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1
Q

Oranga Tamariki Act 1989

Age of Child

A

Under 14 years

2
Q

Oranga Tamariki Act 1989

Age of Young Person

A

Over 14 years and under 18 years

3
Q

Section 39 - Place of Safety Warrants

A

Place of safety warrants

(1) Any District Court Judge or, if no District Court Judge is available, any issuing officer who, on application in writing, is satisfied that there are reasonable grounds for suspecting that a CYP is suffering, or is likely to suffer, ill-treatment, neglect, deprivation, abuse, or harm may issue a warrant authorising any constable, either by name or generally, or the chief executive, to search for the child or young person.
(3) Any person executing a warrant to search for any child or young person may—
(a) enter and search, by force if necessary, any dwellinghouse, building, aircraft, ship, carriage, vehicle, premises or place:
(b) if that person believes, on reasonable grounds, that the child or young person has suffered, or is likely to suffer, ill-treatment, serious neglect, abuse, serious deprivation, or serious harm,—
(i) remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive; or
(ii) where the child or young person is in a hospital, direct the medical superintendent of that hospital to keep that child or young person in that hospital.

4
Q

Section 42 - Search Without Warrant

A

Search without warrant

(1) Any constable who believes on reasonable grounds that it is critically necessary to protect a child or young person from injury or death may, without warrant,—
(a) enter and search, by force if necessary, any dwellinghouse etc.
(b) remove or detain, by force if necessary, the child or young person and place the child or young person in the custody of the chief executive.
(2) Every constable who exercises any powers shall, on first entering any dwellinghouse etc. and if requested, at any subsequent time,—
(a) produce evidence of identity; and
(b) disclose that those powers are being exercised under this section.
(3) A constable who exercises the power shall, within 3 days after the day on which the power is exercised, forward to the Commissioner report on the exercise of the power and the circumstances in which it came to be exercised.

5
Q

Section 48 - Unaccompanied CYP

A

Unaccompanied children and young persons
(1) Where a CYP is found unaccompanied by a parent or guardian or other person who usually has the care of the CYP in a situation in which the CYP’s physical or mental health is being, or is likely to be, impaired, a constable may, using such force as may reasonably be necessary, take the CYP and—
(a) with the consent of the CYP, deliver the CYP into the custody of a parent or guardian or other person usually having the care of the CP; or
(b) if—
(i) the CYP does not wish to be returned to a parent or guardian or other person having care of the CYP; or
(ii) no parent or guardian or other such person is willing or able to have custody of the CYP,—
place the CYP in the custody of the the chief executive by delivering the CYP to a social worker.
(2) Placement of a CYP in the custody of the chief executive shall be sufficient authority for the detention of the CYP by the delegate or in a residence under this Act until—
(a) the CYP agrees to being returned to a parent or guardian or other person usually having the care of the child or young person who is willing to have them; or
(b) an application is made to the court for a care or protection order and the CYP is brought before the court for the purpose of determining whether the CYP is to be held in custody pending the disposal of the application; or
(c) where the circumstances of the case indicate that the CYP is, or may be, in need of care or protection, the expiry of 5 days after the day on which the CYP was placed in custody, or in any other case, 3 days after that date—
whichever first occurs.

6
Q

Section 208 - Principles

A

In addition to the 4 primary considerations, the court or person must be guided by the following principles:

(a) that, unless the public interest requires otherwise, criminal proceedings should not be instituted against a child or young person if there is an alternative means of dealing with the matter:
(b) that criminal proceedings should not be instituted against a child or young person in order to provide any assistance or services needed to advance the well-being of the child or young person, or their family, whānau, hapū, or family group:
(c) that any measures for dealing with offending by children or young persons should be designed—
(i) to strengthen the family, whanau, hapu, iwi, and family group of the child or young person concerned; and
(ii) to foster the ability of families, whanau, hapu, iwi, and family groups to develop their own means of dealing with offending by their children and young persons:
(d) that a child or young person who commits an offence or is alleged to have committed an offence should be kept in the community so far as that is practicable and consonant with the need to ensure the safety of the public:
(e) that a child’s or young person’s age is a mitigating factor in determining—
(i) whether or not to impose sanctions in respect of offending by a child or young person; and
(ii) the nature of any such sanctions:
(f) that any sanctions imposed on a child or young person who commits an offence should—
(i) take the form most likely to maintain and promote the development of the child or young person within their family, whanau, hapu, and family group; and
(ii) take the least restrictive form that is appropriate in the circumstances:
(fa) that any measures for dealing with offending by a child or young person should so far as it is practicable to do so address the causes underlying the child’s or young person’s offending:
(g) that—
(i) in the determination of measures for dealing with offending by children or young persons, consideration should be given to the interests and views of any victims of the offending (for example, by encouraging the victims to participate in the processes under this Part for dealing with offending); and
(ii) any measures should have proper regard for the interests of any victims of the offending and the impact of the offending on them:
(h) that the vulnerability of children and young persons entitles a child or young person to special protection during any investigation relating to the commission or possible commission of an offence by that child or young person.

In relation to resolving offending;

(a) the principle that reasonable and practical measures or assistance should be taken or provided to support the child or young person to prevent or reduce offending or reoffending; and
(b) the principle that the child or young person should be referred to care, protection, or well-being services under this Act, if those services would be of benefit to them.

7
Q

What are the 4 primary considerations?

A

(a) the well-being and best interests of the child or young person; and
(b) the public interest (which includes public safety); and
(c) the interests of any victim; and
(d) the accountability of the CYP for their behaviour

8
Q

Section 214 - Arrest of CYP without warrant

A

Arrest of CYP without warrant

(1) Where, under any enactment, any enforcement officer has a power of arrest without warrant, that officer shall not arrest a CYP pursuant to that power unless that officer is satisfied, on reasonable grounds,—
(a) that it is necessary to arrest that CYP without warrant for the purpose of—
(i) ensuring the appearance of the CYP before the court; or
(ii) preventing that CYP from committing further offences; or
(iii) preventing the loss or destruction of evidence relating to an offence committed by the CYP or an offence that the enforcement officer has reasonable cause to suspect that CYP of having committed, or preventing interference with any witness in respect of any such offence; and
(b) where the CYP may be proceeded against by way of summons, that proceeding by way of summons would not achieve that purpose.

9
Q

When can Police arrest a CYP under any circumstances?

A

(a) the constable has reasonable cause to suspect that the CYP has committed a category 4 offence or category 3 offence for which the maximum penalty available is or includes imprisonment for life or for at least 14 years; and
(b) the constable believes, on reasonable grounds, that the arrest of the CYP is required in the public interest.

10
Q

Every enforcement officer who arrests a child or young person without warrant shall, within 3 days of making the arrest, furnish a written report to …

A

(a) where that enforcement officer is a constable, to the Commissioner of Police:

11
Q

Section 214 - Arrest of CYP in breach of bail conditions

A

Arrest of CYP in breach of bail condition
A constable may arrest a CYP without a warrant if—
(a) the CYP has been released on bail; and
(b) the constable believes, on RG, that—
(i) the CYP has breached a condition of that bail; and
(ii) the CYP has on 2 or more previous occasions breached a condition of that bail (whether or not the same condition).

