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US 12350 v4a

Learner’s Guide

SOCIAL AND COOPERATIVE


SKILLS

Unit Standard 12350


Version 4 | Level 1 | Credit 2

Demonstrate
knowledge of law
enforcement

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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.

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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

Rights and responsibilities when dealing with the Police 25


Police Procedures 26
Your rights and obligations in relation to Police law enforcement 31
Making a complaint about the Police 34

Glossary 38

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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

What is the Central Government?

Central government has three key parts.

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

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LESSON 1: Central Government

The law enforcement actions of central


government apply to all New Zealanders.
Central government mainly operates from New
Zealand’s capital, Wellington. However, there
are various organisations and offices throughout
all of New Zealand that are responsible for
enforcing central government laws.

Powers and functions of central


government

The central government has a number of key powers and functions


in relation to law enforcement.

A right or responsibility given to an


Power organisation.

A role that an organisation has, or


Function action that it takes.

Central government has the power to do the following in relation to


law enforcement.

Make any Propose


law new laws

Decide on Refine the


policies law

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LESSON 1: Central Government

Some functions that the central government has in relation to law


enforcement include:

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

The central government has a law-making


power. They play a key role in introducing new
laws and making changes to existing laws.
Members of Parliament, who are part of the
central government, discuss the proposed law,
listen to the public opinion on the law and then
vote on the law. If the law passes, then all New
Zealanders must comply with it.

The central government has the power to


implement laws. They make specific policy
decisions for different laws. The central
government also decides how the money
received from taxpayers will be spent.

The central government has the power to


make decisions about specific cases. Judges
listen to specific cases in Court. They then
decide on a punishment that a person should
receive if they have broken the law.

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LESSON 1: Central Government

Choose three government agencies. For each


Try it for government agency, describe a power and function that
Yourself the agency has in relation to law enforcement. Use the
internet to research your answer. Examples of agencies
include:
• Inland Revenue Department
• Work and Income New Zealand
• Immigration New Zealand.

Agency 1:

Power:

Function:

Agency 2:

Power:

Function:

Agency 3:

Power:

Function:

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LESSON 1: Central Government

Specific laws that central


government enforces

Central government is responsible for enforcing many different laws.


Some key laws that central government enforces include:

Health
Income and Te Ture
Tax Act Safety in Whenua
2007 Employment Act 1993
Act 1992
Accident
Immigration
Compensation
Act 2009 Act 2001

Each law contains details about what happens to a person or


organisation that does not follow the law. The consequences of not
following a law may include:

Prison sentence (only in serious cases)

A fine

Community service

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LESSON 1: Central Government

Let’s look at two laws in detail:

Income Tax Act 2007


The Income Tax Act 2007 outlines the
taxes that people must pay, how tax is
calculated, rules related to payment of
tax, and what happens when people do
not pay their taxes.
Central government enforces this law
because it applies to all people in New
Zealand. A specific central government
agency, called the Inland Revenue
Department, has the responsibility of making
sure all New Zealanders follow this law.
People who don’t calculate their tax correctly
may have to pay a penalty for the tax they
haven’t paid. If it has been proven that they
have deliberately not paid their tax then they
may be taken to court where they could
receive a fine, or even time in prison.

Health and Safety in Employment Act


1992
The Health and Safety in Employment
Act 1992 outlines the responsibilities
employers and employees have in relation
to preventing accidents and health
related issues in the workplace. It outlines
the general principles and rules that all
employers and employees must follow.
Central government enforces this law
because it wants to ensure that all New
Zealanders work in safe environments
and that there is no variation between
workplaces in different regions.
If an employer or employee does not follow
this law, they can be fined. If there is a
serious problem with the operation of the
workplace, it may be closed down until the
problem has been resolved.

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LESSON 1: Central Government

Select one of the following laws.


Try it for • Immigration Act 2009
Yourself • Accident Compensation Act 2001
• Te Ture Whenua Act 1993
Research the law using the internet and answer the
following questions. Your teacher will help you to
research the information that you need.

What is the name of the law?

