NZ Bill Of Rights Act 1990

Question 0

While performing a Police officers duties, you will routinely:

Answer 0

1. SEARCH- people, vehicles,
    premises
2. DETAIN- people for purposes of
    search and/or interview (by con-
    sent unless you have search
    warrant or stat. power
3. ARREST- and charge individuals 
    for criminal offences
4. DETAIN- people for breath
    testing or other purposes eg. 
    mental health

Question 1

What does The NZ Bill of Rights Act 1990 identify?

Answer 1

FREEDOM OF RIGHTS

Those basic human rights that should be enjoyed by all New Zealanders.

1. Freedom of thought, conscience 
    and religion
2. Right to life (subject to certain 
    qualifications)
3. Right to vote if over 18
4. Right not to be subject to torture
5. Freedom from discrimination
6. Right to justice and access to a
    fair justice system 
7. Right to live according to 
    minority cultural practices
8. Right to the protection from 
    unreasonable search
9. Right not to be arbitrarily 
    arrested it detained 
10.rights of persons arrested/
    detained/ charged

Question 2

What is Section 21of the NZ Bill of Rights Act 1990?

Answer 2

Section 21: Search and Seizure

” Everyone has the right to be secure against unreasonable search and seizure, whether of the person, property, or correspondence or otherwise.”

UNREASONABLE SEARCHES=

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

EXAMPLE- offender arrested and strip searched in view of crowd.

Question 3

What are the 3 main forms of search?

Answer 3

1. Specific statutory search powers
2. Statutory search pursuant to
   arrest or detention

3. Consent searches (no reason-
    able grounds to suspect or
    believe, which would allow you 
    to search person using stat. 
    power if search. For court to
    accept, you are required to tell
    person they don't have to 
    consent.)

Question 4

What is Section 22 of the NZ Bill of Rights Act 1990?

Answer 4

Section 22:
ARBITRARY DETENTION

(Arbitrarily = randomly, or in an unrestrained way; or lawfully)

Detention for the purpose of questioning may be regarded as an arbitrary detention if you do not say the following:

a) “ YOU ARE FREE TO LEAVE AT
ANY TIME”

b) “YOU DO NOT HAVE TO
REMAIN TO ANSWER ANY
QUESTIONS”

(You must consider- have I said or done anything that would indicate the suspect is not free to go?)

Question 5

What is Section 23 of the NZ Bill of Rights Act 1990?

Answer 5

Section 23:
RIGHTS OF PERSONS ARRESTED OR DETAINED

YOU ARE UNDER ARREST FOR..

YOU HAVE THE RIGHT TO REMAIN SILENT.

YOU DO NOT HAVE TO MAKE ANY STATEMENT.

ANYTHING YOU SAY WILL BE RECORDED AND GIVEN IN EVIDENCE IN COURT.

YOU HAVE THE RIGHT TO SPEAK WITH A LAWYER WITHOUT DELAY AND IN PRIVATE BEFORE DECIDING WHETHER TO ANSWER ANY QUESTIONS.

POLICE HAVE A LIST OF LAWYERS YOU MAY SPEAK TO FOR FREE.

Question 6

What is Section 24 of the NZ Bill of Rights Act 1990?

Answer 6

Section 24:

RIGHTS OF PERSONS CHARGED

Duplication of Sect 23 however it deals with people who are being charged with an offence.

Question 7

What does Detained Under an Enactment mean?

Answer 7

When you detain someone in order to exercise an act such as power of search