NZ BOR Flashcards
Key rules for police arising from NZBORA regarding questioning
1- you may ask questions but must not suggest it is compulsory for the person to answer
2- if you want to question someone and you have sufficient evidence to charge you must caution
3- if you have arrested or detained a person you must caution even if you have already given the caution before
4- there is no power to detain a person for questioning
The primary intention of NZBORA
To affirm protect and promote human rights and fundamental freedoms
it provides
Protection against the powers of government agencies
Minimum standards for public decision-making
Protection for human rights and basic freedoms
Definition of arrest
A communicated intention on the part of the police officer to hold the person under lawful authority
Definition of detention. A person will be regarded as detained if…
 there is a physical deprivation of a persons liberty
There are statutory restraints on a persons movement
They have a reasonably held belief induced by police conduct that they are not free to leave
When may a reasonable arrest/detention become arbitrary
If it becomes longer than necessary
For example longer than required to bring an offender before the court
Stopping a vehicle to undertake General enquiries
Cannot stop a vehicle to undertake general inquiries it may be classed as an arbitrary detention
Exceptions to contacting a lawyer without delay
Where time is of the essence
Where delay will cause danger to others
Ongoing and real danger the evidence will be lost

Questioning a person after their right to silence has been asserted
There is no absolute prohibition on further questioning by police after the right to silence has been asserted
Rights earlier asserted maybe waived provided the waiver is and informed and voluntary one
A person charged must
Appear at the next available court sitting
They cannot be held while inquiries are conducted in two separate offences