12
Q

Section 215 - CYP to be informed of rights before questioned by enforcement officer

A

Every enforcement officer shall, before questioning any CYP whom there are RGTS of having committed an offence, or before asking any CYP any question intended to obtain an admission of an offence, explain to that CYP—

(a) that the CYP may be arrested if, by refusing to give their name and address to the enforcement officer, the CYP cannot be served with a summons; and
(b) that the CYP is not obliged to accompany the enforcement officer to any place for the purpose of being questioned, and that if the CYP consents to do so, the CYP may withdraw consent at any time; and
(c) that the CYP is under no obligation to make or give any statement; and
(d) that if the CYP consents to make or give a statement, the CYP may withdraw that consent at any time; and
(e) that any statement made or given may be used in evidence in any proceedings; and
(f) that the CYP is entitled to consult with, and make or give any statement in the presence of, a barrister or solicitor and any person nominated by the CYP

13
Q

Section 215A - Rights to be explained to CYP on request

A

where –
(a) Any enforcement officer is questioning any CYP in relation to that CYP’s involvement in the commission of any offence or suspected offence; and
(b) That CYP makes any enquiry of that enforcement officer, being an enquiry that relates (in whole or in part), or that may reasonably be taken as relating
(in whole or in part), to any of the matters set out in any of paragraphs (a) to (f) of section 215(1) of this Act, –
that enforcement officer shall explain to that CYP such of those matters as, in the circumstances of the particular case, are appropriate to the enquiry that was made.

14
Q

Section 216 - Enforcement officer to explain rights to CYP who is charged with offence

A

Where –
(a) An enforcement officer is questioning a CYP in relation to the commission or possible commission of an offence by that CYP; and
(b) That enforcement officer [decides] to charge that CYP with an offence, –
the enforcement officer shall explain to that child or young person –
(c) Except where the CYP is under arrest, the matters specified in paragraphs (a) and (b) of section 215(1) of this Act; and
(d) The matters specified in paragraphs (c) to (f) of section 215(1) of this Act.

15
Q

Section 217 – Rights to be explained to child or young

person who is arrested

A

Every enforcement officer shall, on arresting
any CYP pursuant to section 214 of this Act, explain to that CYP the matters specified in paragraphs (c) to (f) of section 215(1) of this Act.

16
Q

Section 218 – Explanations to be given in manner and

language appropriate to age and level of understanding of child or young person

A

Every explanation required to be given to a CYP shall be given in a manner and in language that is appropriate to the age and level of understanding of the CYP

17
Q

Section 219 – Explanations not required if child or young person already informed of rights

A

Nothing requires any explanation to be given to a CYP if the same explanation has been given to the CYP not earlier than 1 hour before the later explanation would, apart from this section, be required to be given.

18
Q

Section 221 – Admissibility of statements made by children and young persons

A

(1) This section applies to –
(a) Every CYP who is being questioned
(b) Every child or young person –
(i) Who has been arrested or
(ii) Whom any enforcement officer has [decided] to charge with the commission of an offence; or
(iii) Who has been detained in the custody of an enforcement officer following arrest pursuant to section 214 of this Act
(2) No oral or written statement made or given to any enforcement officer by a CYP to whom this section applies is admissible in evidence in any proceedings
against that CYP for an offence unless –
(a) Before the statement was made or given, the enforcement officer has explained in a manner and in language that is appropriate to the age and level
of understanding of the child or young person, –
(i) Except when arrested, the matters specified in paragraphs (a) and (b) of section 215(1) and;
(ii) The matters specified in paragraphs (c) to (f) of section 215(1) of this Act; and
(b) Where the CYP wishes to consult with a barrister or solicitor and any person nominated by that CYP in accordance with section 222 of this Act, or either of those persons, before making or giving the statement, the CYP consults with those persons or, as the
case requires, that person; and
(c) The CYP makes or gives the statement in the presence of one or more of the following persons:
(i) A barrister or solicitor:
(ii) Any person nominated by the child or young person in accordance with section 222 of this Act:
(iii) Where the CYP refuses or fails to nominate any person in accordance with section 222 of this Act, –
(A) Any person referred to in paragraph (a) or paragraph (b) of section 222(1) of this Act; or
(B) Any other adult (not being an enforcement officer).

19
Q

Section 222 – Persons who may be nominated for the purposes of section 221(2)(b) or (c)

A

A CYP may nominate one of the following persons for the purposes of section 221(2)(b) or (c) of this Act:
(a) A parent or guardian of the child or young person:
(b) An adult member of the family, whanau, or family group of the child or young person:
(c) Any other adult selected by the CYP:
(d) If the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c) of this subsection, any adult (not being an
enforcement officer) nominated for the purpose by an enforcement officer.

20
Q

Duties of nominated person

A

(4) It is the duty of any person nominated pursuant to subsection (1) of this section –
(a) To take reasonable steps to ensure that the CYP understands the matters explained to the CYP under section 221(2)(a) of this Act; and
(b) To support the CYP –
(i) Before and during any questioning; and
(ii) If the child or young person agrees to make or give any statement,
during the making or giving of the statement.

21
Q

When nominated person is not appropriate..?

A

(2) Where an enforcement officer believes, on reasonable grounds, that any person nominated by a CYP pursuant to subsection (1)(a) or (b) or (c) of
this section, –
(a) would attempt, or would be likely to attempt, to pervert the course of justice; or
(b) Cannot with reasonable diligence be located, or will not be available within a period of time that is reasonable in the circumstances, –
that enforcement officer may refuse to allow the CYP to consult with that person.
(3) Where, pursuant to subsection (2) of this section, a CYP is not permitted to consult with a person nominated by that CYP pursuant to subsection (1) of this section, that CYP shall be permitted to consult with any other person nominated by that CYP pursuant to subsection (1) of this section.

22
Q

Section 223 – Section 221 not to apply where statement made before requirements of that section can be met

A

Nothing in section 221 of this Act applies to an oral statement made by a CYP spontaneously and before enforcement officer has had a reasonable opportunity to comply with the requirements of that section.

23
Q

Section 229 – Parents or guardians or other persons
to be informed where CYP at enforcement agency office for questioning in relation to commission or
possible commission of offence or is arrested

A

an enforcement officer shall, in relation to any CYP who is at an enforcement agency office for questioning
in relation to the commission or possible commission of an offence by that CYP, or who is at an enforcement agency office following arrest, as soon as practicable after the CYP arrives at the enforcement agency office
for questioning, or is taken to the enforcement agency office following arrest, or in the case of a CYP who is arrested at an enforcement agency office, is arrested, as the case may be, –
(a) Inform a person nominated by the CYP in accordance with section 231 of this Act that the CYP is at the enforcement agency office for questioning or has been arrested and that the CYP may be visited at the enforcement agency office; and
(b) Where –
(i) The person nominated by the CYP for the purposes of paragraph (a) of this subsection is not a parent or guardian or other person having the care of the child or young person; or
(ii) The child or young person refuses or fails to nominate any person in accordance with section 231 of this Act, – unless it is impracticable to do so, inform the parents or guardians or other persons having the care of the child or young person that the child or young person is at the enforcement agency office for questioning or has been arrested.

24
Q

What can a parent/guardian informed of arrest of CYP do?

A

Every person who is informed that a CYP has been taken to an enforcement agency office or arrested –
(a) Is entitled to visit that CYP at the enforcement agency office; and
(b) Shall, as soon as practicable after that person arrives at the enforcement agency office to visit the child or young person, have explained to [that
person] by an enforcement officer, in language that can be understood by that person, the matters specified in paragraphs (c) to (f) of section 215(1) of this
Act; and
(c) Subject to subsection (3) of this section, is entitled to consult privately with that CYP during that visit.
(3) Nothing in subsection (2)(c) of this section entitles any person to consult privately with a CYP (being a child or young person who has been arrested) –
(a) In the absence of any enforcement officer who is for the time being guarding that CYP; or
(b) Otherwise than subject to such reasonable conditions as may be necessary to ensure the safety of the CYP or to prevent the commission of any offence.

