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Revision for 1st Exam Flashcards

1
Q

Indecent Exposure

Summary Offences Act 1981

A

In OR within view of a public place

Intentionally and obscenely

Exposes any part of his or her genitals

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2
Q

Indecent Act in Public Place

Crimes Act 1961

Section 125

A

Wilfully does

Any Indecent Act

In any place to which the public have or are permitted to have access, OR within view of any such place.

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3
Q

Section 110

Search and Surveillance Act 2012

A

Incidental powers:

  • Use force on that property to execute a search power
  • Bring or use equipment or other people to assist
  • Bring an enforcement dog
  • Take or copy any document that may lawfully be seized
  • Photo or take recordings
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4
Q

S8 of the Victims Rights act states that Victims are entitled to:

A

Medical, Welfare, Counselling, Legal

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5
Q

Punishment for theft?

A

Greater than $1000 - 7 years

$500 - $1000 - 1 year

$0 - $500 - 3 Months

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6
Q

Dishonestly Gets Into or Upon

A

Dishonestly

Without Claim of Right

Gets into or upon

Any or part of vehicle, ship or aircraft

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7
Q

Section 29

Search and Surveillance Act

A

if you believe that stolen property is in that vehicle you may search that vehicle without warrant.

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8
Q

Section 40

Oranga Tamariki Act 1989

A

Warrant to remove CYP, made by a court order

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9
Q

What are the three types of violence identified in the Family Violence Act 2018?

A
  1. Physical Abuse
  2. Sexual Abuse
  3. Psychological Abuse
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10
Q

Wilful Damage

Summary Offences Act 1981

Section 11(1)(a)

A

Intentionally -

A deliberate act, without lawful justification, excuse or claim of right. OR A reckless act (where the possible consequences are forseen but continues the act regardless of the risk, without lawful justification, excuse or claim of right.

Damages - Temporary or permanent reduction in the value and/or usefulness of the property.

Property - Something that belongs to another person and is capable of being damaged.

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11
Q

What does VAWSEEPO stand for?

A

Victim

Appreciation

Witness

Scene

Exhibits

Elements

Powers

Offender

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12
Q

Section 96

Land Transport Act 1998

A

You must seize and impound a motor vehicle if you believe that a person drove a vehicle while:

  1. Disqualified from holding or obtaining a license
  2. Had their license suspended or revoked
  3. They were not holding a license and had been previously forbideen from driving
  4. They have over 400mcg of alcohol per litre of breath AND have 2 convictions for relevant offences in the past 4 years.
  5. They have over 80mgm of alcohol per 100ml blood AND have 2 convictions for relevant offences in the past 4 years.
  6. They have refused a blood test and have two previous convictions for any relevant offence within the last four years.
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13
Q

Burglary

Crimes Act 1961

Section 231 (1)a)

A

Enters

Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship.

Any building or any ship or any part of a building or ship

Any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.

Without authority

An absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent.

With intent to commit an imprisonable offence

There must be an intention to commit an imprisonable offence. This offence does not have to be theft.

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14
Q

Victims must always be treated with……

A

Compassion, Courtesy, Privacy & Dignity

CCPD

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15
Q

Minor in Possession of Alcohol for Consumption

Summary Offences Act 1981: Section 38(3)(b)

A

Every person under 18 years of Age

Who has in his/her possesion for the consumption of

Alcohol

In a public place

While not accompanied by his or her parent or legal guardian

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16
Q

Five categories of people that Police can breath test?

A
  1. Any Driver on any road
  2. Anyone attempting to drive on any road
  3. Anyone you have good cause to suspect has recently committed an offence
  4. Any driver of a vehicle involved in an accident
  5. Where the driver is not known but you suspect that passengers in a motor vehicle may have been involved in a crash.

Any driver, attempts offences by accidentally not knowing

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17
Q

Unlawful Carriage OR Possession of a Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosive

Section 45 Arms Act 1983

A

Except, for some lawful, proper or sufficient purpose

Carries OR is in possession of

Firearm OR Airgun OR Pistol OR Prohibted Magazine OR Restricted Weapon OR Explosive

P.R.E.F.A.P.

