Huarahi

Question 1

what is the risk assessment used

Answer 1

(TENR – Threat – Exposure- Necessity-Response)

Decision making process whilst using Police vehicle to minimise risk

Question 2

what’s the meaning of driving with a high standard of care to

Answer 2

minimise exposure to risk
it’s critical to reducing road trauma,
ensures t + c in Police vehicle operation.

Question 3

how does Police achieve minimising exposure to risk

Answer 3

• prioritising Police and public safety when driving,

Question 4

what standard of care should Enforcement Officers prioritise

Answer 4

• prioritising safety

Question 5

what responsibility should EOs be aware of

Answer 5

• individually legally responsible for their actions

Question 6

how is the Police risk assessment tool TENR used

Answer 6

• decision making

whether to commence and continue UDD

Question 7

how does Police use lights + siren to minimise risk

Answer 7

• use continuously where fitted,

unless a tactical approach is justified.

Question 8

What is the underlying factor to justify their actions to use UDD

Answer 8

• no duty is so urgent that it places the public or Police at unjustified risk,

Question 9

what’s the overarching principle in UDD

Answer 9

public + staff safety, has precedence over immediate apprehension of a fleeing driver

Question 10

what’s is the priority of UDD

Answer 10

• public + staff safety

Question 11

How is UDD to be conducted

Answer 11

• safest possible manner

Question 12

what speed should EOs be driving at

Answer 12

• drive at a speed and manner appropriate to the

circumstances;

Question 13

what’s the legal responsibility of the EO

Answer 13

• individually legally responsible for their actions

Question 14

what’s the risk based assessment

Answer 14

• TENR is a decision making risk based assessment

Question 15

which is the preferred vehicle for UDD

Answer 15

• category A vehicles - they are more visible.

Question 16

What is urgent duty driving? Key point

Answer 16

driving above the speed limit or the natural flow of traffic, + may not be complying with certain traffic rules

Question 17

What is urgent duty driving?

Answer 17

• is responding to a critical incident by apprehending a fleeing driver in the safest manner to public + police

Question 18

What is being gathered in UDD

Answer 18

• gathering evidence of an alleged offence

Question 19

What’s the purpose of UDD

Answer 19

• apprehending an offender for a traffic or criminal offence

Question 20

Where do you find the defences for Urgent Duty Driving

Answer 20

Land Transport (Road User) Rule 2004 (RUR) +
L/T Act 1998 (LTA) not complying with traffic rules and regs which would prevent the execution of that duty.

Question 21

When can you provide UDD as security

Answer 21

• to an official motorcade as part of an operation (as estbd in relevant Op Orders) approved by the Commissioner in writing.

Question 22

What is a ‘critical incident

Answer 22

Situations where:

• force or the threat of force is involved

Question 23

What is a ‘critical incident where any person faces ?

Answer 23

• where any person faces the risk of serious harm

Question 24

What is a ‘critical incident where Police are responding to ?

Answer 24

. Police are responding to people in the act of

committing a crime.

Question 25

what are the Factors to consider in UDD | 8 points

Answer 25

dc-vc + vp / env / prox inc / prox ou / n + srsns of inc / tym / vtyp / wd actv-ta . time, . nature and seriousness of the incident • proximity of incident • proximity of other units to the incident • environment, e.g. weather, traffic volume, road type, speed limit and pedestrians etc • driver classification, vehicle classification and vehicle passengers • warning devices are activated or a ‘tactical approach’ is being used • vehicle type.

Question 26

when are warning devices required

Answer 26

use red + blue flashing lights + siren (continuously) while UDD unless a ‘tactical approach’ is used.

Question 27

What is a ‘tactical approach’

Answer 27

UDD w/out activating of warning lights + or sirens. Increases safety risks to public + Police. It's the exception not the rule.

Question 28

what does a tactical approach involve

Answer 28

• adjusting vehicle speed • turning off or not activating the siren + warning lights.

Question 29

what's the advantage of a tactical approach

Answer 29

bring a patrol car closer to an offender/incident not alert anyone + greater opportunities to get evidence

Question 30

what are examples of a tactical approach

Answer 30

• approaching a scene of a serious crime in progress, or • attending a report of a suicidal person, or • obtaining evidence of a speeding offence, where the driving is not dangerous + the risk of not using the warning devices is judged as low.

Question 31

when will you need to justify your decision to use a tactical approach

Answer 31

if there is any subsequent investigation.

Question 32

what must a tactical approach be proportional to

Answer 32

be in line with the TENR assessment + executed safely.

Question 33

when does a tactical approach not apply

Answer 33

If neither lights nor sirens are used, then the defences for proceeding against traffic signals or through intersections do not apply.

Question 34

when can't a tactical approach be used

Answer 34

once a fleeing driver incident is initiated. | Any deactivation of warning devices must be in line with the fleeing driver abandonment procedure

Question 35

what's the driver responsibility

Answer 35

Complies with the law and drives in a manner that prioritises public and Police safety.

Question 36

what's the responsibility of a cop who is a passenger

Answer 36

• Advises the driver about the route, situational factors and risks + Radio comms

Question 37

what's the responsibility of the Field supervisor

Answer 37

• Manages Police performance re driving behaviour. • Id's + manages health + safety risks to those staff. • reports policy breaches to their superior. • Investigates + reports crashes involving a Police vehicle.