25
Q

Section 231 – Persons who may be nominated for

the purposes of section 229(1)(a)

A

A CYP may nominate one of the following persons for the purposes of section 229(1)(a) of this Act:
(a) A parent or guardian of the child or young person:
(b) An adult member of the family, whanau, or family group of the child or young person
(c) Any other adult selected by the child or young person:
(d) If the child or young person refuses or fails to nominate any person referred to in any of paragraphs (a) to (c) of this subsection, any adult (not being an enforcement officer) nominated for the purpose by an
enforcement officer

Where an enforcement officer believes, on reasonable grounds, that any person nominated by a child or young person pursuant to subsection (1)(a) or (b) or (c) of this section, if permitted to visit the child or young person pursuant to section 229(2)(a) of this Act, would attempt, or would be likely to attempt, to pervert the
course of justice, that enforcement officer may refuse to allow that person to visit the child or young person.

26
Q

Section 233 – Breath-alcohol and bloodalcohol provisions of Land Transport Act 1998 not affected

A

Nothing in the provisions of sections 214 to 232 limits or affects the powers of an enforcement officer under any of the provisions of sections 68 to 72 of the Land Transport Act 1998.

27
Q

Section 234 – Custody of child or young person following arrest

A

Subject to sections 235, 236, and 244 of this Act, where a CYP is arrested, a constable shall—

(a) Release the child or young person; or
(b) Where the CYP may be released on bail, release the CYP on bail; or
(c) Deliver the CYP into the custody of—
(i) Any parent or guardian or other person having the care of the child or young person; or
(ii) With the agreement of the CYP, any Iwi Social Service or Cultural Social Service; or
(iii) With the agreement of the CYP, any other person or organisation approved by the chief executive or a constable for the purpose.

28
Q

Section 235 - Child or young person who is arrested may be placed in custody of chief executive

A

A constable, in relation to any CYP who has been arrested and if subsection (1A) applies,—
(a) must place the CYP in the custody of the chief executive in accordance with subsection (2); and
(b) must do so as soon as practicable and not later than 24 hours after the arrest.
(1A) This subsection applies if –
(a) the constable believes, on reasonable grounds, that —
(i) the child or young person is not likely to appear before the court; or
(ii) the child or young person may commit further offences; or
(iii) it is necessary to prevent —
(A) the loss or destruction of evidence relating to an offence committed by the CYP or an offence that the constable has reasonable cause to suspect the CYP of having committed; or
(B) interference with any witness in respect of any such offence; or
(b) the CYPn has been arrested under section 214A and is likely to continue to breach any condition of bail.
(2) A CYP shall be placed in the custody of the [chief executive] pursuant to this section by—
(a) Delivering the CYP to [the chief executive (acting through his or her delegate)]; and
(b) Presenting to the [delegate], on the prescribed form, details relating to—
(i) The identity of the child or young person; and
(ii) The circumstances of the arrest of the CYP; and
(iii) The date and time of the intended appearance of the CYP before the Court having jurisdiction in the matter in relation to which the CYP was arrested.
(3) Placement of a child or young person in the custody of the chief executive under subsection (1) shall be sufficient authority for the detention of the child or young person by [a delegate] or in a residence under this Act, or under the care of any suitable person approved by a [delegate].
(4) No constable shall exercise the power conferred by subsection (1) merely because the constable believes that any child or young person is in need of care or protection (as defined in section 14 of this Act).

29
Q

Section 236 - Young person who is arrested may be

detained in Police custody

A

Where [the chief executive (acting through his or her
delegate)] and a constable, being a senior sergeant or a constable who is of or above the level of position of inspector, are satisfied on reasonable grounds—
(a) That a young person who has been arrested is likely to abscond or be violent; and
(b) That suitable facilities for the detention in safe custody of that young person are not available to the chief executive,—
the young person may, on the joint certificate in the prescribed form of [the delegate] and that constable, be detained in Police custody for a period exceeding 24 hours and until appearance before the Court.
(2) [If a joint certificate is issued]under subsection (1) there shall, within 5 days after the day on which the certificate is issued, be furnished by [the delegate] to the chief executive and by the constable to the Commissioner of Police—
(a) A copy of the certificate; and
(b) A written report stating—
(i) The circumstances in which the certificate came to be issued; and
(ii) The duration of the period for which the young person has been
detained, or is likely to be detained, in Police custody.
[(3) Any delegation by the chief executive of a function or power under this section must be made to a senior employee or senior employees of the department.]

30
Q

Family Harm Principles

A
Early intervention
Culturally Appropriate
Safety
Collecting risk information
Accountability
Working Collaboratively
31
Q

What may corroborate a family violence allegations?

A
  • medical examinations
  • photographs of injuries
  • scene examination evidence
  • clothing
  • witness statements
  • 111 call
  • old FVIR
  • emails, text messages, phone records, bank records, internet browsing history
  • suspects statement
32
Q

What to do when considering what charge is appropriate?

A
  • do not minimize the violence that has occurred
  • ensure that an offender is charged and prosecuted in a way that reflects the essential nature of their offending
  • consider any continuing risk the offender poses to the victim.
33
Q

Who may approve the release of family violence offender on Police bail?

A

Supervisor of or above the position level of sergeant

34
Q

Who is a qualified constable for PSO?

A

Constable of or above the position level of sergeant. hey must hold the substantive position level or otherwise be formally appointed or authorized under s PA 2008 to the appropriate position level.

35
Q

Immediate effects of PSO - Bound Person required to:

A
  • surrender any weapon in their control or any firearms license held to a constable
  • vacate any land or building occupied by a person at risk regardless of whether they have equitable or legal interest in it
  • provide a cooling down period where the person at risk has time and space to seek support and assistance (as does the bound person), including applying for a temporary protection order.
36
Q

Longer effects of PSO

A

Bound person can not

  • engage in behavior that amounts to any form of family violence against a person at risk.
  • make any contact with a person at risk that is not authorized
  • encourage any person to engage in behavior against or to make contact with a person at risk, if the behavior engaged in or contact would be prohibited by the order
37
Q

When is contact by bound person authorized?

A
  • reasonably necessary in an emergency
  • permitted under any special condition of any relevant protection order
  • necessary in order to attend a FGC
  • necessary to attend a proceeding before a Court or person acting judicially or to attend to any matter associated with such a proceeding which would be jointly attended.
38
Q

When can a qualified constable issue a PSO?

A

When they have RGTB that the issue of an order is necessary to help make the person at risk safe from family violence.

39
Q

PSO age limit

A

16 and over

40
Q

Factors to consider when issuing a PSO

A
  • whether it is likely that the person posing risk has is or will inflict family violence against the person at risk ,or nay other person with whom the person posing risk has a family relationship
  • the welfare of the children residing with the person at risk
  • the hardship that may be caused if an order is issued
  • any other matter that may be relevant
41
Q

Maximum PSO time

A

10 days

42
Q

What about PSO for longer than 5 days?

A

There must be a likelihood of serious harm occurring, where a related order is being sought or where a victim relocation is being sought.

43
Q

When you are unable to serve the PSO, how long do you have?

A

48 hours to serve from time of issue.

44
Q

When a person has breached PSO but absconded - how long do you have to bring them before the Court?

A

one month from day of breach

45
Q

What can Court do when a person is bought in to custody for breach of PSO?

