal guardian of YP unless they are person charged

Member of immediate family if as result of offence dies or incapable

For 7 and 8, also

Person suffers emotional harm

Parent or legal guardian

Experienced DV or

CYP of someone who falls in DV category as victim

Question 27

VRA Section 7

Answer 27

Any person dealing with victim

Courtesy and compassion

Respect their dignity and privacy

Question 28

VRA Section 8

Answer 28

A victim or member of family who has welfare, health, counselling, medical or legal needs arising from the offence should have acres to services that are responsive to those needs

Question 29

VRA Section 11

Answer 29

I got about programmes, remedies and services

ASAP once in contact with agency to be given info on what is available through the agency

Includes 
ACC 
DHB
Department of corrections 
Ministry of justice
Ministry of social development NZP

Question 30

VRA Section 12

Answer 30

Info about proceedings

Given inform by investigating officers or court staff or prosecutors

Process of 
Charged laid or reason for not
Their role as witness
Possibility of court orders 
Dates and places
Outcome of prosecution

Question 31

VRA Section 17 - VIS

Answer 31

Info obtained from victim and is to be or has been submitted under 21AA for sentence indication or under 21 for sentencing

Includes any recording, summary, transcript or other copy of that info. Can include photos, drawing or other visual representation

Purpose- effects, understand views and inform offender about the impact

Question 32

VRA Section 18

Answer 32

Before ascertaining vis info

Informed that info is for vis, must be true, must be recorded

Informed who may see or make or keep copies of vis

Any views on orders to be applied for

Question 33

Specified Offence Definition s29

Answer 33

Offence of sexual nature

An offence if serious assault not included in (a)

An offence that resulted in serious injury to a person, death or become incapable

An offence of another kind and that has led to the victim having ongoing fears for physical safety or security of self or immediate family

Question 34

Form for VNR

Answer 34

Pol 1065

Victim request to be notified or bail, release etc. They then fill it out and send off to vetting and validation section at pnhq

Question 35

VRA Section 30

Answer 35

Victim views about release on bail of accused or offender

If victim of specified offence and accused applies for release on bail

Prosecutors must make all reasonable steps to ascertain Jews of victim and inform courts of any views

Question 36

VRA Section 31

Answer 36

Victim can appoint representative. Inform agency and then agency to provide info required to be given to victim to representative. This rep has obligations to receive and pass on that notification to victim.

Question 37

VRA Section 49

Answer 37

Complaints

When not accorded the right.

Question 38

VRA Section 51

Answer 38

Return of property held as evidence

ASAP

Not applicable if they advise agency they do not want it returned