Hamene

Question 1

Police were dispatched to a 5F at the home of Hoani, Liz + their 3 children. In considering issuing a PSO for Hoani, the Police Officer needs to consider hardship.

What factors apply when considering hardship for this family, select all that apply

Answer 1

1. What’s the financial ability for Hoani to find immediate alternative accommodation + transport
2. who is in charge of family finances + holds EFTPOS card / money
3. who will have the family car

Question 2

It’s unlikely that Fatima will be able to access appropriate support services + make ongoing arrangements for safety on a Friday afternoon leading into the weekend. She will also need sufficient time to arrange long term accommodation with relatives.

Answer 2

In this case a 5 Day PSO would be a suitable starting point for the duration, unless there were other circumstances

Question 3

Police were dispatched to a 5F at the home of Fatima + Joel. An informant called 111 stating that Joel was screaming + yelling + they had seen Joel throw something at Fatima. When Police arrived, Joel downplayed the situation, even though there were signs of broken kitchenware + a hole punched in the kitchen door. Fatima was very quiet + didn’t want to talk to Police. On duty risk measures showed a total elvel of concern for Fatima as High. Police called the informant + as a result Joel was arrested for assault.

Sometime later during the Family Harm Investigation it became apparent that there was insufficient evidence to charge Joel for assault

What should Police consider

Answer 3

Consider whether there are grounds to issue a PSO

Police can consider whether to issue a PSO where a quality Family Harm Investigation has failed to establish an identifiable offence. If a person is arrested but it is later determined that there is insufficient evidnce to charge for that offence, a PSO can subsequently be issued

Question 4

True or False
A PSO cannot be issued if the person posing a risk is a child, unless we are satisfied that the child is aged 16 years old or over + that the order is justified by special circumstances

Answer 4

True
Note legislation is silent on what constitutes a “special circumstance”

Careful consideration must be undertaken & documented when deciding whether or not to issue a PSO to a child. Your decision making may have unintentional consequences in relation to how the Family Violence Act 2018 interacts with the Oranga Tamariki Act 1989 & the Care of Children Act 2004

Question 5

Pursuant to the Family Violence Act 2018, what is the longest period a PSO can be put in place for

Answer 5

10 Days

PSO can be issued for up to 10 days + will trigger robust decision making by the issuing officer. Think broadly about the needs of the family, balancing their immediate safety needs with unintentional consequences caused by the duration of the PSO (eg hardship)

Question 6

What’s the recommended way to shut down a laptop or desktop computer at a scene

Answer 6

Pull out the power cord

Question 7

What section of the Search + Surveillance Act 2012 required specified person to provide access information

Answer 7

Section 130

Question 8

If you are tasked to deal with an electronic exhibit, what should you establish before proceeding

Answer 8

Determine whether anyone has touched that exhibit

Question 9

Select 2 programs that are used to process + capture & retain evidence on the Police enterprise system

Answer 9

Peazip + Snipping tool

Question 10

What’s the 2 best ways to determine if a computer / laptop is on or off

Answer 10

Using the shift key + moving the mouse

Question 11

Failure to place a mobile device in flight mode may cause what?

Answer 11

loss or destruction of evidence

Question 12

Principles that guide Police practice

An effective Police response to family harm is based on the following principles: Early intervention

Answer 12

Recognising that early intervention helps to stop and prevent family harm. This requires an eyes wide open approach at all family harm investigations.

Question 13

Principles that guide Police practice
An effective Police response to family harm is based on the following principles:

Culturally appropriate

Answer 13

· Responses to family harm should be culturally appropriate and, in particular, responses involving Māori should reflect tikanga.

This requires a sensitive approach at all family harm
investigations that acknowledges the culture of those involved and provides culturally appropriate solutions, as relevant.

Question 14

Principles that guide Police practice
An effective Police response to family harm is based on the following principles:

Safety

Answer 14

· Ensuring all parties are made safe + kept safe, particularly victims, whose safety is paramount. This may include facilitating access to support services to help secure safety.
· Children are especially vulnerable (though they may not be the primary victim) and before leaving the premises, attending officers must ensure they have no concerns regarding any child’s safety.
· Officers must also be aware that attending family harm
episodes is one of the most dangerous parts of their job and that precautions may be necessary to secure their own safety.