A
  • continue with existing order
  • if not expired - direct another order be issued not exceeding 10 days
  • if it has expired - direct that another order is issued
  • adjourn proceedings so that the Judge can consider whether a protection order should be issued.
46
Q

When can PSO be issued to 16 or 17 year old?

A

In special circumstances

47
Q

4 reasons for PSO to be served of 16 or 17 years old?

A
  • RGTB that issue of an order is necessary to help make person at risk safe from family violence
  • total level of concern in OnDuty is High
  • Approval from Senior Sergeant or above is obtained
  • That Senior Sergeant has consulted with OT
48
Q

Section 9 - Meaning of family violence

A

Meaning of family violence

(1) In this Act, family violence, in relation to a person, means violence inflicted—
(a) against that person; and
(b) by any other person with whom that person is, or has been, in a family relationship.
(2) In this section, violence means all or any of the following:
(a) physical abuse:
(b) sexual abuse:
(c) psychological abuse.
(3) Violence against a person includes a pattern of behaviour (done, for example, to isolate from family members or friends) that is made up of a number of acts that are all or any of physical abuse, sexual abuse, and psychological abuse, and that may have 1 or both of the following features:
(a) it is coercive or controlling (because it is done against the person to coerce or control, or with the effect of coercing or controlling, the person):
(b) it causes the person, or may cause the person, cumulative harm.
(4) Violence against a person may be dowry-related violence (that is, violence that arises solely or in part from concerns about whether, how, or how much any gifts, goods, money, other property, or other benefits are—
(a) given to or for a party to a marriage or proposed marriage; and
(b) received by or for the other party to the marriage or proposed marriage).

49
Q

Section 12 - Meaning of family relationship general

A

Meaning of family relationship: general
For the purposes of this Act, a person (A) is in a family relationship with another person (B) if A—
(a) is a spouse or partner of B; or
(b) is a family member of B; or
(c) ordinarily shares a household with B (see also section 13); or
(d) has a close personal relationship with B (see also section 14).

50
Q

Section 13 - Meaning of family relationship sharing household

A

For the purposes of section 12(c), a person (A) is not regarded as sharing a household with another person (B) by reason only of the fact that—

(a) A has, with B,—
(i) a landlord-tenant relationship; or
(ii) an employer-employee relationship; or
(iii) an employee-employee relationship; and
(b) A and B occupy a common dwellinghouse (whether or not other people also occupy that dwellinghouse).

51
Q

Section 14 - Meaning of family relationship close personal relationship

A

A person (A) is not regarded as having a close personal relationship with another person (B) under section 12(d) by reason only of the fact that A has, with B,—

(a) an employer-employee relationship; or
(b) an employee-employee relationship.
(2) A person (A) is not prevented from having a close personal relationship with another person (B) under section 12(d) by reason only of the fact that A has, with B, a recipient of care-carer relationship.
(3) In determining whether a person (A) has a close personal relationship with another person (B) under section 12(d), the court must have regard to—
(a) the nature and intensity of the relationship, and in particular—
(i) the amount of time A and B spend together:
(ii) the place or places where that time is ordinarily spent:
(iii) the manner in which that time is ordinarily spent:
(b) the duration of the relationship.
(4) Despite subsection (3)(a), it is not necessary for a person (A) to have a sexual relationship with another person (B) in order for A to have a close personal relationship with B.
(5) Subsections (2), (3), and (4) do not limit the matters to which a court may have regard in determining, under section 12(d), whether a person has a close personal relationship with another person.

52
Q

Section 79 - Requirements for making Protection Order application

A

Requirements for making of protection order
The court may make a protection order if it is satisfied that—
(a) the respondent has inflicted, or is inflicting, family violence against the applicant, or a child of the applicant’s family, or both; and
(b) the making of an order is necessary for the protection of the applicant, a child of the applicant’s family, or both.

53
Q

Section 86 - Protection of people other than applicant: child of applicant’s family

A

(1) A protection order applies for the benefit of any child of the applicant’s family.
(2) A protection order continues to apply for the benefit of a child of the applicant’s family until—
(a) the child is no longer a child of the applicant’s family; or
(b) the order sooner lapses or is discharged.
(3) If a child of the applicant’s family has become an adult child (because that child of the applicant’s family, having attained the age of 18 years, continues to ordinarily or periodically reside with the applicant), a protection order continues to apply for the benefit of the adult child until—
(a) the adult child ceases to ordinarily or periodically reside with the applicant; or
(b) the order sooner lapses or is discharged.

54
Q

Basic principles when offenders are armed?

A
  • conduct ongoing TENR
  • it is better to take the matter too seriously than too lightly
  • caution is not cowardice
  • when the offenders actions permit, focus on de-escalation, communication and prevention. Cordon the area and adopt the wait and appeal role in order to negotiate surrender
  • Never go unnecessarily in to danger. However f the offender is actin in a way that makes casualties likely the Police must act immediately to prevent this
  • treat all armed offenders as dangerous and hostile unless there is definitive evidence to the contrary
  • where practical police should not use a firearm unless it can be done without endangering other persons.
55
Q

Unintentional discharge may occur through -

A
  • operator error

- mechanical error

56
Q

Who is qualified to verify death?

A
  • registered medical practitioner
  • nurse - practioner, registered or enrolled
  • registered midwife
  • intensive care paramedic
  • paramedic
  • emergency medical technician
57
Q

Section 36 - Care and protection of intoxicated people

A

(1) A constable who finds a person intoxicated in a public place, or intoxicated while trespassing on private property, may detain and take the person into custody if—
(a) the constable reasonably believes that the person is—
(i) incapable of protecting himself or herself from physical harm; or
(ii) likely to cause physical harm to another person; or
(iii) likely to cause significant damage to any property; and
(b) the constable is satisfied it is not reasonably practicable to provide for the person’s care and protection by—
(i) taking the person to his or her place of residence; or
(ii) taking the person to a temporary shelter.
(2) A person detained under subsection (1)—
(a) must be released as soon as the person ceases to be intoxicated:
(b) must not be detained longer than 12 hours after the person is first detained, unless a health practitioner recommends that the person be further detained for a period not exceeding 12 hours.
(3) A health practitioner must not recommend the further detention of a person detained under subsection (1) unless the health practitioner satisfies himself or herself that—
(a) the person remains intoxicated and is incapable of protecting himself or herself from physical harm; and
(b) the person does not have health needs that may require medical attention; and
(c) it is not reasonably practicable to provide for the person’s continuing care and protection by—
(i) taking the person to his or her place of residence; or
(ii) taking the person to a temporary shelter.
(4) In this section,—
intoxicated means observably affected by alcohol, other drugs, or substances to such a degree that speech, balance, co-ordination, or behaviour is clearly impaired
temporary shelter means a place (other than a place operated by the Police) that is capable of providing for the care and protection of an intoxicated person.
(5) Section 31 of the Crimes Act 1961 applies in respect of the power to detain and take a person into custody under this section as if the power were a power of arrest.