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18
Q

Section 17

Sale and Supply of Alcohol Act 2012

A

Off Licence

Can:

  • Sell
  • Deliver
  • Arrange for delivery of

Alcohol for consumption off the premises described in the licence

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19
Q

Section 113

Land Transport Act 1998

A
  • Direct a person to give details
  • Inspect a vehicle for safety
  • Move a vehicle blocking a road
  • Direct another person to remove a vehicle from the road
  • Forbid an unlicensed driver from driving
  • Forbid a person from operating a transport service without a licence
  • Direct a person not to cross a road
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20
Q

What does ADVOKATE stand for?

A

Amount of time

Distance from offender/ witnessed offence

Visibility (light/weather)

Obstructions between you and the offender/witnessed offence

Knowledge of the offender/victim (if victim has not come forward)?

Any reason why you can remember the offender/incident?

Time delay between the statement and the incident?

Errors that the witness may have made?

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21
Q

Offensive Behaviour

Summary Offenses Act 1981

Section 5A

A

In a public place or in view of a public place

Behaves in an offensive manner

Behaves in a manner that arouses feelings of anger, resentment or disgust that causes a disturbance to public order.

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22
Q

Section 122

Land Transport Act 1998

A

You can impound a vehicle for 12 hours if it is in the interest of public safety. This period may be extended for another 12 hours if nothing has changed.

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23
Q

Assault

Crimes Act 1961 Section 196 or Summary Offences Act 1981

Section 9

A

Assaults

Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly, OR threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.

Another person

It has to be another person other than the offender.

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24
Q

When must a death be investigated?
Coroners Act

A

SCUMBIE

Suicide

Cause Unknown

Unatural / Violent

Medical (such as a death during surgery)

Births

Institutions (such as a person under arrest)

Enactment (people in mental hospitals)

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25
Q

What are the five situations when you may conduct a breath test?

Section 68

Land Transport Act 1998

A
  1. Random - Any driver of a motor vehicle on any road
  2. Any person attempting to drive a motor vehicle
  3. Any person you have good cause to suspect has recently committed an offence against road safety provisions of the land transport act that involves the driving of a motor vehicle
  4. A driver of a motor vehicle involved in a motor accident
  5. Where the driver is not known after an accident
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26
Q

Section 8

Search and Surveillance Act 2012

A

If you suspect that a person has committed an imprisonable offence and believe that the person is in a place and vehicle and believe that if entry is not effected immediately that person may avoid arrest or CADD of evidence relating to the offence may occur.

You may enter that vehicle or place without a warrant.

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27
Q

Section 42

Oranga Tamariki Act

A

A critical requirement to remove a child.

No warrant is required.

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28
Q

What happens when a bound person breaches their PSO?

A

They are detained for up to 24 hours so that they may be taken to court

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29
Q

Being Found on Property without Reasonable Excuse (Building)

Summary Offences Act 1981

Section 29(1)(a)

A

Found

Discovered, seen, or come upon

Without reasonable excuse

No lawful, genuine or reasonable excuse

In OR on

Physically inside of or on

Any building

A structure, permanent or temporary

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30
Q

Section 123

Search and Surveillance Act

A

Seizing items in plain view.

Can only be done if you are already exercising a Search Power, conducting a lawful search of a person or if you are in any place or vehicle lawfully.

You need RGTB that seized that item under any search warrant you could have obtained or any other search power you may exercise.

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31
Q

Trespass after previous warnings

Trespass Act 1980

Section 4(4) & 11(2)(a)

A

Being a person who has been warned under Section 4 to stay off any place

A person who has been issued with a warning, either verbally or in writing, to stay off a property.

Wilfully trespasses on that place

The offender intentionally, deliberately, without mistake, returns to the premises.

Within two years

Within two years after the giving of the warning.

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32
Q

Section 118

Land Transport Act 1998

A

Obtain information on the driver of the vehicle from the owner of the vehicle.

