NZBORA Flashcards

1
Q

What are the four most important rules associated with NZBORA?

A
  • Questioning suspect, not compulsory to answer
  • Sufficient to charge, must caution
  • Arrest/Detain must caution even if previously cautioned
  • No power to detain for questioning
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2
Q

What three things does the NZBORA provide for NZ citizens?

A
  • Protection against powers of Govt Agencies
  • Minimum stds for public decision making
  • Protection for human rights and basic freedoms
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3
Q

What does recent case law state that ‘Search’ is

A

Conscious act of state intrusion into an individuals ‘reasonable expectation of privacy.’

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4
Q

What is seizure?

A

Removing something from the possesion of someone else

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5
Q

A search that would otherwise be reasonable, is unreasonable if it is carried out in an __________ __________.

A

…unreasonable manner.

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6
Q

What is the definition of an ‘arrest?’

A

A communicated intention by police officer to hold person under lawful authority

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7
Q

What is the definition of ‘detained?’ (3)

A
  • physical derivation of liberty
  • statutory restraint on movement
  • belief: not free to leave
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8
Q

If a suspect is eligible for bail, you must bail them…….

A

…as soon as practicable

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9
Q

s.23 What are the rights of an arrested person? (7)

A
  • reason for arrest at time of arrest
  • consult & instruct lawyer (advised of that right)
  • Court validation court for arrest and detention
  • Charged promptly or released
  • to court asap
  • refrain from statement (advised of that right)
  • treated with humanity & respect
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10
Q

What do s.21 and s.22 of the BORANZ protect against?

A
  • s.21: Unreasonable search and seizure
  • s.22: Abitary arrest and detainment
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11
Q

That are the two exceptions for officers not having to immediately give BORs to an arrested or detained person?

A
  • Safety is threatened
  • Time is of the essence (delay would cause danger to others)
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12
Q

Consult & Instruct

What was decided in the case: MOT v Noort and Police v Curran?

A

The detainer is required to refrain from attemping to gain evidence until the detainee has had a resonable opportunity to consult and instruct a lawyer

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13
Q

What are the three point to remember in regards to a suspects waiving of their right to a lawyer?

A
  • that is is done in an unequivocal manner
  • that it is done clearly with full knowledge of that right (R v Biddle)
  • That it is a conscious choice, informed and voluntary. Not implied from failure to request or scilence (Police v Kohler)
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14
Q

Consult & Instruct

What was decided in the case: R v Ormsby?

Clue: Questioning of suspect after consulting with solicitor

A

That although the suspect has recieved advise to remain silent, there is nothing to stop police continuing to question suspect if they continue to answer.

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