IN06- New Zealand Bill of Rights Act 1990

Question 1

What is section 21 in the Bill of rights?

Answer 1

Every person should be secure against unreasonable search and seizure of their person, property or correspondence.

Question 2

What is section 22 in the Bill of rights?

Answer 2

Everyone is protected from arbitrary or random arrest or detention.

Question 3

What is section 23 in the Bill of rights?

Answer 3

People arrested or detained under any enactment have rights and must be informed of those rights in a timely manner.

Question 4

What is section 24 in the Bill of rights?

Answer 4

People charged with an offense have certain rights and must be informed of their rights.

• Shall be informed promptly and in detail
• shall have the right to consult and instruct a lawyer without delay and in private as soon as practicable.

Question 5

Under section 21 what are the three main types of searches?

Answer 5

• Specific statutory powers under search and surveillance act- (Section 27(offensive weapons), Section 21 &22-(drugs), Section 18 (arms)
• Statutory search pursuant to arrest or detention.
• Consent searches.

Question 6

Section 21- searches are unreasonable when they are excuted:

Answer 6

Without, or in excess of, powers or authority.
In an unreasonable manner
In bad faith.

Question 7

Under section 22 what must you do in relation to questioning a suspect

Answer 7

ensure you have advised the suspect :
You are free to leave at any time
You do not have to remain to answer any questions.

Question 8

What other sections give specific powers to search without consent and without warrant?

Answer 8

Section 69(5) Of LTA 98 which allows a constable to detain a person for breath testing purposes.
Mental Health act 92 to help detain a person for assessment purposes.
Section 118 search and surveillance to detain people at a search scene to determine their connection to the objective of the search.