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33
Q

Unlawful Possession of Prohibited Firearm

Section 50A

Arms Act 1983

A

In possession of

A prohibited firearm

Not authorised or permitted to be in possession by the Act

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34
Q

Being found on Property without Reasonable Excuse

Summary Offences Act 1981

Section 29(1)(b)

A

Found

Without reasonable excuse

In

Any enclosed yard or other such area

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35
Q

Section 9

Search & Surveillance Act 2012

A

Searching a vehicle if you believe that someone inside it is unlawfully at large

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36
Q

Indecent Assault

Crimes Act 1961

Section 135

A

Indecently Assaults

Another Person

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37
Q

Section 48

Oranga Tamariki Act 1989

A

Ability to take CYP home if circumstances cause you to suspect that something bad is going to happen if they stay out.

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38
Q

Resisting Police

Summary Offences Act 1981

Section 23(a)

A

Resists OR Incites or encourages any other person to resist

Requires some degree of force by the offender. Urge or persuade any other person to use some degree of force.

Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty

The person must have been lawfully exercising their powers.

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39
Q

Excreting in Public Place

Summary Offences Act 1981

Section 32(1)

A

Urinates or Defecates

Pisses or shits

In any public place other than a lavatory

  • May only be arrested if you see them and they refuse to give their name and address.
  • If they can prove that they reasonably believed they couldn’t be seen by anyone this is an excuse
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40
Q

Trespass after Warning to Leave

Tresspass Act 1980

Section 3

A

Tresspasses

On any place

After being warned to leave that place by the occupier of that place

Neglects or Refuses to do so

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41
Q

What 4 things must be explained to the bound and protected persons when issuing a PSO?

A

Purpose of the PSO

Effects of the PSO

Consequences of breaching the PSO

Duration of the PSO

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42
Q

Section 18

Search and Surveillance Act 2012

A

Warrantless search of someone you have RGTS is carrying arms and is any of the following:

  • In breach of Arms Act 1983
  • Incapable of having proper control of the arms as a result of mental or physical condition
  • Has a PSO against them
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43
Q

Presenting Firearm

Section 52(1) Arms Act 1983

A

Except for some lawful and sufficient purpose

Presents

Firearm OR Air gun OR Pistol OR Restricted Weapon

At any other person

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44
Q

Dishonestly Uses Motor Vehicle

S226

Crimes Act 1961

A

Dishonestly

Without Claim of Right

Uses

For any persons purposes

Any vehicle or part of any vehicle, ship, aircraft or horse

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45
Q

Display of Licence and Signs

Sale and Supply of Alcohol Act 2012

A
  1. The licence must be displayed at all times and near the main entrance
  2. Manager’s identity must be prominently displayed
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46
Q

Section 169

Search and Surveillance Act

A

Reporting:

  • S7
  • S8
  • S83
  • S84
  • ​S29
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47
Q

Obstruction

Summary Offences Act 1981

Section 23(a)

A

Intentionally obstructs or incites or encourages any other person to obstruct

Deliberately makes it more difficult

Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty

The obstructed officer needed to have been exercising lawful powers.

48
Q

Section 14

Sale and Supply of Alcohol Act 2012

A

On-Licence

  • Sell
  • Supply
  • Allow consumption of

Alcohol on the premises or conveyance described in the licence

49
Q

Section 131

Search and Surveillance Act 2012

A

Reason

Act

Intent to make entry

Your Name

50
Q

Section 116

Land Transport Act 1998

A

Powers of arrest

51
Q

Robbery

Section 234

Crimes Act 1961

A

Theft

Meet the elements of theft

Accompanied by violence or accompanied by threats of violence

Violence before or at the time of the theft, including any struggle over the property.

To any person or to any property

Threatening to hurt the person other than the victim or damage property counts

Used to extort the property stolen or to prevent or overcome resistance to the property being stolen

52
Q

Who can approve a PSO?

Who can approve a PSO aimed at a 16/17 year old?