58
Q

VRA - Define immediate family

A

(a) means a member of the victim’s family, whanau, or other culturally recognised family group, who is in a close relationship with the victim at the time of the offence; and
(b) to avoid doubt, includes a person who is—
(i) the victim’s spouse, civil union partner, or de facto partner; or
(ii) the victim’s child or step-child; or
(iii) the victim’s brother or sister or step-brother or step-sister; or
(iv) a parent or step-parent of the victim; or
(v) a grandparent of the victim

59
Q

VRA - Define incapable

A

(a) means that the person—
(i) lacks, wholly or partly, the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare; or
(ii) has the capacity to understand the nature, and to foresee the consequences, of decisions in respect of matters relating to his or her personal care and welfare, but wholly lacks the capacity to communicate decisions in respect of matters of that kind; and
(b) includes the person being in a state of continuing unconsciousness

60
Q

VRA - Define victim

A

(a) means—
(i) a person against whom an offence is committed by another person; and
(ii) a person who, through, or by means of, an offence committed by another person, suffers physical injury, or loss of, or damage to, property; and
(iii) a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i) or subparagraph (ii), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(iv) a member of the immediate family of a person who, as a result of an offence committed by another person, dies or is incapable, unless that member is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(b) for the purposes only of sections 7 and 8, includes—
(i) a person who, through, or by means of, an offence committed by another person, suffers any form of emotional harm; and
(ii) a parent or legal guardian of a child, or of a young person, who falls within subparagraph (i), unless that parent or guardian is charged with the commission of, or convicted or found guilty of, or pleads guilty to, the offence concerned; and
(iii) a person who has experienced family violence; and
(iv) a child or young person residing with a person who falls within subparagraph (iii); and
(c) despite paragraphs (a) and (b), if an offence is committed by a person, does not include another person charged (whether as a principal or party or accessory after the fact or otherwise) with the commission of, or convicted or found guilty of, or who pleads guilty to,—
(i) that offence; or
(ii) an offence relating to the same incident or series of incidents as that crime or offence

61
Q

Section 7 - VRA Treatment

A

Any person who deals with a victim (for example, a judicial officer, lawyer, member of court staff, Police employee, probation officer, or member of the New Zealand Parole Board) should—

(a) treat the victim with courtesy and compassion; and
(b) respect the victim’s dignity and privacy.

62
Q

Section 8 - VRA Access to services

A

A victim or member of a victim’s family who has welfare, health, counselling, medical, or legal needs arising from the offence should have access to services that are responsive to those needs.

63
Q

Section 11 - VRA information about programmes, remedies and services

A

(1) A victim must, as soon as practicable after the victim comes into contact with an agency, be given information by the personnel of the agency about programmes, remedies, or services available to the victim through the agency.
(2) In this section,—
agency means—
(a) the Accident Compensation Corporation:
(b) a DHB (as defined in section 6(1) of the New Zealand Public Health and Disability Act 2000):
(c) the Department of Corrections:
(d) the Ministry of Justice:
(e) the Ministry of Social Development:
(f) the New Zealand Police
services includes participation in restorative justice processes.
(3) Nothing in this section prevents information of a kind that, under this section, must be given to a victim of an offence, from also being given to any other person (for example, to a person who was disadvantaged by the offence).

64
Q

Section 12 - VRA Information about proceedings

A

(1) A victim must, as soon as practicable, be given information by investigating authorities or, as the case requires, by members of court staff, or the prosecutor, about the following matters:
(a) the progress of the investigation of the offence:
(b) the charges laid or reasons for not laying charges, and all changes to the charges laid:
(c) the victim’s role as a witness in the prosecution of the offence:
(ca) the possibility (if any) of the court making an order prohibiting the publication of identifying information about the victim, and the steps that the victim may take in relation to the making of that order:
(d) the date and place of each event listed in subsection (2):
(e) the outcome of the prosecution of the offence (and of any proceedings on appeal), for example—
(i) any plea of guilty or conviction entered, and sentence imposed or substituted; or
(ii) any finding that an accused is unfit to stand trial; or
(iii) any finding that the charge was not proved; or
(iv) any acquittal or deemed acquittal; or
(v) any grant of free pardon.
(2) The events referred to in subsection (1)(d) are—
(a) the first appearance in court, in connection with the offence, of the person accused of the offence:
(b) any preliminary hearing relating to the offence:
(c) any trial relating to the offence:
(d) any hearings set down for sentencing for the offence:
(e) any hearings of appeals (if any) against conviction of the offence, or against the sentence imposed, or to be imposed, for the offence, or both:
(f) any hearing of a question of conviction or sentence referred by the Governor-General under section 406(a) of the Crimes Act 1961 and any hearing of an appeal against the determination of that question.
(3) Nothing in this section prevents information of a kind that, under this section, must be given to a victim of an offence, from also being given to any other person (for example, to a person who was disadvantaged by the offence).
(4) In this section, investigating authorities means persons or bodies investigating the offence in the performance or exercise of their official functions, powers, or duties; but does not include a person exercising or performing functions, powers, or duties of a probation officer under any enactment.

65
Q

Define VIS

A

In sections 17AB to 27, victim impact statement—
(a) means information that—
(i) is ascertained under section 17 from—
(A) a victim; or
(B) a person who, under section 20, is treated as a victim; and
(ii) is to be, or has been, submitted—
(A) under section 21AA, on request, to a judicial officer for the purpose of giving the accused a sentence indication:
(B) under section 21 to the judicial officer sentencing the offender; and
(b) includes any recording, summary, transcript, or other copy of that information.
(2) In this section, information may include any photographs, drawings, or other visual representations provided by the victim.

66
Q

Purpose of VIS

A

The purpose of a victim impact statement is to—

(a) enable the victim to provide information to the court about the effects of the offending; and
(b) assist the court in understanding the victim’s views about the offending; and
(c) inform the offender about the impact of the offending from the victim’s perspective.

67
Q

Information in VIS

A

(1) The prosecutor must make all reasonable efforts to ensure that information about the matters specified in subsection (2) is ascertained from the victim.
(2) The matters referred to in subsection (1) are—
(a) any physical injury or emotional harm suffered by the victim through, or by means of, the offence; and
(b) any loss of, or damage to, property suffered by the victim through, or by means of, the offence; and
(c) any other effects of the offence on the victim; and
(d) any other matter consistent with the purpose of victim impact statements set out in section 17AB.
(3) If a person is a victim in terms of paragraph (a)(iii) of the definition of victim in section 4, then a reference in subsection (2)(a) to (c) of this section to the victim includes a reference to the child or young person concerned.
(4) If a person is a victim in terms of paragraph (a)(iv) of the definition of victim in section 4 because a member of that person’s immediate family is incapable, then a reference in subsection (2)(a) to (c) of this section to the victim includes a reference to the incapable person concerned.

68
Q

Section 29 - VRA Specified Offence

A

In this Act, a specified offence is—

(a) an offence of a sexual nature specified in—
(i) Part 7 of the Crimes Act 1961, excluding the offences in sections 143 and 144; or
(ii) sections 216H to 216J of the Crimes Act 1961; or
(b) an offence of serious assault that does not come within paragraph (a); or
(c) an offence that has resulted in serious injury to a person, in the death of a person, or in a person becoming incapable; or
(d) an offence of another kind, and that has led to the victim having ongoing fears, on reasonable grounds,—
(i) for his or her physical safety or security; or
(ii) for the physical safety or security of 1 or more members of his or her immediate family.

69
Q

Who can a person complain to about victims rights?

