Under section 113, LTA 1998, enforcement officers may enforce transport legislation…?
May at any time direct a person to give details when it may lead to the identification of the driver or person in charge of a vehicle, test and examine the vehicle, if it has caused an obstruction, move it, forbid an unlicensed driver and forbid to operate without a TSL.
Under section 114, LTA 1998, what powers do enforcement officers have?
Power to stop and require to remain stopped, give details on demand, state if they are the owner, and if not the owner, give the owners name and address and anything else that may identify the owner.
Max 15 mins to establish ID.
Longer if offence identified.
Can K9 for failing to oblige.
What power does Section 119, LTA 1998, give Police?
Police may enter if in fresh pursuit, a driver who has, refused to give details, driven dangerously or recklessly, or driven under the influence of drink or drug, to carry out EBA procedures or complete roadside procedures as if the person were sill in a vehicle on a road.
Section 120, LTA 1998, pertains to the arrest of persons for alcohol or drug related offences and assaulting an officer. What does it also include?
Arrest for not completing a CIT test in a satisfactory manner.
Section 121 - Enforcement officer may immobilise vehicle, etc, in specified circumstances? What are they?
Believes on reasonable grounds a driver is incapable of having proper control of a vehicle, or fails to undergo a CIT test.
Forbid for up to 12 hours for EBA unless satisfied there is a good reason for shorter.
Direct to drive to a location for rest or load to be rectified.
Take possession of all keys and immobilise vehicle.
Tell me about the case law around 114 where the constable just wanted to talk to a passenger and the vehicle failed to stop.
His honour went on to say that as the constables were not concerned with any
aspect of the Transport Act but simply wished to talk to the passenger of the vehicle
they could not rely on their power under s 66/114 to stop the vehicle.
Tell me about the case law where cannabis was smelt and found after police allowed the vehicle to travel for 3.8k and then stopped it using 114.
There is a general power to stop vehicles under s 121(1) of the Search and Surveillance Act 2012 for the purpose of conducting a statutory search if certain prerequisites are met. There is also a power to stop vehicles under s 9 of that Act for the purpose of arresting persons if they are unlawfully at large or have committed an offence punishable by imprisonment.
Staff must ensure that they are familiar with the requirements of these two provisions and their statutory search powers.
It is not lawful to use s 114 of the Land Transport Act 1998 to stop a vehicle for a purpose unrelated to traffic enforcement. Every vehicle stop must be able to be legally justified.
Staff must be clear in their minds what power they are using before stopping a vehicle.
Tell me about the case law where two plain clothes officers stopped and talked to suspects without being in uniform or using red and blues. The driver ran off and was charged with this and theft.
The Court held that the procedural requirements of what is now s 114 are not merely technical, and that the failure to observe the elementary requirements of the section meant that the stopping of the vehicle was unlawful, and was an arbitrary detention in breach of section 22 of the NZ Bill of Rights Act 1990. The evidence
resulting from the breach was therefore inadmissible, and both convictions would be quashed.
Tell me about the case law where the driver drove off and did not wait for the officer to do a QP and was arrested for failing to remain and failing to stop.
The Court agreed that the statements of principle to be found in Po and other cases: “.. support the proposition that the s 114 power to stop and require a driver to remain stopped may be exercised for reasons that go beyond the obtaining of information of the type referred to in s 114(3) and (5), so long as they are exercised for road transport purposes.”
“The existence or otherwise of any warrant for the arrest of the driver is another line of legitimate inquiry. There is no good reason why a person who is subject to a warrant for arrest for murder should escape detection because an enquiry about the existence of warrants is made after he or she is stopped under s 114. The fact that warrants arising out of road transport offending might exist is a good enough reason to allow inquiries to be made into the existence of any outstanding warrants.”
An enforcement officer who, as a result of inquiries, learns that a motorist is subject to any outstanding warrant may take appropriate action.
Tell me about the case law around section 119 when freshly pursing onto private property to breath test?
Section 119 LTA places upon the officer in such circumstances an inescapable duty to identify himself and to tell the person pursued and the occupant of the premises that the power of entry is being exercised under the section; the police failed to discharge that duty.
Tell me about Section 35, Policing Act 2008, the temporary closing of roads?
A constable may temporarily close to traffic any road, or part of a road, leading to or from or in the vicinity of a place, if the constable has reasonable cause to believe that—
(a) public disorder exists or is imminent at or near that place; or
(b) danger to a member of the public exists or may reasonably be expected at or near that place; or
(c) an offence punishable by 10 or more years’ imprisonment has been committed or discovered at or near that place.
Under Section 35, Policing Act 2008, the temporary closing of roads. What does temporary mean?
Temporarily means for a period that is reasonably necessary in the circumstances.
Under Section 35, Policing Act 2008, the temporary closing of roads. What does traffuc mean?
Traffic means all or any specified type of traffic (including pedestrian traffic).