Question 15

Principles that guide Police practice
An effective Police response to family harm is based on the following principles:

Collecting risk information

Answer 15

·Collecting specific risk information to enable effective
assessment, planning and risk management to victims and to guide decisions around appropriate actions for offenders.

Family harm processes include the SAFVR measure and
dynamic risk assessment at the scene which combined
determine the total concern for safety.

The total concern for safety also contributes to a multi-agency risk score when combined with the risk assessed by other agencies.

Question 16

Principles that guide Police practice
An effective Police response to family harm is based on the following principles:

Accountability

Answer 16

· Holding predominant aggressors and offenders to account for their actions, by activating a prompt and comprehensive response.

This includes undertaking a thorough quality family
harm investigation and where evidence of criminal offending exists, the decision to charge and filing of a charge will reflect the nature of the offending and be made in accordance with the Solicitor-General’s Prosecution Guidelines.

· Where offenders may benefit from supportive interventions to change their behaviours, directing them into programmes that will stop and prevent harm.

Question 17

Principles that guide Police practice
An effective Police response to family harm is based on the following principles:

Working collaboratively Police must:

Answer 17

· coordinate responses to family harm through Family Violence Coordinators/Family Harm Specialists across relevant internal work groups, including FHTs, CPTs, ASA Teams, Youth Aid and Youth Education Teams, CIB, Iwi/Pacific and Ethnic Liaison Officers and other frontline employees
· be part of a coordinated collaborative multi-agency table response that aims to enhance information sharing and meet the multiple and varied needs of families
· provide quality information to multi-agency tables which
enables the best support for families in need
· apply active case management principles and processes.

Question 18

Characteristics of family harm

Answer 18

Family harm encapsulates a holistic view of the issues occurring within families and their ensuing detrimental effects.

The harm generated within families is caused by multiple factors that tend to exist against a backdrop of
adverse circumstances (vulnerabilities, compounding factors and negative behaviours).

Question 19

Characteristics of family harm

Answer 19

There are wide-reaching societal consequences from family harm including crime, poor physical and mental health and poverty.

The costs from failing to address family harm are extremely high. Māori are grossly over-represented in
family harm statistics, both offending and victimisation, and across all areas of the vulnerabilities, compounding factors and negative behaviours in the diagram above.

This in part stems from the historical trauma Māori suffered (refer to training on the legislative impacts on Māori through colonisation and the impacts of urbanisation).

Question 20

Characteristics of family harm

Answer 20

It is important to remember family harm can impact anyone, including occurring in families who are affluent. All family harm investigations require an open mind.

Question 21

Characteristics of family harm

Answer 21

Family violence is a subset of family harm. Family violence includes physical, sexual or psychological abuse within family relationships.

There may be behaviour that is coercive or controlling and causes cumulative harm. It can be a single episode or a number of episodes forming a pattern of behaviour or series of events.

An act of violence is often an escalation of an ongoing
pattern of coercion and control.

Question 22

Characteristics of family harm

Answer 22

Another concept that helps to explain the complexity of family harm dynamics is entrapment and resistance.

Victims are trapped by an abusive partner’s coercive and controlling behaviours. Victims of family harm
commonly suffer from low self-esteem and isolation caused by the violent behaviour.

Victims are unable to act or to leave the violent relationship for many reasons, including the fear of further violence.

Victims often need external help to extract them and may use violence to wrench themselves free.

Question 23

Characteristics of family harm

Answer 23

The majority of family harm investigations Police record are intimate partner violence and the predominant aggressor is mostly male and the primary victim female.

Men’s violence is more likely to result in serious injury and intimidation and fear. Women are more likely to use violence in self-defence (resistive violence).

Question 24

Characteristics of family harm

Answer 24

Children are typically present at half of all family harm episodes. Children can be exposed to family harm (CYPeFH), be witnesses of family harm and/or be
victims of child abuse and neglect.

Children are particularly vulnerable to family harm, including seeing or hearing harm against others. They are at risk of lasting harm to their current and future wellbeing.

Some of the impacts on tamariki who have been exposed to family harm include difficulty learning,
becoming an offender or victim, increased chance of mental illness and suicide, increased chance of alcohol and/or drug abuse and difficulty forming attachment.

There is evidence that exposure to significant stress (such as ongoing family harm) whilst pregnant, can impact the development of babies in utero.

