NZ Bill of Rights Act 1990 (Sec 21-25)

Question 1

Section 21?

Answer 1

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

Question 2

Section 22?

Answer 2

Everyone has the right to not be arbitrarily arrested or detained.

R v GOODWIN
Arrest must have its communicated intention on the part of the Police officer to hold the person under lawful authority.

Question 3

Section 23?

Answer 3

Shall be informed at the time of arrest the reason.
Shall have the right to consult and instruct a lawyer.
Shall have the right to have the validity of the arrest determined.
Right to be charged promptly or released.
Not released be brought before courts as soon as possible.
Right to refrain from statement.
Everyone deprived of liberty shall be treated with humanity and respect.

Question 4

Section 24?

Answer 4

Everyone charged

Shall be informed promptly and in detail the nature and cause of the charge.
Released on reasonable terms.
Consult and instruct a lawyer.
Adequate time to prepare defence

Question 5

What is a search?

Answer 5

Search requires a conscious act of state intrusion into an individuals reasonable expectation of privacy as opposed to a mere observation.

a search is not:

Kneeling as using a torch to observe article.
Asking a person to hold up a bicycle to check serial
Holding out hands for inspection

Question 6

What is seizure?

Answer 6

Seizure is removing something from the possession of someone else.

Question 7

What is unreasonable search and seizure?

Answer 7

A search is unreasonable if the circumstances giving rise to it make the search itself unreasonable or if the search is carried out in an unreasonable manner.