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Learner’s Guide
Demonstrate
knowledge of law
enforcement
Licensed to:
Western Heights High School
2016 - 4a © ATC New Zealand
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i
About this
Learner’s Guide
Learning Purpose & Outcomes
In this course you will learn about three different organisations that have the power to enforce laws:
• central government
• local government
• the Police.
When you have successfully completed this course you will understand the powers and
functions of each of these organisations. You will also be able to give examples of laws that are
enforced by each of these organisations, and the legal consequences of breaking these laws.
You will also learn about your rights and obligations in relation to dealing with the Police as well
as ways to make complaints about Police actions.
A glossary has been included at the end of this guide to help you understand new terms and other
words that may be difficult. Words that are in the glossary have been highlighted in the text.
Contents
Central Government 2
What is the Central Government? 2
Powers and functions of central government 3
Specific laws that central government enforces 6
Local Government 9
What is local government? 9
Powers and functions of local government 11
Specific laws that local government enforces 13
The Police 17
Who are the Police? 17
Powers and functions of the Police 18
Specific laws that the Police enforce 21
Glossary 38
LESSON 1:
Central Government
Learning Objectives
In this lesson you will learn about the following aspects of central A space has been left
government law enforcement. on the right of every
page for you to make
What the central government is notes about what you
Powers of central government are learning.
Functions of central government
Laws that central government enforces
Consequences for not following laws
Judiciary
the organisation that
makes decisions on
specific situations in
relation to the law.
Legislature Executive
the organisation the organisation
that makes laws that applies laws
debating
changes to
the law listening to deciding on
research on the best way to
the impact that implement the
changes to the law law
could have
following
the correct
process to making
pass laws decisions
listening about specific
to court cases based
cases on the law
Agency 1:
Power:
Function:
Agency 2:
Power:
Function:
Agency 3:
Power:
Function:
Health
Income and Te Ture
Tax Act Safety in Whenua
2007 Employment Act 1993
Act 1992
Accident
Immigration
Compensation
Act 2009 Act 2001
A fine
Community service
LESSON 2:
Local Government
Learning Objectives
In this lesson you will learn about the following aspects of local
government law enforcement.
What local government is
Powers of local government
Functions of local government
Laws that local government enforces
Consequences for not following laws
11 regional 50 district
councils councils
11 city 6 territorial
councils authorities
To create
To administer laws bylaws (laws that
created by central only apply to the
government area of council
control)
To approve
changes within the
local authority
To fine or
prosecute
To gather revenue people who do not
for the Council comply with local
government laws
making sure
swimming and spa
pools are fenced
and safe
managing and
regulating the
maintaining leisure
disposal of rubbish
facilities
I work for the Invercargill City Council. The city council has the power to
charge rates to people who own homes in Invercargill. These rates cover
various expenses such as council operation expenses, rubbish collection,
water access, street lighting, and roading improvements. If homeowners
do not pay their rates, they can be fined or made to pay a penalty on the
amount owing.
I work for the Hamilton City Council. We have the ability to make bylaws.
These bylaws apply only to people who live within the Hamilton City Council
boundaries. For example, one bylaw makes it illegal for people to drink
alcohol on certain streets in Hamilton City. If people drink alcohol on the
street, their drink may be confiscated. They may even be fined.
Local Council:
Power 1:
Power 2:
Function 1:
Function 2:
Dog
Control
Building Act Act 1996 and
2004 Dog Control
Civil Defence Amendment
Emergency Act 2003
Management Act
2002
Fencing of
Gambling Act
Swimming Pools
2003
Act 1987
Rating
Valuations Act
1998
A fine
Remedial action
(eg dog being put down, swimming pool being
emptied)
1
Note: Changes to this law are currently being debated by Parliament. If the proposed
changes are approved, the enforcement responsibilities of local council could change. (As at
time of publishing, December 2015.)
LESSON 3:
The Police
Learning Objectives
In this lesson you will learn about the following aspects of police law
enforcement.
Who the Police are
Powers of the Police
Functions of the Police
Laws that the Police enforce
Consequences for not following these laws
To arrest To charge
people for being people for being
suspected of suspected of
committing a committing a
crime crime
To take people
into the Police
station for
questioning
To fine people
To enter people’s
for driving related
homes
offences
The Policing Act 2008 sets out the key functions that the Police
have. These include:
• keeping the peace
• maintaining public safety
• law enforcement
• crime prevention
• community support and reassurance
• national security
• participation in policing activities outside New Zealand
• emergency management
Note: Use the following article if you cannot find one yourself.
Shot fired at bar robbery Christchurch
http://www.nzherald.co.nz/news/print.cfm?objectid=11557100
2. What role did the Police have in relation to dealing with the crime?
LESSON 4:
Learning Objectives
In this lesson you will learn about your rights and responsibilities in
relation to dealing with the Police. In particular, you will learn about:
the procedures that Police are legally required to follow
your rights and obligations in relation to police law enforcement
ways to make complaints about Police action.
Police Procedures
There are a number of procedures that the Police are legally required
to follow in relation to questioning, arresting and charging a person.
These steps may be different depending on whether a person is an
adult or a young person.