Question 25

Characteristics of family harm

Answer 25

There is a high rate of co-occurrence between intimate partner violence and child abuse and neglect but these are not necessarily separate forms of violence. There can be a double level of intentionality where an act directed towards one individual is intended to affect another or others in order to keep and/or increase control over both.

Question 26

Characteristics of family harm

Answer 26

It is important to note a family harm investigation could also identify children and young people in the role of predominant aggressor. For example, children exposed to family harm and who may have experienced a lack of stability through multiple placements as a result of state care may be more at risk of inflicting family violence on parents or caregivers as they get older.

Question 27

Characteristics of family harm

Answer 27

People with disabilities and other people (e.g. due to their age or health condition or to any other cause) may also be particularly vulnerable to family harm. An area of increasing concern is the use of technology in family harm. Use of technology provides aggressors with a pervasive way to control, coerce, stalk and harass their victims. It includes a range of behaviours.

Question 28

Characteristics of family harm

Answer 28

As well as intimate partner violence and child abuse and neglect, Police attend other types of family harm episodes and must understand the variations in the types of relationships between primary victims / predominant aggressors and their interactions in order to be effective in their responses.

Question 29

Investigation and crime scene examination | Attending situations when firearms may be present

Answer 29

Always consider firearms or other weapons may be involved or that the suspect has access to these. This information will be available in OnDuty.

Question 30

Investigation and crime scene examination | Attending situations when firearms may be present

Answer 30

Whether a PSO or a protection order is in place will be available in OnDuty. If a PSO has been issued, any firearms licence held by that person will be suspended for the duration of the order. Where a protection order is in force, any firearms licence held by the respondent will be revoked. Any firearms also need to be surrendered. Check any licence endorsements and if there are any firearms in secure storage.

Question 31

Investigation and crime scene examination | Attending situations when firearms may be present

Answer 31

3Consider whether there are sufficient safety concerns to warrant the issuing of a Police safety order or, where there is sufficient evidence to arrest, making an application for a protection order. In either case all firearms, ammunition, or explosives in the possession or control of the suspect must be surrendered to Police or seized pursuant to section 18 Search and Surveillance Act 2012

Question 32

Investigation and crime scene examination | Attending situations when firearms may be present

Answer 32

If you exercise the power to seize, report to the Commissioner within three days by submitting a Firearms Search and Seizure form accessed via the Bulletin Board using the ‘Create’ and ‘Notification’ feature.

Question 33

Investigation and crime scene examination | Attending situations when firearms may be present

Answer 33

Following surrender or seizure of firearms, complete enquiries (including the views of the victim) to determine whether any licensed firearms holder is considered to be a 'fit and proper' person to hold a firearms licence. If appropriate, take revocation action pursuant to s27 and s27A Arms Act 1983. This may include informing and/or seeking assistance of the Police Arms Officer.

Question 34

Corroboration

Answer 34

Corroboration is important if the victim becomes a reluctant witness. Information that may corroborate a family violence victim's allegations include: · medical examinations and doctor’s reports (of suspect and victim) · photographs of injuries · scene examination evidence, including photographs and scene diagrams

Question 35

Corroboration

Answer 35

· clothing · witness statements (neighbours, friends, colleagues, emergency medical staff) · 111 call - obtain a copy from Comms for court · emails, text messages, phone records, internet browsing history, bank records · admissions or other corroborating or damaging statements by a suspect. These should be attached to the investigation in NIA.

Question 36

Interviewing victims, witnesses and suspects | Interview early

Answer 36

Interview victims and important witnesses early in family violence cases. They can and often become reluctant witnesses during the prosecution process or later minimise the violence. Some victims are pressured to withdraw by the suspect/offender. Obtain a statement at the time or you may lose the opportunity. Think ‘how can police prove this case without the victim’s participation?’

Question 37

Interviewing victims, witnesses and suspects | Interview early

Answer 37

Under the Evidence Act 2006 and section 82 Criminal Procedure Act 2011, Police can get evidence sworn which can later be used. If it is likely that the victim will minimise their allegations, or face pressure and become reluctant, maintain momentum with the victim on the day of the offence/episode. Their evidence can be sworn the same day thus lessening the likelihood that they will change it later. Given the nature of family harm, it is imperative to be in regular contact with victims and witnesses, providing as much support as possible, with the assistance of our partner agencies.