A

The victim or person may complain to—

(a) the person who, under the relevant specified provisions, appears to be required to accord the victim or person the right:
(b) an Ombudsman, in accordance with the Ombudsmen Act 1975, if the person who, under the relevant specified provisions, appears to be required to accord the victim or person the right, may be the subject of a complaint under that Act:
(c) the Independent Police Conduct Authority, in accordance with the Independent Police Conduct Authority Act 1988, if the person who, under the relevant specified provisions, appears to be required to accord the victim or person the right, is a constable:
(d) the Privacy Commissioner, in accordance with the Privacy Act 1993, if the matter involves, or may involve, an action that is, or appears to be, an interference with the privacy of the victim or person.
(3) Any person who receives a complaint under subsection (2)(a) must deal with the complaint promptly and fairly

70
Q

Section 51 - Return of property held as evidence

A

Law enforcement agencies that hold property of a person (other than an offender) for evidentiary purposes must, to the extent that it is possible to do so, return it to the person as soon as practicable after they no longer need to hold it for those purposes.
(2) Subsection (1) does not apply to a law enforcement agency if the person advises that agency that he or she does not want the property returned.

71
Q

Define mental disorder

A

mental disorder, in relation to any person, means an abnormal state of mind (whether of a continuous or an intermittent nature), characterised by delusions, or by disorders of mood or perception or volition or cognition, of such a degree that it—
(a) poses a serious danger to the health or safety of that person or of others; or
(b) seriously diminishes the capacity of that person to take care of himself or herself;—
and mentally disordered, in relation to any such person, has a corresponding meaning

72
Q

Section 38 - Assistance when person may need assessment

A

(1) Anyone who believes that a person may be suffering from a mental disorder may at any time request the assistance of a duly authorised officer.
(2) The duly authorised officer who receives the request must—
(a) investigate the matter to the extent necessary to satisfy himself or herself—
(i) that the concern expressed by the maker of the request is genuine; and
(ii) that there are reasonable grounds for believing that the person to whom the request relates may be suffering from a mental disorder; and
(b) decide, on reasonable grounds, whether or not the person needs to have a medical examination urgently in the person’s own interests or the interests of any other person.
(3) If the duly authorised officer decides that the person needs to have a medical examination, but not urgently, he or she must—
(a) arrange, or assist in arranging, for a medical practitioner to examine the person with a view to issuing a certificate under section 8B(4)(b); and
(b) once such a certificate is issued, assist someone else to apply under section 8A for assessment of the person, or apply himself or herself if nobody else is willing to apply; and
(c) arrange for an assessment examination to be conducted under section 9.
(4) If the duly authorised officer decides that the person needs to have a medical examination urgently, he or she must—
(a) try to get a medical practitioner to come to the person to examine him or her with a view to issuing a certificate under section 8B(4)(b); and
(b) if a medical practitioner is available to come to the person, take all reasonable steps to ensure that the medical practitioner is able to examine the person, including calling for Police assistance under section 41; and
(c) if no medical practitioner is available to come to the person, try to get the person to go willingly to a medical practitioner; and
(d) if the person refuses to go willingly to a medical practitioner, take all reasonable steps to—
(i) take the person to a medical practitioner, including calling for Police assistance under section 41; and
(ii) ensure that the medical practitioner is able to examine the person, including calling for Police assistance under section 41; and
(e) once a certificate is issued under section 8B(4)(b), assist someone else to apply under section 8A for assessment of the person, or apply himself or herself if nobody else is willing to apply; and
(f) arrange for an assessment examination to be conducted under section 9.
(5) A duly authorised officer who receives a request need not comply with subsections (3)(a) or (4)(a) to (d) if that officer has available to him or her a certificate issued under section 8B(4)(b) by a medical practitioner who examined the person who is the subject of the request within the 72 hours before the receipt of the request.
(6) A medical practitioner doing an examination under subsections (3)(a) or (4)(b) or (d) need not issue another certificate if that medical practitioner has available to him or her a certificate issued under section 8B(4)(b) by a medical practitioner who examined the person who is the subject of the request within the 72 hours before the receipt of the request.

73
Q

Section 41 - Police assistance MHA 1992

A

(1) A duly authorised officer who is intending or attempting to do any thing specified in section 38(4)(b) or (d) or section 40(2) may call to his or her assistance a constable.
(2) A constable called to the assistance of a duly authorised officer for the purposes described in section 38(4)(b) or (d) or section 40(2)—
(a) may enter the premises where the person or proposed patient or patient is; and
(b) must, if that constable is not in uniform, produce to a person in actual occupation of the premises his or her badge or other evidence that he or she is a constable.
(3) A constable who enters premises under subsection (2) may, for the purposes of section 38(4)(b), detain the person where he or she is for the shorter of—
(a) 6 hours; and
(b) the time it takes to conduct the medical examination.
(4) A constable who enters premises under subsection (2) may, for the purposes of section 38(4)(d),—
(a) take the person to the place at which he or she is to have a medical examination; and
(b) detain the person at the place for the shorter of—
(i) 6 hours; and
(ii) the time it takes to conduct the medical examination.
(5) A constable who enters premises under subsection (2) may, for the purposes of section 40(2)(a),—
(a) take the proposed patient or patient to the place at which he or she is required to attend; and
(b) detain the proposed patient or patient at the place for the shorter of—
(i) 6 hours; and
(ii) the time it takes to conduct whichever of the following the proposed patient or patient was refusing to attend for:
(A) an assessment examination under section 9; or
(B) an assessment to which a notice given under section 11 or section 13 relates; or
(C) an examination to which a notice given under section 14A(3)(b) relates; or
(D) a review to which a notice given under section 76(1A) relates; or
(E) treatment in accordance with a community treatment order.
(6) A constable who enters premises under subsection (2) may, for the purposes of section 40(2)(b), take the patient back to the hospital.
(7) The constable must not exercise the power in subsection (2) without a warrant, if it would be reasonably practicable to obtain a warrant.

74
Q

Section 109 - Police powers in relation to person appearing to be mentally disordered in public place

A

(1) If any person is found wandering at large in any public place and acting in a manner that gives rise to a reasonable belief that he or she may be mentally disordered, any constable may, if he or she thinks that it would be desirable in the interests of the person or of the public to do so,—
(a) take that person to a Police station, hospital, or surgery, or to some other appropriate place; and
(b) arrange for a medical practitioner to examine the person at that place as soon as practicable.
(2) If the medical practitioner, having examined the person, does not consider that there are reasonable grounds for believing that the person may be mentally disordered, the person shall be released forthwith.
(3) Subsection (3A) applies if the medical practitioner, having examined the person, considers that—
(a) there are reasonable grounds for believing that the person may be suffering from a mental disorder; and
(b) it is desirable for the person to have an assessment examination urgently in the person’s own interests or the interests of any other person.
(3A) The medical practitioner must, as soon as possible,—
(a) issue a certificate under section 8B(4)(b); and
(b) make an application under section 8A.
(4) Subject to subsection (5), in any case to which subsection (3) applies any constable may—
(a) continue to detain the proposed patient at that place until the assessment examination has been conducted; or
(b) take the proposed patient to some other place nominated by the medical practitioner for the purpose of an assessment examination, and detain the proposed patient at that other place until the assessment examination has been conducted.
(5) Detention under this section may last for no longer than the following times:
(a) for the purposes of subsections (1) to (3A), 6 hours or the time it takes to carry out the actions described in those subsections, whichever is shorter:
(b) for the purposes of subsection (4), 6 hours or the time it takes to conduct the assessment examination, whichever is shorter.

75
Q

Section 266 - closure of licensed premise

A

(1) This section applies in the following circumstances:
(a) if a riot is taking place or there are reasonable grounds for believing that a riot may occur on any licensed premises; or
(b) if there is fighting or serious disorder or there are reasonable grounds for believing that fighting or serious disorder is about to break out on any licensed premises; or
(c) if there is a significant threat to public health or safety; or
(d) if the conduct on any licensed premises amounts to a substantial public nuisance; or
(e) if there are reasonable grounds for believing offences have been committed on the premises that carry a maximum penalty of 5 years or more and there is a significant risk of further such offences being committed on the premises if the premises remain open.
(2) A constable may order the closure of any licensed premises or any specified part of any licensed premises for the sale of alcohol until a time stated in the order, which time must not be later than 24 hours from the end of the day on which the order was made, or order any person to leave the premises or that specified part of them.