Questioned
When a person is questioned by the Police, the
Police have the goal of gathering more information
about a crime or incident. At this stage the Police
do not officially suspect that the person has
committed the crime.
Arrested
When someone is arrested by the Police they are
made to stay in Police custody because they are
suspected of committing a crime. They have not
been formally accused of committing a crime at
this stage.
Charged
When someone is charged by the Police, the
Police have decided that the person is highly likely
to have committed the crime and they must now
go to Court.
Questioning
The Police are able to question any person, at any time whether or
not that person has been arrested.
When questioning an adult (older than 17 years)
the Police:
• do not have to inform them of their legal rights
• can require the person to provide their name,
date of birth and address. The adult must provide
this information truthfully; if the person lies or
Adult refuses to provide accurate personal information
they can be arrested
Arresting
If the Police have reasonable cause to believe that a person has
committed an offence they can arrest the person.
• When the Police make an arrest they need to
tell the person that he or she is under arrest
and state what the person is being charged
with. Both adults and young persons have an
obligation to accompany the Police Officer
without struggling, or they can be charged
with resisting arrest.
Adult
• At the station the police must supply a list
of lawyers paid for by the state and provide
access to a telephone so that the person can
contact one of them.
Charging
Even though a person has been arrested, the Police will not
necessarily lay charges. In the case of minor offences the Police
can release the person with a warning.
When charging an adult, the Police:
• must tell the person that they are going to be
charged, and what the offences are.
Adult
Rachel will turn 16 in two weeks’ time. If she commits an offence in three weeks’
time, will the law consider her to be a child, a young person, or an adult?
Mariana had her 17th birthday one week ago. She was caught breaking into a car
yesterday. Will the law treat her as a young person, or an adult?
When you deal with the Police, you have specific rights and
obligations. In particular, you have obligations when you are:
• questioned by the Police
• stopped by the Police
• being searched by the Police
• arrested by the Police
• called upon for assistance by the Police
• being a witness.
Let’s look at each of these situations in turn.
Being a witness
All individuals have the right to refuse to give a statement as a witness
if they do not want to. However if they refuse, they can be served
with a summons and then they are obliged to attend a hearing to give
evidence.
Try it for Read each of the scenarios below and answer the
Yourself questions that follow.
Darren is 16 years old. Last Saturday night, he was stopped by the Police while driving
through the city. On his back seat Darren had a tray of beer, which he had just pur-
chased from his local liquor outlet. He was on his way to a friend’s party. Darren gave
the Police a false name and address and told the officer he was 21.
Darren had already had a bit to drink and he started to verbally abuse the officer. He
then threw a full can of beer at the Police officer and drove off.
Marama works directly across the road from a busy intersection. Recently a large truck
drove through a red light, killing an elderly person on a mobility scooter.
Marama was looking out at the intersection just as the crash happened and saw the
whole incident. However, she is still in a state of shock and has refused to talk or make
a statement to the Police.
Right
Obligation
Sometimes members of the public may feel that the Police have not
treated them fairly or professionally. Any individual has the right to
make a complaint about the Police.
There are two types of complaints against the Police.
“Expressions of dissatisfaction”
is the term used for less serious
Expressions of complaints, where a member of the
public wants to ask for information,
dissatisfaction
say they are dissatisfied, or get an
explanation. These will usually be
dealt with by local police staff.
Writing a letter to
Emailing the IPCA at
the IPCA, PO Box
enquiries@ipca.govt.
25221, Wellington
nz
6146
Visiting a police
station or a district
court and asking to
make a complaint to the
Independent Police
Conduct Authority
Try it for 1. Name some ways you can lodge a complaint against
Yourself the Police:
3. List some types of information that should be included when making a complaint
against the Police:
Glossary
authority the power or right to give orders, make decisions, and enforce obedience
boundaries a line which marks the limits of an area; a dividing line.
bylaw a law made by a local council
comply follow a wish or command
Complainant a person who makes a complaint
confiscated when something is taken away from someone
debate argue about (a subject), especially in a formal manner
deprive stop (a person or place) from having or using something
domestic violent behaviour within the home, typically involving the violent abuse of a
violence spouse or partner
function the purpose of a person or thing
grievances a real or imagined cause for complaint, especially unfair treatment
harass to annoy or provoke
implement put (a decision, plan, agreement, etc.) into effect
interest money paid regularly at a particular rate for the use of money lent, or for
delaying the repayment of a debt
menacing suggesting the presence of danger; threatening.
misconduct unacceptable or improper behaviour, especially by an employee or professional person.
muzzle a device that covers the face of an animal, such as a dog
neuter to prevent an animal from sexual reproduction
obstruct to prevent or block
permit to allow something to happen
policy a course of action chosen by an organisation or individual
power the ability or capacity to do something or act in a particular way
prosecute to start legal proceedings against a person or organisation
rates an annual fee from the local government
refine make minor changes to improve or clarify
registered enter or record on an official list or directory
remedial fixing a mistake that was made
reparations the action of making amends for a wrong one has done, by providing payment
revenue income, money gathered
subdivision dividing one piece of land into smaller pieces
trivial minor, unimportant
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