Question 38

Interviewing victims, witnesses and suspects | Interview early

Answer 38

Statements All interviews should be recorded in statement format and signed by the witness. Victims and other witnesses When formally interviewing family violence victims and other witnesses, follow the Investigative interviewing witness guide and additional guidance for family violence victims and witnesses fearing intimidation in Investigative interviewing - witnesses requiring special consideration.

Question 39

Interviewing victims, witnesses and suspects | Interview early

Answer 39

All forensic interviews of child abuse victims or of child witnesses of serious crime must be carried out by specially trained child witness interviewers according to the Specialist child witness interview guide. (This is an agreed guide between Police and OT). Note: this does not prevent a preliminary interview with a child occurring during initial attendance as part of identifying their role and the wider safety assessment.

Question 40

Interviewing victims, witnesses and suspects | Interview early

Answer 40

Suspects Follow the Investigative interviewing suspect guide and additional procedures in Investigative interviewing – suspects requiring special consideration when interviewing suspects in family violence cases.

Question 41

Deciding whether to arrest | Arrest if sufficient evidence of offending

Answer 41

As with all other offending, determine whether: · there is sufficient evidence of an offence to arrest, and · the tests for prosecution in the Solicitor-General's Prosecution Guidelines would be met

Question 42

Deciding whether to arrest | Arrest if sufficient evidence of offending

Answer 42

If there is sufficient evidence of an offence, suspects responsible for family violence related offences or breaches of protection orders should, except in exceptional circumstances, be arrested. Protection orders continue to be effective until discharged by a court. Where there has been an historical breach, action should still be taken.

Question 43

Deciding whether to arrest | Arrest if sufficient evidence of offending

Answer 43

Deciding if there is sufficient evidence of an offence Use the' How and when you charge makes a difference guide' to identify possible offences and determine whether they constitute family violence offences (note this guide does not provide an exhaustive list). Consult your supervisor or Family Violence Co-ordinator/Family Harm Specialist if you are uncertain about whether there is sufficient evidence to charge.

Question 44

Deciding whether to arrest | Arrest if sufficient evidence of offending

Answer 44

No formal complaint is required from the victim for you to arrest or file charges. However, their response and wishes should be listened to and noted. Explain the reason if Police actions are not consistent with their wishes. Many victims experience further harm and Police should act in a way that will encourage future reporting of episodes.

Question 45

Insufficient evidence to arrest

Answer 45

Where there is insufficient evidence to arrest but you have victim and/or child safety concerns following a dynamic risk assessment, consider if it is appropriate to issue a Police safety order in accordance with the issuing criteria. Do not give any warnings where there is insufficient evidence to prosecute.

Question 46

Charging offenders | Choosing the right charge

Answer 46

How and when you charge makes a difference. When considering what charge(s) is appropriate: · do not minimise violence that has occurred (e.g. consider the range of offences under the Crimes Act and those under the Family Violence Act) · ensure that an offender is charged and prosecuted in a way that reflects the essential nature of their offending · ensure that there is evidence which can be adduced in Court that is sufficient to provide a reasonable prospect of conviction (the Evidential Test) · consider any continuing risk the offender poses to the victim.

Question 47

Charging offenders | Choosing the right charge

Answer 47

When choosing appropriate charges and making decisions regarding negotiation of charges it is important to note the some of these offences will be 'serious violent offences' under the Sentencing and Parole Amendment Act 2010 and therefore qualify for a 'strike' under the three stage warning regime.

Question 48

Guides for determining charges

Answer 48

The following guide (should be available in custody and other relevant work areas) contains descriptions of family harm behaviour that might amount to an offence and may assist you to determine the most appropriate charge: · How and when you charge makes a difference Guide Contact your Supervisor, a Legal Advisor, Family Violence Coordinator/Family Harm Specialist or a Prosecutor in your district if you need advice about charging decisions.

Question 49

Guides for determining charges

Answer 49

Breaches of protection orders When a protection order has been breached and there is evidential sufficiency to prove a charge, you must: · charge the offender with the breach · not release the offender on Police bail for 24 hours unless there is a court hearing earlier than this where court bail can be determined. The offender is not bailable as of right pursuant to s7 (2) of the Bail Act.

Question 50

Bail | Police bail for family violence offences

Answer 50

The procedures for considering whether to grant Police bail for a person charged with a family violence offence are set out in the Bail Act 2000. Part 1 of the Bail Act sets out the rules for bail generally and Part 2 of the Act (sections 21 - 26) those relating to Police bail.