76
Q

Define riot

A

In CA 1961 - a group of 6 or more persons who, acting togethe, are using violence against persons or property to the alarm of persons in the neighbourhood

77
Q

Define licensed premise

A

are any premises for which a license is held for the sale, supply or consumption of alcohol

78
Q

Define licensee

A

means a person who holds a license

79
Q

Define manager

A

means a manager of a licensed premises appointed under the S&S Alcohol Act 2012.

80
Q

Who can close licensed premise?

A

Constable

81
Q

Search and Surveillance general principles

A
  • lawfulness and reasonableness
  • search hierarchy
  • decision records
  • ID and notice
  • force used against property must be reasonable
  • search or seizure should be witnessed
  • seized property must be documented
82
Q

S&S Act 2012 - Section 7

A

Entry to arrest person unlawfully at large

83
Q

S&S Act 2012 - Section 8

A

Entry to avoid loss of offender or EM

84
Q

S&S Act 2012 - Section 14

A

Entry ot prevent offence or respond to risk to life or safety

85
Q

S&S Act 2012 - Section 15, 16, 17

A

Entry and searches of places, persons or vehicle for EM (14+ offence)

86
Q

S&S Act 2012 - Section 18

A

Arms in places or vehicles

87
Q

S&S Act 2012 - Section 28

A

searching vehicles for offensive weapons

88
Q

S&S Act 2012 - Section 29

A

search vehicle for stolen prpoerty

89
Q

S&S Act 2012 - Section 83

A

Entry and search of place after arrest

90
Q

S&S Act 2012 - Section 84

A

Entry and search of vehicle after arrest

91
Q

Purposes for when consent search can happen?

A
  • to prevent commission of offence
  • to protect life or property, or to prevent injury or harm
  • to investigate whether an offence has been committed
  • any purpose in respect of which you could exercise a power of which conferred by an enactment
92
Q

Age for consent search

A

under 14 can’t consent

93
Q

S&S Act 2012 - Section 117

A

power to secure scene pending warrant

94
Q

S&S Act 2012 - Section 118

A

powers of detention incidental to searches of places or vehicles
determinig a connection

95
Q

S&S Act 2012 - Section 119

A

power to search persons a place or vehicle (in possession of dangerous thing or EM)

96
Q

S&S Act 2012 - Section 120

A

powers of search when suspect pursued

97
Q

S&S Act 2012 - Section 121

A

stopping vehicles to search with/without warrant

98
Q

S&S Act 2012 - Section 122

A

moving vehicle for purpose of search

99
Q

S&S Act 2012 - Section 9

A

stopping vehicle to affect arrest

100
Q

who can authorize establishment of road block?

A
Senior Constable (holding or acting in a position of sergeant or above) - includes acting
Not exceeding 24 hours
101
Q

S&S Act 2012 - Section 27

A

Search of people for offensive weapons

102
Q

S&S Act 2012 - Section 85

A

rub down search of arrested people

103
Q

S&S Act 2012 - Section 88

A

Warrantless search for EM post arrest

104
Q

CA 1961 - Section 39 - Force used in executing process or in arrest

A

Where any person is justified, or protected from criminal responsibility, in executing or assisting to execute any sentence, warrant, or process, or in making or assisting to make any arrest, that justification or protection shall extend and apply to the use by him or her of such force as may be necessary to overcome any force used in resisting such execution or arrest, unless the sentence, warrant, or process can be executed or the arrest made by reasonable means in a less violent manner:
provided that, except in the case of a constable or a person called upon by a constable to assist him or her, this section shall not apply where the force used is intended or likely to cause death or grievous bodily harm.

105
Q

CA 1961 - Section 40 - Preventing escape or rescue

A

(1) Where any person is lawfully authorised to arrest or to assist in arresting any other person, or is justified in or protected from criminal responsibility for arresting or assisting to arrest any other person, that authority, justification, or protection, as the case may be, shall extend and apply to the use of such force as may be necessary—
(a) to prevent the escape of that other person if he or she takes to flight in order to avoid arrest; or
(b) to prevent the escape or rescue of that other person after his or her arrest—
unless in any such case the escape or rescue can be prevented by reasonable means in a less violent manner:
provided that, except in the case of a constable or a person called upon by a constable to assist him or her, this subsection shall not apply where the force used is intended or likely to cause death or grievous bodily harm.
(2) Where any prisoner of a prison is attempting to escape from lawful custody, or is fleeing after having escaped therefrom, every constable, and every person called upon by a constable to assist him or her, is justified in using such force as may be necessary to prevent the escape of or to recapture the prisoner, unless in any such case the escape can be prevented or the recapture effected by reasonable means in a less violent manner.

106
Q

CA 1961 - Section 41 - Prevention of suicide and certain offences

A

Every one is justified in using such force as may be reasonably necessary in order to prevent the commission of suicide, or the commission of an offence which would be likely to cause immediate and serious injury to the person or property of any one, or in order to prevent any act being done which he or she believes, on reasonable grounds, would, if committed, amount to suicide or to any such offence.

107
Q

CA 1961 - Section 42 - Preventing breach of the peace

A

(1) Every one who witnesses a breach of the peace is justified in interfering to prevent its continuance or renewal, and may detain any person committing it, in order to give him or her into the custody of a constable:
provided that the person interfering shall use no more force than is reasonably necessary for preventing the continuance or renewal of the breach of the peace, or than is reasonably proportionate to the danger to be apprehended from its continuance or renewal.
(2) Every constable who witnesses a breach of the peace, and every person lawfully assisting him or her, is justified in arresting any one whom he or she finds committing it.
(3) Every constable is justified in receiving into custody any person given into his or her charge, as having been a party to a breach of the peace, by one who has witnessed it or whom the constable believes on reasonable and probable grounds to have witnessed it.

108
Q

NZBOR1990 - Section 8 - Right not to be deprived of life

A

No one shall be deprived of life except on such grounds as are established by law and are consistent with the principles of fundamental justice.

109
Q

NZBOR1990 - Section 9 - Right not to be subject of torture or cruel treatment

A

Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.

110
Q

NZBOR1990 - Section 13 - Freedom o thought, conscience and religion

A

Everyone has the right to freedom of thought, conscience, religion, and belief, including the right to adopt and to hold opinions without interference.

111
Q

NZBOR1990 - Section 14 - Freedom of expression

A

Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.

112
Q

NZBOR1990 - Section 15 - Manifestation of religion and belief

A

Every person has the right to manifest that person’s religion or belief in worship, observance, practice, or teaching, either individually or in community with others, and either in public or in private.

113
Q

NZBOR1990 - Section 16 Freedom of peaceful assembly

A

Everyone has the right to freedom of peaceful assembly.

114
Q

NZBOR1990 - Section 17 - Freedom of association

A

Everyone has the right to freedom of association.

115
Q

NZBOR1990 - Section 18 - Freedom of movement

A

(1) Everyone lawfully in New Zealand has the right to freedom of movement and residence in New Zealand.
(2) Every New Zealand citizen has the right to enter New Zealand.
(3) Everyone has the right to leave New Zealand.
(4) No one who is not a New Zealand citizen and who is lawfully in New Zealand shall be required to leave New Zealand except under a decision taken on grounds prescribed by law.