A

SGT+

SSGT+

53
Q

Section 121

Search and Surveillance Act 2012

A

Stopping a vehicle to support and other section of S&S Act 2012

54
Q

Section 7

Search and Surveillance Act 2012

A

The ability to enter a property if you Suspect that a person is unlawfully at large (is a prisoner/someone who has escaped custody) and believe that they are on that property

55
Q

Section 114

Land Transport Act 1998

A

Stop any vehicle IOT check driver’s details.

56
Q

Section 121

Land Transport Act 1998

A

If someone is unable to drive a vehicle due to a physical or mental condition or fail a CIT test, a constable may:

  • Forbid Someone from driving
  • All Key’s Surrendered
  • Render vehicle immobile
  • Move
  • EBA offenders forbidden from driving for 12 hours
  • Direct a person to drive to a specific place to rest
57
Q

Wilful Damage - Sets Fire to

Summary Offences Act 1981

Section 11(1)b)

A

Intentionally

A deliberate OR reckless act [where the possible consequences are foreseen but continues the act regardless of the risk], without lawful justification, excuse or claim of right.

Sets fire to

Damages through use of fire.

Any tree or vegetation

Any growing plant.

58
Q

Section 22

Sale and Supply of Alcohol Act 2012

A

Special Licence

  1. On Site: Sell or Supply alcohol for consumption on site to any person attending events described in the licence
  2. Off Site: Sell alcohol for consumption elsewhere
59
Q

What is the penalty for a licensee breaching liqour trading hours?

A

$20,000 fine

7 days suspension

60
Q

What is the maximum duration of a PSO?

A

10 days

61
Q

Section 95

Land Transport Act 1998

A

Suspending a license for 28 days:

  • Over 650mcg per litre of breath or 130mgm per 100ml blood.
  • Over 400mcg per litre of breath or 80mgm per 100ml blood if convicted of relevant offence in the last four years.
  • Person refused blood test
  • Person drove faster than 40kmph over limit in permanently posted speed area
  • Person drove faster than 50 kmph over limit in temp posted speed area
62
Q

Theft - Takes

Crimes Act 1961

Section 219(1)a) & 223(b) or 223(c) of 223(d)

A

Dishonestly

Without a belief that there was consent or authority from the owner.

Without claim of right

No belief in a right to own or possess the property.

Takes

Physically moves the property.

Any Property

Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.

With intent to deprive any owner permanently of that property or any interest in that property

An intent to deprive the owner permanently of the property any share that they have in that property.

63
Q

Section 85

Search and Surveillance Act 2012

A

Searching an arrested or detained person for carrying anything that can:

  • harm
  • be used in escape
64
Q

Aggravated Robbery

Section 235

Crimes Act 1961

A

A person robs any other person

Fulfills the elements of robbey

And, at the time of the robbery, causes grievious bodily harm to any person

Or being together with any other person or persons

Or armed with an offensive weapon or instrument (which includes a firearm)

65
Q

Section 119

Land Transport Act 1998

A

Power to enter a property after freshly pursuing someone.

66
Q

Indecent Act with Intent to Insult or Offend

Crimes Act 1961

Section 126

A

With Intent to insult or offend any person

Does any indecent act

In any place

67
Q

Section 39

Oranga Tamariki Act 1989

A

Powers to remove CYP.

This does not require a the family to be in court.

68
Q

Section 28

Search and Survellance Act 2012

A

If you have reasonable grounds to suspect that a person travelling in the vehicle or who has exited that vehicle is carrying an offensive weapon, and suspect that the weapon is in that vehicle.

You may search the vehicle

69
Q

PEACE Format

A

Preperation and planning

Engage and explain

Account, clarify and challenge

Closure

Evaluation

70
Q

Possession of an Offensive Weapon (public place) S204A(4)(a)

A

Without lawful authority or reasonable excuse

Has with him or her

In any public place

Any knife OR Any offensive weapon OR Any d Disabling substance

71
Q

When is someone a party to an offence?