Question 51

Bail | Police bail for family violence offences

Answer 51

When deciding whether to grant Police bail, the primary consideration is the safety of the victim and their family members, linking the victim to appropriate support and services, and the possible need for the defendant to have a cooling off period to ensure the victim’s safety. Restrictions on Police bail if a protection order is breached

Question 52

Bail | Police bail for family violence offences

Answer 52

Note that if the person has been arrested for breaching a protection order they must not be granted Police bail during the 24 hours immediately following the arrest unless there is a court hearing earlier than this where court bail can be determined (s7 Bail Act).

Question 53

Bail | Police bail for family violence offences

Answer 53

This also applies when the person is charged with another offence in addition to the breach offence. (s23 Bail Act) The arrested person must be brought before a court as soon as possible.

Question 54

Bail | Police bail for family violence offences

Answer 54

At the expiry of the 24 hour period and pending a court appearance, follow standard procedures for determining whether the person should be granted Police bail.

Question 55

Bail | Police bail for family violence offences

Answer 55

The need to protect the victim of the alleged offence is the paramount consideration for the court when determining whether to grant bail (s8 (5) Bail Act).

Question 56

Bail | Police bail for family violence offences

Answer 56

Authorising Police bail You must have the authority of a supervisor of or above the position level of sergeant before releasing a family violence defendant on Police bail.

Question 57

Opposing court bail

Answer 57

In most cases, there is a presumption that a defendant is to be bailed. Any opposition to bail must fit within criteria detailed in section 8 of the Bail Act, which includes whether there is a risk to the victim. Section 8(5) of the Bail Act also provides that the need to protect the victim of the alleged offending is the paramount consideration when deciding whether to grant bail for breaching a protection order.

Question 58

Opposing court bail

Answer 58

When deciding whether to oppose bail in family violence cases, the prosecutor must consider, in addition to the factors detailed in section 8(1) and (2) of the Bail Act, the need to ensure the victim and their family's safety and any safety plans in place. A wide range of factors will be relevant and the information gathered during the investigation and the collection of risk information is critical.

Question 59

Bail conditions

Answer 59

Bail conditions should always be tailored so that they are specific and relevant to the defendant's identified risks and/or alleged offending. In family violence cases, conditions must reflect the need to ensure the victim’s safety. This could include non-association with named persons or requiring the defendant to reside at a named address. (Only in exceptional circumstances should a defendant in a family violence-related case be bailed to the victim's address).

Question 60

Electronic monitoring bail and Police safety orders

Answer 60

If a person on electronic monitoring (EM) bail is served with a PSO relating to the address at which they are required to reside, they will be unable to remain there for the duration of the order and therefore unable to comply with standard condition 5 of their bail bond. In these circumstances, follow the ‘EM bailee served with Police Safety Order’ procedures in the Bail chapter EM bail - Breaches and unsuitable addresses.

Question 61

Electronic monitoring bail and Police safety orders

Answer 61

Note that an incident of family harm at an EM address is likely to bring to attention risks pertaining to continuing EM bail at that address. Consider opposing continuation of EM bail to that address in this situation.

Question 62

Longer term safety, support and intervention | What happens after a frontline safety plan is in place?

Answer 62

The approved family harm investigation provides the basis for further action to be taken for longer term safety planning. Family Violence Coordinators/Family Harm Specialists download investigation information for use in multi-agency tables (e.g. FVIARS, ISR, WNPH) where agencies assess cases and determine what further safety actions might be required. Longer-term safety actions are then agreed and assigned to agencies. Support for victims is critical to breaking the cycle of family harm and an inter-agency approach is an essential element of the Police approach to reducing family harm and family violence offences.

Question 63

Longer term safety, support and intervention | What happens after a frontline safety plan is in place?

Answer 63

Victim safety may change as circumstances do and should be reviewed at regular intervals from attendance through case management. Changes to safety plans may occur at any time as part of the multi-agency table process, dependent on protective factors in place and changing circumstances. Police response will vary depending on resources available in each area and local agreements for multi-agency tables will reflect this. You must be aware of the arrangements in your area and maintain good relationships with providers, community, iwi, other agencies and non-government organisations.