116
Q

NZBOR1990 - Section 19 - Freedom from discrmination

A

(1) Everyone has the right to freedom from discrimination on the grounds of discrimination in the Human Rights Act 1993.
(2) Measures taken in good faith for the purpose of assisting or advancing persons or groups of persons disadvantaged because of discrimination that is unlawful by virtue of Part 2 of the Human Rights Act 1993 do not constitute discrimination.

117
Q

NZBOR1990 - Section 20 - Right of minorities

A

A person who belongs to an ethnic, religious, or linguistic minority in New Zealand shall not be denied the right, in community with other members of that minority, to enjoy the culture, to profess and practise the religion, or to use the language, of that minority.

118
Q

NZBOR1990 - Section 21 - Unreasonable search and seizure

A

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

119
Q

NZBOR1990 - Section 22 - Liberty of person

A

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

120
Q

NZBOR1990 - Section 23 - Right of person arrested or detained

A

(1)Everyone who is arrested or who is detained under any enactment—
(a)shall be informed at the time of the arrest or detention of the reason for it; and
(b)shall have the right to consult and instruct a lawyer without delay and to be informed of that right; and
(c)shall have the right to have the validity of the arrest or detention determined without delay by way of habeas corpus and to be released if the arrest or detention is not lawful.
(2)Everyone who is arrested for an offence has the right to be charged promptly or to be released.
(3)Everyone who is arrested for an offence and is not released shall be brought as soon as possible before a court or competent tribunal.
(4)Everyone who is—
(a)arrested; or
(b)detained under any enactment—
for any offence or suspected offence shall have the right to refrain from making any statement and to be informed of that right.
(5)Everyone deprived of liberty shall be treated with humanity and with respect for the inherent dignity of the person.

121
Q

NZBOR1990 - Section 24 - Rights of person charged

A

Everyone who is charged with an offence—

(a) shall be informed promptly and in detail of the nature and cause of the charge; and
(b) shall be released on reasonable terms and conditions unless there is just cause for continued detention; and
(c) shall have the right to consult and instruct a lawyer; and
(d) shall have the right to adequate time and facilities to prepare a defence; and
(e) shall have the right, except in the case of an offence under military law tried before a military tribunal, to the benefit of a trial by jury when the penalty for the offence is or includes imprisonment for 2 years or more; and
(f) shall have the right to receive legal assistance without cost if the interests of justice so require and the person does not have sufficient means to provide for that assistance; and
(g) shall have the right to have the free assistance of an interpreter if the person cannot understand or speak the language used in court.

122
Q

NZBOR1990 - Section 25 - Minimum standards of criminal procedure

A

Everyone who is charged with an offence has, in relation to the determination of the charge, the following minimum rights:

(a) the right to a fair and public hearing by an independent and impartial court:
(b) the right to be tried without undue delay:
(c) the right to be presumed innocent until proved guilty according to law:
(d) the right not to be compelled to be a witness or to confess guilt:
(e) the right to be present at the trial and to present a defence:
(f) the right to examine the witnesses for the prosecution and to obtain the attendance and examination of witnesses for the defence under the same conditions as the prosecution:
(g) the right, if convicted of an offence in respect of which the penalty has been varied between the commission of the offence and sentencing, to the benefit of the lesser penalty:
(h) the right, if convicted of the offence, to appeal according to law to a higher court against the conviction or against the sentence or against both:
(i) the right, in the case of a child, to be dealt with in a manner that takes account of the child’s age.

123
Q

NZBOR1990 - Section 21 - 25

A

21-protection against unreasonable search and seizure
22-protection against arbitrary arrest of detention
23-rights of persons arrested or detained
24-rights of persons charged with offence
25-minimum standards of criminal prosecution

124
Q

A search is not:

A
  • kneeling and using a torch to observe an article secreted inside a cars headlight
  • asking a person to hold up a bicycle so serial number can be checked
  • asking a person to hold out their hands for inspection
  • a voluntary request to a power company for aggregated monthly power usage
125
Q

Exceptio to BOR

A

Police officers can not be expected to be concerned with uttering warnings while their safety is threatened. However, once control is established by Police the suspect should be informed of his rights.

126
Q

Exclusion sections - EA 2006

A

Reliabilty rule - s28
Oppression rule - s29
improperly obtained evidence - s30

127
Q

Practise Notes on Questioning - 1

A

A member of Police may ask questions of any person whom it is thought useful information may be obtained whether or not they are a suspect but must not suggest it is compulsory to answer.

128
Q

Practise Notes on Questioning - 2

A

Whenever a member of police has sufficient evidence to charge a person with an offence or whenever a police member seeks to question a person in custody. The person must be cautioned before being invited to make any statement

129
Q

Practise Notes on Questioning - 3

A

Questions of a person in custody or in respect of whom there is sufficient evidence t lay a charge must not amount to cross examination

130
Q

Practise Notes on Questioning - 4

A

Whenever a person questioned about statements made by others or about other evidence, the substance of the statements of the nature of the evidence must be fairly explained

131
Q

Practise Notes on Questioning - 5

A

Any statement made by a person in custody or in respect of whom there is sufficient evidence to charge should preferably be recorded by video recording unless that is impractical or the person declines. It must recorded permanently (audio or writing) and they must b given an opportunity to review the statement. Must be offered to sign it.

132
Q

Overriding principle when applying TENR

A

Safety is success

133
Q

Fleeing driver - inquiry phase may consist of

A
  • eagle
  • observations of known addresses
  • registered vehicle address enquiry
  • speed camera photographs
  • unlawful takes enquiry
  • reported petrol drive offs
  • CCTV footage area inquiries
  • S118 LTA letter to registered owner
  • 28 day impound
134
Q

The 5 PHPF’s

A
Strategy
Culture
Leadership
Capability
Performance Management
135
Q

F2 - Culture - Characteristics of High Performing Tam

A

United
Committed to Excellence
Individually accountable and responsible
Supportive of one another

136
Q

F3 - Leadership 2 tools

A

Set - enable - expect

Principal responsibilities of leadership

137
Q

F5 - Performance Management - 3 tools

A
  • The development plan
  • The monthly progress review
  • The annual performance review
138
Q

Perforamce Cycle

A
  1. Reset SPT
  2. Update development plan
  3. Have regular progress reviews
  4. Complete annual performance review
139
Q

Professionalism

A

Look the part, be the part

We take pride in representing Police and making a differnce in the communities we serve.

140
Q

Respect

A

Treat others as they would want to be treated

We treat everyone with dignity, uphold their individual rights and honour their freedoms

141
Q

Integrity

A

Actions say it all

We are honest and uphold excellent ethical standards

142
Q

Commitment to Maori and the Treaty

A

Stand together

We act in good faith of, and respect, the principles of Te Tiriti o Waitangi

143
Q

3 P’s - treaty of waitangi

A

Partnership, protection and participation

144
Q

Empathy

A

Walk in their shoes

We seek understanding of an consider the experience and perspective of those we serve

145
Q

Valuing diversity

A

Many views, one purpose

We recognize the value different perspectives and experiences bring to making us better at what we do.

146
Q

Functions of Police - Policing Act 2008

A

The functions of the Police include—

(a) keeping the peace:
(b) maintaining public safety:
(c) law enforcement:
(d) crime prevention:
(e) community support and reassurance:
(f) national security:
(g) participation in policing activities outside New Zealand:
(h) emergency management.

147
Q

Who can decline FEO?

A

District Commander or National Manager