What is the purpose of this law?

Why does the central government enforce this law?

What are the consequences for breaking this law?

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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

What is local government?

Local government is split into organisations called councils.


Councils are located at various cities and towns throughout New
Zealand. Currently in New Zealand there are:

11 regional 50 district
councils councils

11 city 6 territorial
councils authorities

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LESSON 2: Local Government

Click on the following link to view the locations of


Try it for different local government councils in New Zealand.
Yourself Copy each local government council into the blank map
on this page.

North Island: http://www.lgnz.co.nz/assets/North-Island-PNG.PNG


South Island: http://www.lgnz.co.nz/assets/South-Island-PNG.PNG

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LESSON 2: Local Government

Powers and functions of


local government

The local government has a number of key powers and functions


in relation to law enforcement. Some key powers that relate to law
enforcement include the following.

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

Some functions that the local government has in relation to law


enforcement include:

managing making sure


resources buildings are
(such as water) constructed in
according to the accordance with
law the law

making sure
swimming and spa
pools are fenced
and safe

managing and
regulating the
maintaining leisure
disposal of rubbish
facilities

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LESSON 2: Local Government

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.

I work for the Waikato District Council. We oversee property subdivisions


within the council boundaries. There are specific laws that must be followed
when subdividing property. We only approve a subdivision if the law has
been followed correctly.

Select the local government council that operates in


Try it for the area that you live in. Describe two powers and
Yourself two functions that the council has in relation to law
enforcement. Your teacher will help you to use the
internet to research your answer.

Local Council:

Power 1:

Power 2:

Function 1:

Function 2:

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LESSON 2: Local Government

Specific laws that local


government enforces

Local government is responsible for enforcing many different laws.


The following diagram highlights how local government is given the
authority to enforce specific laws.

1 Laws are decided on by central government.

Central government gives local government the authority to


2 enforce some of these laws.

Each local government applies these laws in a way that best


3 suits their situation.

Each local government may make bylaws to support the law


4 from central government.

Some key laws that local government enforces include the:

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

As with laws enforced by central government, each law enforced by


local government contains details about what happens to a person

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LESSON 2: Local Government

or organisation that does not follow the law.


The consequences of not following a law enforced by local
government may include:

A fine

Remedial action
(eg dog being put down, swimming pool being
emptied)

Prison sentence (only in serious cases)

Let’s look at two laws in detail:

Fencing of Swimming Pools Act 1987


The Fencing of Swimming Pools Act 1987 sets out
requirements for people who have swimming pools and spa
pools at their home, as well as requirements for public places
that have swimming pools and spa pools.
Each local government is given responsibility as to how the law
should be enforced. The law sets out specific requirements that
all local councils must enforce, such as the height of pool fences.
However, each council is free to decide on other aspects of the
law, such as the level of security of doors and gates. The council
can also decide how and when pools will be inspected.1
If people don’t follow this law, they may be forced to have their
swimming pool drained until it is compliant. They may also be
fined. If a child drowns because the home owner has not followed
the law, the home owner could even face imprisonment.

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.)

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LESSON 2: Local Government

Dog Control Act 1996 and Dog Control


Amendment Act 2003

These laws regulate how owners are to


look after their dogs, and how dogs are
to be registered with the council. The law
also gives councils the right to not permit
certain breeds of dog to live within the
council boundaries.
Local government enforces this law because
the needs of each community are different.
For example, in some areas there may be
a significant problem with menacing dogs.
The council can make a bylaw that requires
all owners of menacing dogs to neuter their
dog and put a muzzle on the dog’s face
when it is in public.
If a dog owner does not follow the law, they
may have their dog taken from them. If the
dog owner does not follow the law and the
dog attacks someone, the owner could be
imprisoned or fined up to $20,000.

Select one of the following laws.


Try it for • Building Act 2004
Yourself • Civil Defence Emergency Management Act 2002
• Gambling Act 2003
• Rating Valuations Act 1998
Your teacher will help you research the law using the
internet.
What is the name of the law?

Continued on next page...