A

I Could Procure AAs

Incites

Counsels

Procures

Aides

Abets

72
Q

Section 214

Crimes Act 1961

A

No Child or Young Person is to be arrested unless:

  • Witnesses would intimidated
  • Evidence would be destroyed
  • Enforce a court appearance
  • Prevention of further offences
73
Q

Section 40

Arms Act 1983

A
  1. You may request the Name, Address and D.O.B for any firearm holder
  2. If they refuse to supply these particulars, you may arrest them after cautioning them
74
Q

Unlawfully Carrying or Possessing Firearm in Public Place

Section 50D

Arms Act 1983

A

Without lawful purpose

Carries OR In possession of

A prohibited firearm

In a public place

75
Q

Section 88

Search and Surveillance Act 2012

A

You may search someone who has been arrested or detained for evidential material if you have RGTB that they have evidential material on them that relates to the offence for which they have been detained/arrested.

76
Q

Section 84

Search and Surveillance Act

A

Entry and search of a vehicle following an offence - if you have reasonable grounds to believe that evidential material is in that vehicle.

77
Q

Unlawfully Takes Vehicle

S226

Crimes Act 1961

A

Dishonestly

As per theft

Without Claim of Right

As per theft

But not so as to be guily of theft

Lacks the intent to permanently deprive the owner permanently of the property

Takes

As per theft

For any persons purposes

Any vehicle or part of any vehicle, ship, aircraft or horse

78
Q

Section 21

Sale and Supply of Alcohol Act 2012

A

Club Licence

  • Sell
  • Supply

Alcohol for consumption on the premises described in the licence to any:

  • Member of the club
  • Guest accompanied by a member of the club
  • Member of another club with visiting rights
79
Q

Assualt with a weapon

Crimes Act 1961

Section 202C (1)a) or 202 C(1)b)

A

Assaults

Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly, OR threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.

Another person

It has to be another person other than the offender.

Using anything as a weapon OR having anything with him or her in circumstances that prima facie show an intention to use it as a weapon

An object of some sort, whether animate or inanimate, must be used as a weapon. An object of some sort, whether animate or inanimate, must be either on the offender or reasonably available to them. The circumstances must be sufficient to show an intention to use the object as a weapon.

80
Q

Section 123

Land Transport Act 1998

A

Seize a car for 7 days for forensic inspection if:

  • Involved in a hit and run offence
  • The driver failed to stop IAW S114
81
Q

Section 115

Land Transport Act 1998

A

Green or Pink Sticker vehicles

82
Q

Offensive Behaviour (Disorderly)

Summary Offences Act 1981

Section 4(1)(a)

A

In a public place or in view of a public place

Behaves in a disorderly manner

That causes disruption to public order.

83
Q

Possession of an offensive weapon (any place) Section 204A(4)(b)

A

Has in his or her possession

In any place

Any offensive weapon OR Any disabling substance

In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence

84
Q

Fighting in a public place

Summary Offences Act 1981

Section 7

A

Fights

Fighting is punching, striking, mauling, wrestling, etc, between two or more willing participants

In a public place

A place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes the interior of a vehicle that is in a public place

85
Q

Rights Caution

A

You have been arrested / detain for …..

or

I am speaking to you about….

  • 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.
86
Q

Dishonestly Interferes with a Motor Vehicle

A

Dishonestly

Without claim of right

Interferes with

Any vehicle, or part of a vehicle or ship or aircraft

87
Q
A
88
Q

Rights caution for an EBA who is accompanying you to a police station?

A
  • You have the right to remain silent and 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
  • These rights will continue throughout the breath or blood alcohol testing procedures
  • If you wish to speak to a lawyer, a telephone will be made available to you for that purpose as soon as practicable.
  • You will be allowed a reasonable time to consult and instruct a lawyer from the time a telephone is made availible to you.
89
Q

Section 125

Search and Surveillance Act 2012

A
  • Reason for the search
  • Act Name
  • Your Name / QID
90
Q

Section 17

Search and Surveillance Act 2012

A

You may enter a vehicle without warrant if you believe that evidential material relating to an offence punishable by 14 years in prison is inside.