Question 64

Local agreements with support services

Answer 64

Women's Refuge is the primary agency delivering support for victims of family violence. Other services include Shakti , Shine and a range of kaupapa Māori services and family violence specialist support services.

Question 65

Local agreements with support services

Answer 65

In areas where no Women's Refuge is available, Police and Victim Support will work with specialist agencies to clarify local responses to family violence victims which may include referral to Victim Support. (Note that due to resource constraints, Victim Support will only provide direct support to family violence victims in regions where there is no viable specialist agency available).

Question 66

Local agreements with support services

Answer 66

Support and services also varies depending on the type of episode involved. For example, where sexual offending has occurred, specialist sexual assault crisis response groups or counsellors may have been engaged.

Question 67

Local agreements with support services

Answer 67

Privacy of victim's information on referral Local protocols with multi-agency tables must take into account the rights of victims to privacy under the Privacy Act 1993 and the Victims' Rights Act.

Question 68

Local agreements with support services

Answer 68

Support agencies must operate within the framework of 'one victim - one referral' (referral meaning 'actual contact with the victim'). Disclosure of victim information to a second or subsequent support agency is permitted in certain circumstances, e.g. the agency giving initial support has reasonable grounds to believe that further disclosure is necessary to ensure the victim receives the highest level of support.

Question 69

Rights of victims Pg 41

Answer 69

Refer to the Victims (Police service to victims) Police Manual chapter for detailed information about: · treatment and rights of victims generally · notification rights for victims of serious offences including the right to be registered in the victim notification system · obtaining and submitting victim impact statements.

Question 70

Section 8 – Interpretation In this Act, unless the context otherwise requires, – child means a person who is under the age of 18 years

Answer 70

child of the applicant’s family, for an applicant and at a time, means a child who at that time ordinarily or periodically resides with the applicant, whether or not – (a) the child is a child of the applicant, and the respondent, or both: (b) for a protection order, the child – (i) resides ordinarily or periodically with the applicant at the time when the order was made; or (ii) was born only after the time when the order was made

Question 71

dwellinghouse includes –

Answer 71

(a) any flat or town house, whether or not occupied under a licence to occupy within the meaning of section 122 of the Land Transfer Act 2017: (b) any mobile home, caravan, or other means of shelter placed or erected upon any land and intended for occupation on that land:

Question 72

family member, in relation to a person, means –

Answer 72

(a) any other person who is or has been related to the person – (i) by blood; or (ii) by or through marriage, a civil union, or a de facto relationship; or (iii) by adoption: (b) any other person who is a member of the person’s whanau or other culturally recognised family group:

Question 73

family relationship means

Answer 73

one of the relationships set out in section 12 | family violence has the meaning set out in section 9

Question 74

partner, in the phrase “spouse or partner” and in related contexts, means,

Answer 74

in relation to a person (P), – (a) P’s civil union partner; or (b) P’s de facto partner; or (c) P’s common biological parent (as defined in this section)

Question 75

property, in relation to a person, means property that

Answer 75

(a) the person owns; or (b) the person does not own but – (i) the person uses or enjoys; or (ii) is available for the person’s use or enjoyment; or (iii) is in the person’s care or custody; or (iv) is at the person’s dwelling house:

Question 76

protected person, in relation to a protection order, means

Answer 76

(a) the person for whose protection the order is made: (b) any child of that person’s family: (c) any person for whose benefit the order applies pursuant to a direction made under section 87

Question 77

protection order means

Answer 77

an order, or temporary order, made under section 79

Question 78

Section 9 – | Meaning of “family violence”

Answer 78

(1) In this Act, family violence, in relation to a person, means violence inflicted- (a) against any person; and (b) by any other person with whom that person is, or has been, in a family relationship

Question 79

Section 9 – | Meaning of “family violence”

Answer 79

(2) In this section, violence means all or any of the following: (a) physical abuse: (b) sexual abuse: (c) psychological abuse

Question 80

Section 9 – | Meaning of “family violence”

Answer 80

(3) Violence against a person includes a pattern of behaviour (done, for example, to isolate from family members or friends) that is made up of a number of acts that are all or any of physical abuse, sexual abuse, and psychological abuse, and that may have 1 or both of the following features: (a) it is coercive or controlling (because it is done against the person to coerce or control, or with the effect of coercing or controlling, the person); (b) it causes the person, or may cause the person, cumulative harm

Question 81

Section 9 – | Meaning of “family violence”

Answer 81

(4) Violence against a person may be dowry-related violence (that is, violence that arises solely or in part from concerns about whether, how, or how much any gifts, goods, money, other property, or other benefits are – (a) given to or for a party to a marriage or propose marriage; and (b) received by or for the other party to the marriage or proposed marriage).