Question 38

what's the responsibility of the Manager

Answer 38

Ensures: • Sureplan notified of Police Vehicle crashes • monitoring of health and safety obligations • crash files progressed to the District Road Policing Manager and District Police Professional Conduct Manager for their review.

Question 39

what's the responsibility of the Controlling officer | Note: The CO is a shift supervisor (office of constable) at the appropriate Communications Centre.

Answer 39

• Ensures units are directed to the incident as appropriate.

Question 40

Police pursuing or managing the pursuit of a fleeing driver must be assessed or reassessed

Answer 40

• The decision to commence, continue, or abandon a fleeing driver pursuit must be continually assessed and reassessed in accordance with TENR.

Question 41

Police pursuing or managing the pursuit of a fleeing driver must be aware of what takes precedence

Answer 41

Public and Police employee safety takes precedence over the immediate apprehension of a fleeing driver.

Question 42

Police pursuing or managing the pursuit of a fleeing driver must be aware of what force is permissible

Answer 42

Resolving the fleeing driver pursuit as safely and as quickly as possible, using the least amount of force in the circumstances, is the key objective.

Question 43

Police pursuing or managing the pursuit of a fleeing driver must understand the preferred option

Answer 43

An inquiry phase is preferred over a fleeing driver pursuit wherever possible.

Question 44

Police pursuing or managing the pursuit of a fleeing driver must be aware of when they will be supported

Answer 44

Decisions to abandon fleeing driver incidents will be supported.

Question 45

Why must the decision to commence, continue, or abandon a fleeing driver pursuit be continually assessed and reassessed

Answer 45

to ensure: • the actual or perceived risks are fully understood on a continuing basis; and • the tactical options available are understood and deployed appropriately

Question 46

Management principle A determines how fleeing driver incidents be managed

Answer 46

• fleeing driver incidents must be managed in the safest possible manner;

Question 47

what's management principle B in regard to an enquiry phase

Answer 47

an inquiry phase is preferred over a fleeing driver pursuit wherever possible and when circumstances allow;

Question 48

when does the management principle C of fleeing driver incidents be commenced + or continued ?

Answer 48

when the seriousness of the offence and the necessity of immediate apprehension outweigh the risk of pursuing;

Question 49

what's management principle D, does it justify a fleeing driver pursuit

Answer 49

the fact that a driver is fleeing does not in itself justify a fleeing driver pursuit;

Question 50

what's management principle E re decisions to abandon a pursuit

Answer 50

decisions to abandon fleeing driver incidents will be supported;

Question 51

what management principle in applying a flexible response

Answer 51

Police employees will use risk-based assessments (e.g. TENR) and apply a flexible response to changing circumstances

Question 52

what's management principle of a fleeing driver

Answer 52

the fleeing driver will be held to account.

Question 53

what's UDD

Answer 53

driving above speed limit or natural flow of traffic at intersections - increases risk to police + public

Question 54

why should police prioritise safety by driving with a high standard of care

Answer 54

minimise risk critical to reducing road trauma + | ensure trust + confidence

Question 55

Tapara v Police stopping vehicles, s 114 (formerly s66 T/Act 1962 Now s114 Lnd T/Act 98) What were the key findings in this case

Answer 55

Act is Rstrctd 2 nfrcmnt / admn of prtculr prvsn Hs Honour sed Const’s wr nt cncrnd wth any aspct of the T/Act – thy rcgnsd drvr but smply wshd 2 spk wth th psengr + cudn’t rly on pwr undr s66 to stop th vhcl Appeal – 2 charges Fail 2 stop for Const contrary to s66(2) T/Act 1962 (now 114 Land Transport Act 1998 + Wilful Trespass in Hotel w/in 2yrs of wrning 2 stay off those premises 2 Const’s sw def drvg + rcgnsd th psnger. They wntd 2 spk 2 th psngr + atmptd 2 stop def. Def drov n2 hotel wholsle botl whr he hd been trspsd frm Court issue 1. wthr Police had pwr 2 stop def 4 prpse not rl8d 2 def or his drvng, thy smply wnted 2 ntrvw th psngr 2. wethr def is trspasr by drvg onto hotel prmses aftr being warnd 2 stay off tht mrning Held Sbmitd Crt (now s114 LT Act 98) ntitls Const / T Ofcr 2 stop a vhcle 4 any prpose Gallen rferd 2 Po v Min of T/prt whre Cook P sed – stppng a drvr or obtayng name, adrss r not ends n thmslves. Drvrs duties mposd by s66 2 fclit8 nfrcmnt or admnstr8n of Act. Rstrctd 2 nfrcmnt / admn of prtculr prvsn Gallen J, stated: “oblg8ns othr thn stpng r dirctd 2wrds matrs rl8d 2 opr8n of vhcl & tends 2 color th oblg8n 2 stop Court of Appeal in Blundell v Attorney-General (1968) NZLR 341. It’s inconceivable tht Parliament culd’v ntndd unrstrctd prvsions re s66 alowng evn capricious stopng Hs Honour sed Const’s wr nt cncrnd wth any aspct of the T/Act – thy smply wshd 2 spk wth th psengr + cudn’t rly on pwr undr s66 to stop th vhcl