IN06 - BILL OF RIGHTS ACT

Question 1

When does the bill of rights apply?

Answer 1

During any use of Power or Act

Question 2

Why do we need the bill of rights?

Answer 2

To give all NZ’s the same basic human rights

Question 3

What are the 4 reasons for detention?

Answer 3

1. Breath testing
2. Search
3. Interview
4. Mental Health Act 1992

Question 4

What will ruin any chance of using a statement in court?

Answer 4

Breaching section 23/24 of the BOR Act 1990 - any person under arrest, detained or charged must be told their rights. (Caution rights)

Question 5

BOR Act 1990 what are the following sections? 21-24.

Answer 5

21 - Unreasonable Search

22 - Arbitrary Search

23 - Arrest/detained (caution rights)

24 - Charged (caution rights)

Question 6

Why is unlawful and unreasonable significant?

Answer 6

Unlawful - may be accepted in court as long as it is reasonable.

Unreasonable - Will not be accept in court as it breaches section 23 and 24.

Question 7

How is it determined if a search is unreasonable?

Answer 7

1. Without/ in excess of powers
2. Unreasonable manner
3. In bad faith

Question 8

Consent search - how and why?

Answer 8

Why - we do not have RGTS or RGTB

HOW - we must ask, they can decline.

Question 9

What section in the Bill of Rights Act 1990 does it state you must do the caution rights?

Answer 9

Section 23 and section 24. When arrested/ detained or charged.

Question 10

Which sections must be done word for word and why?

Answer 10

Section 23 and 24.

So that the person in question is fully aware of their rights.

Question 11

What 6 powers are commonly used along side BOR Act 1990? (Searches of people)

Answer 11

S27 S&S Act 2012 - detain and search a person for weapons

S21 & 22 S&S Act 2012 - detain and search a person for drugs

S18 S&S Act 2012 - Detain and search for firearms and license

S69(5) Land Transport Act 1998 - Breath Testing

Mental Health Act 1992 -Detain a person for assessment purposes

S118 S&S Act 2012 - Detain a person at the scene of the search incase related to the reason of search

Question 12

On the way to scene, what should you be thinking?

Answer 12

OBTAIN (info)

• suspect
• vehicle
• direction
• weapons

WATCH

• for any vehicles leaving the scene, rego

PLAN

• where to park at scene

Form

• Plan responsibilities

Question 13

Once you arrive at scene what are the 3 questions that should be asked?

3 W’s

Answer 13

What’s happened

Where did it happen

Who is involved

Question 14

What are the three principles after arriving at scene?

Answer 14

FREEZE

CONTROL

PRESERVE

Question 15

What is meant by Freeze, control and Preserve?

Answer 15

F - keep scene in original state

C - All movement in and out of scene

P - All relevant exhibits

Question 16

What are the responsibilities of a Scene Guard? UNBENT

Answer 16

Unauthorised entry

Notebook recordings

Brief authorised people

Explore and report suspicious activity

No contaminating it yourself

Think of animals

Question 17

What 7 things do you need to know before starting as Scene Guard?

Answer 17

1. Who is authorised
2. Boundaries of scene
3. Entry
4. Exit
5. Route through scene
6. What happened
7. Suspects