Question 82

Section 12 – | Meaning of family relationship: general

Answer 82

For the purposes of this Act, a person (A) is in a family relationship with another person (B) if (A) – (a) is a spouse or partner of B; or (b) is a family member of B; or (c) ordinarily shares a household with B (see also Section 13); or (d) has a close personal relationship with B (see also Section 14).

Question 83

Section 13 – Meaning of family relationship: sharing household

Answer 83

For the purposes of section 12(c), a person (A) is not regarded as sharing a household with another person (B) by reason only of the fact that – (a) A has, with B, - (i) a landlord-tenant relationship; or (ii) an employer-employee relationship; or (iii) an employee-employee relationship; and (b) A and B occupy a common dwelling house (whether or not other people also occupy that dwelling house).

Question 84

Section 14 – Meaning of family relationship: close personal relationship

Answer 84

(1) A person (A) is not regarded as having a close personal relationship with another person (B) under section 12(d) by reason only of the fact that A has, with B – (a) an employer-employee relationship; or (b) an employee-employee relationship.

Question 85

Section 14 – Meaning of family relationship: close personal relationship

Answer 85

(2) A person (A) is not prevented from having a close personal relationship with another person (B) under section 12(d) by reason only of the fact that A has, with B, a recipient of care-carer relationship.

Question 86

Section 14 – Meaning of family relationship: close personal relationship

Answer 86

(3) In determining whether a person (A) has a close personal relationship with another person (B) under section 12(d), the court must have regard to – (a) the nature and intensity of the relationship, and in particular – (i) the amount of time A and B spend together: (ii) the place or places where that time is ordinarily spent: (iii) the manner in which that time is ordinarily spent: (b) the duration of the relationship.

Question 87

Section 14 – Meaning of family relationship: close personal relationship

Answer 87

(4) Despite subsection (3)(a), it is not necessary for a person (A) to have a sexual relationship with another person (B) in order for A to have a close personal relationship with B.

Question 88

Section 14 – Meaning of family relationship: close personal relationship

Answer 88

(5) Subsections (2), (3), and (4) do not limit the matters to which a court may have regard in determining, under section 12(d), whether a person has a close ersonal relationship with another person.

