NZ Bill of Rights Act 1990

Question 1

NZ Bill of Rights Act 1990

Section 21 - NZ Bill of Rights Act 1990

Answer 1

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

Question 2

NZ Bill of Rights Act 1990

Section 22 - NZ Bill of Rights Act 1990

Answer 2

Every person has the right not to be arbitrarily arrested or detained

Question 3

NZ Bill of Rights Act 1990

Section 23 - NZ Bill of Rights Act 1990

Answer 3

Any person who has been arrested or detained under any enactment shall be, informed at the time of the arrest or detention, the reason for it and given their rights/caution immediately following the arrest or detention

Question 4

NZ Bill of Rights Act 1990

Section 24 - NZ Bill of Rights Act 1990

Answer 4

Any person charged with an offence:Shall be informed promptly and in detail of the nature of the charge and cause of the chargeANDShall have the right to consult and instruct a lawyer without delay and in private as soon as practicable

Question 5

NZ Bill of Rights Act 1990

Arbitrary Detention

Answer 5

Arbitrary Detention is the unlawful detention of a person. To avoid arbitrarily detaining a person when no legal power exists to detain that person, they must be informed:- “you are free to leave at any time”- “you do not have to remain to answer any questions”

Question 6

NZ Bill of Rights Act 1990

What is likely to happen if you fail to give a person their rights/caution?

Answer 6

Failure to give a person their rights/caution at the appropriate time may mean the evidence obtained, including any statement made, will be in admissible in court

Question 7

NZ Bill of Rights Act 1990

When would a search of a person or property be unreasonable?

Answer 7

Searches are unreasonable when they are executed:

• without, or in excess of, powers or authority
• in an unreasonable manner
• in bad faith

Question 8

NZ Bill of Rights Act 1990

Rights/Caution

Answer 8

• “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 may be 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”