91
Q

Section 39 of the crimes act enables?

A

Gives a constable or other person the power to use force in making an arrest. Reasonable force includes force that is necessary and proportionate, given all the circumstances known at the time.

92
Q

Section 85

Search and Surveillance Act 2012

A

Rub Down search of people who are arrested or detained in order to find items that may cause harm or aid in escape.

93
Q

Unlawfully Carrying of Imitation Firearm

Section 46(1)

Arms Act 1983

A

Except for some lawful, proper and sufficient purpose

Carries

An imitation firearm

94
Q

Section 14

Search and Surveillance Act 2012

A

Grants any constable warrantless entry if they suspect there is an emergency or crime in process that would injure any person or cause serious damage to any property.

95
Q

What do you say when you need to detain someone for an Evidential Breath Test?

A

I now require you to accompany me to the XXXXX Police Station [or other such place] for the purpose of an evidential breath test, blood test or both.

96
Q

Types of Proximate?

A

ULTIMATE

In the Act

PENTULTIMATE

One step away from the ultimate

ANTIPENTULTIMATE

Two steps away from the ultimate

97
Q

What is the paramount principle of the Oranga Tamariki Act 1989?

A

The welfare and best interests of the child or young person shall be the first and paramount consideration

98
Q

Minor Drinking in a Public Place

Section 38(3)(a)

Summary Offences Act 1981

A
  1. Minor
  2. Drinks
  3. Alcohol
  4. In a public Place
  5. While not accompanied by his or her parent or legal guardian
99
Q

Receiving

Section 246

Crimes Act 1961

A

Receiving

Any property stolen or any property obtained by any other imprisonable offence

Knowing that property to have been stolen or so obtained or being reckless as to whether the property had been stolen or so obtained

100
Q

What lawful reasons can minors have for being within a restricted place within an ON LICENSE

A

Doing work that does not include the sale of alcohol, such as cleaning, repairing doing stocktaking or preparing meals

101
Q

Alcohol Offences on Public Transport

Section 38(1)

Summary Offences Act 1981

A

Any Person

Drinks

Or supplies or offers to supply

Or has possesion for consumption therein

Alcohol

In or on Public Transport

102
Q

Dischargin without Reasonable Cause

Section 48(a) OR Section 48(b)

Arms Act 1983

A

Without Reasonable Cause

Discharges

Firearm OR Airgun OR Pistol OR Restricted weapon

In or near a dwelling house OR in or near a public place

So as to endanger property OR so as to endager any person OR so as to annoy any person OR so as to frighten any person

103
Q

Section 11

Search and Surveillance Act 2012

A

Warrantless search of a person in police custody

104
Q

Presenting Anything

Section 52(2)

Arms Act 1983

A

Except for some lawful and sufficient purpose

Presents

At any other person

Anything

In the circumstances, is likely to lead that person to believe that it is a Firearm OR Airgun OR Pistol OR Restricted weapon

105
Q

What Information are Victims Entitled to under Section 12 Victim Rights Act 2012?

A

Progress of the investigation

Role of the victim

Outcome of the prosecution

Charges laid or reasons for charges not being laid

P.R.O.C

106
Q

Section 83

Search and Surveillance Act 2012

A

Enter a place after an arrest if you believe that evidential material is on that place

107
Q

Disorderly Behaviour (Likely to Cause Violence)

Summary Offences Act 1981

Section 3

A

In a public place or within view of a public place

Behaves in or invites or encourages any person to behave in

A riotous or offensive or threatening or insulting or disorderly manner

That is likely, in the circumstances, to cause violence against persons or property to start or continue

108
Q

EBA order of tests

A
  1. Passive
  2. Breath Screening Test
  3. Evidential Breath Test

and or

  1. Blood Test
109
Q

EBA

Rules for taking blood from a hospitalised person?

A

A person in medical care cannot object

110
Q
A
111
Q
A
112
Q
A
113
Q
A
114
Q
A
115
Q
A

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