NZ Bill of Rights Act

Question 1

What is meant by the terms:

• Arbitrary Detention
• Detained under any enactment

Answer 1

• Arbitrary Detention: means to detain randomly/ randomly

- Detain under any enactment: means to detain for the purpose of exercising a statutory power.

Question 2

What should you tell a suspect in order to avoid arbitrary detention?

Answer 2

• You are free to leave at any time
  OR
• You do not have to remain to answer my questions.

Question 3

When must the Section 23 Rights/Caution be given when using a specific power to search?

Answer 3

• The Section 23 Rights/Caution must be given as soon as a person is detained under the enactment.

Question 4

What is likely to happen if you fail to give a suspect their Section 23 Rights/Caution?

Answer 4

• Failure to give a Section 23 Rights/Caution may mean the evidence and/or statement may be inadmissible in court.

Question 5

How and when should Section 24 apply?

Answer 5

• Inform the person of the nature of the charge.

- Give the person the opportunity to consult/ instruct a lawyer without delay and in private.

Question 6

What is the Section 23 Rights/Caution?

Answer 6

• recite as per the notebook page.

Question 7

Summarise the 4 Sections of the NZ Bill of Rights Act that are relevant to Police.

Answer 7

• Section 21:
  Every person should be secure against unreasonable search and seizure.
• Section 22:
  Everyone is protected from arbitrary or random arrest.
• Section 23:
  People Arrested or detained have rights and must be informed of those rights.
• Section 24:
  People charged with an offence have rights and must be informed of their rights.