Question 89

``` Police v Elliot (1996) 15 FRNZ 466 DC, Napier – consent to remain on property; s 19(2) ```

Answer 89

Facts A long history of domestic disputes preceded the current arrest of Elliott for breach of a non-violence order taken out by his wife. Police had previously attended the address and Elliott had a number of convictions for non-compliance with domestic protection orders. On this occasion, his wife had asked him to leave, thereby withdrawing her express consent for him to remain. On arriving at the address, police confirmed he had been asked to leave and that he had failed to do so. He was arrested and charged with breaching the non-contact provisions of the protection order. Held The Court confirmed the applicant’s ability to consent to the respondent remaining, thereby suspending the non-contact provisions of section 19(2) of the Act. Also, that she may, unilaterally and arbitrarily at any time she sees fit, revoke her consent, bringing the non-contact provisions back into effect. To avoid liability, the respondent must leave as soon as reasonably practicable. In determining whether a reasonable amount of time had been given, the Judge considered the fact that the respondent had returned all his possessions to the house, had nowhere to go and that no violence had been used against the applicant. The Court held that police had not allowed a reasonable amount of time, and dismissed the charge. Comment The following points can be taken from the decision: · The applicant is able to withdraw, at any time, their consent for the respondent to remain at the address. Once withdrawn, the respondent must leave within a reasonable time. · Police should inform the respondent that they are required to leave, and should provide a reasonable time to gather some basic items together (e.g. clothing), and also to arrange for somewhere to go. · If, having been informed that they must leave, the respondent refuses to go, they breach the order and can be arrested. · If violence has been used, the non-contact provisions of the order contained in s 19(2) do not apply. Violence will amount to a breach of s 19(1), and the respondent may be arrested.

Question 90

Senior v Police | (2013) NZHC 356

Answer 90

Background S was subject to a domestic protection order, protecting his former partner. One of its conditions was that S wasn't to engage, or threaten to engage, in behaviour "including intimidation or harassment, which amounts to psychological abuse of any person”. S wrote abuse about his former partner on his Face book page. Though she was not one of S’s Face book friends, she was able to read the abuse in the company of her niece, who was his Face book friend. S was convicted of breaching a domestic protection order. He appealed on the basis that he lacked the appropriate mens rea, because when writing the post on Face-book he knew his former partner was not his Face-book friend and it was not known for sure if she would see the abuse. High Court Decision The High Court took notice that people who use Face-book know the contents of their page are often communicated to people other than their “friends”. The Court held it was “at the very least highly reckless” to put “very strong personal abuse” directed towards a former partner on Face-book where it could be read by a large number of friends, some of whom would inevitably have contact with the person being abused. The Court dismissed S’s appeal. It found there was no defence available to him on the basis that the person subject to the domestic protection order was not a Face-book friend and therefore it was not certain she would see the abuse. The abuse was held to have been deliberate, and because of the potential for wide circulation there was a real risk the protected person would find out about it

Question 91

Family violence policies & procedures – Principles that guide Police Practice Under the core principle of “Safety” that guides a Police response to family violence incidents, there are two considerations, the first being the safety of all parties, particularly the victims What is the second safety consideration?

Answer 91

Officers must be aware that precautions may be necessary to secure their own safety

Question 92

Sec 66 of the Arms Act 1983 – Driver of vehicle deemed to be in possession of firearm etc found therein While conducting a roadside breath screening test, Constable Morrison notices an imitation rifle behind the passenger seat. Further enquiries establish the driver is not the registered owner of the vehicle Under sec 66, what does the driver have to prove in order to negate possession of the imitation rifle

Answer 92

That it was not his property & it was in the possession of some other person

Question 93

Sec 36 of the Policing Act 2008 – Care & Protection of intoxicated people Const Warrington has found Tina heavily intoxicated & lying alone on the footpath outside a city nightclub in the early hours of the morning. He takes Tina to her house for her own safety pursuant to this section but there is no one else home. There is no temporary shelter available & Tina refuses to go back to the Police Station. Under the above section, can Const Warrington take Tina back to the Police Station

Answer 93

Yes as Tina’s consent is not required

Question 94

Sec 124 of the Search & Surveillance Act 2012 R v T Internal Search In R v T Police officers effected a Search Warrant at an address & recovered a quantity of controlled drugs concealed in the appellants mouth What was the conclusion drawn by the Court of Appeal about whether viewing by observation constitutes a visual internal examination

Answer 94

It doesn’t amount to internal visual examination

Question 95

Secs 23 & 24 of the NZ Bill of Rights Act 1990 R v Kokiri Questioning after an assertion of a right to silence Kokiri was arrested after crashing a stolen car. Kokiri was advised by his Lawyer that Kokiri would not be making a statement. However, he was informally spoken to later & he begrudgingly agreed to an interview which went ahead without his lawyer being present What was the relevant Court of Appeal finding in this case

Answer 95

The statement was inappropriately obtained but was not found to be a breach of the right to silence The statement was excluded on the grounds that it was a breach of his right to silence

Question 96

Fleeing Driver Policy – Tyre deflation device In the early hours of the morning Police are pursuing an empty School bus where the driver has failed to stop & is driving erratically Can the pursuit controller give permission for tyre deflation devices (TDD) to be deployed

Answer 96

Yes, only if the Comms Shift Commander is the Pursuit Controller

Question 97

Sec 4 of the Evidence Act 2006 – Leading question definition | How does the Evidence Act define a leading question

Answer 97

One that directly or indirectly suggests a particular answer to a question

Question 98

Sec 28 of the Evidence Act 2006 – Exclusion of unreliable statements This sec applies to the issue of the reliability of the defendant’s statement offered by the Prosecution. Where the issue has been raised, the Judge must exclude the statement unless satisfied on the balance of probabilities that the statement was not likely to be adversely affected What does this section direct the judge to consider

Answer 98

The circumstance in which the statement was made

Question 99

Sec 169 of the Search & Surveillance Act 2012: Reporting Use of Powers Which of the following sections requires a notification of use of powers

Answer 99

Sec 8 – entry to arrest a person who has committed a serious offence