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LESSON 2: Local Government

What is the purpose of this law?

Why does the local government enforce this law?

What are the consequences for breaking this law?

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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

Who are the Police?

The Police are an essential


and very recognisable part
of law enforcement in New
Zealand. There are over
11,000 staff and over 380
police stations throughout
New Zealand.
This map highlights the
number of police stations in
various regions throughout
New Zealand. As you can
see, the more people living
in an area, the more Police
stations there are.
Used for educational purposes (2015)
http://www.police.govt.nz/contact-us/
stations

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LESSON 3: The Police

Powers and functions of the Police

The Police have a number of key powers and functions in relation to


law enforcement.
Some key powers that the Police have in relation to law enforcement
include the following.

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

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LESSON 3: The Police

I am a Police Constable who works on the


Family Violence Team. I am required to attend
callouts in relation to domestic violence. I am
required to get details of the situation and make
sure that everyone is safe. I am able to request
that the person accused of abuse comes to the
Police station for questioning. If there is enough
evidence, charges can be laid against the
person accused of abuse.”

I work as a Constable on the Road Policing


team. When there is a traffic accident in my
area, I am required to attend the scene. I
make sure everyone is safe and I also try to
find out what happened. If a driver has been
drinking alcohol or driving recklessly, I can
request that they come to the station for further
testing to see the level of alcohol that is in their
bloodstream.

I work as a Police lawyer on the Prosecutions


team. I am responsible for collecting evidence
about specific cases to prove why a person has
been charged with a crime. I am then required
to present this evidence to the courts.

What do Find a newspaper article about a crime that has been


committed and police involvement in relation to the
You Think? crime. Answer the following questions.

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

Continued on next page...

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LESSON 3: The Police

1. What happened? Briefly describe the facts.

2. What role did the Police have in relation to dealing with the crime?

3. How was (or will) the law be enforced in this situation?

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LESSON 3: The Police

Specific laws that the Police enforces

The Police are responsible for enforcing three key laws:

Crimes Act 1961 Land Transport Act Misuse of Drugs


1998 Act 1975

As with laws enforced by central government and local government,


each law enforced by the Police contains details about what
happens to a person or organisation that does not follow the law.
The consequences of not following a law enforced by the Police
may include:

A fine Community service Prison sentence

Loss of licence Home detention Vehicle


impounded

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LESSON 3: The Police

Let’s look at two laws in detail:

Crimes Act 1961


The Crimes Act 1961 is an Act of the New
Zealand Parliament that is administered
by the Ministry of Justice and the Police.
This Act describes types of crimes as well
as punishments, procedures and appeals.
Section 219 of the Crimes Act 1961
describes the offence of theft or stealing.
It states that it is an offence to:
a) dishonestly and without claim of right, take any property
with intent to deprive any owner permanently of that
property or of any interest in that property; or
b) dishonestly and without claim of right, use or deal
with any property with intent to deprive any owner
permanently of that property or of any interest in that
property after obtaining possession of, or control over,
the property in whatever manner.
The Police are responsible for enforcing this law because they
have the ability to:
a) handle complaints of theft from the public
b) investigate the complaint
c) arrest people who are suspected of committing theft.
A person who is accused of theft or stealing can be arrested by
the Police and required to appear in court.
Under the Crimes Act 1961, the penalty for theft or stealing is
imprisonment from three months up to seven years, depending
on the value of the property that was stolen.
Other legal consequences may include:
• a fine
• community work
• payment of court costs
• return of the stolen goods and/or payment of reparations.

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LESSON 3: The Police

Land Transport Act 1998


The Land Transport Act 1998 outlines the
rules that people must follow when they
are driving. In particular, it outlines the
rules in relation to alcohol consumption
and driving.
The Police have the power to stop drivers
and to use both breath tests and blood tests
as evidence to convict a person of breaking
this law. The Police are given this power
because it is their job to protect the community and make sure
that there are no intoxicated people on the roads.
The legal consequences of breaking the drink driving laws
are different for drivers of different ages, and can also vary
depending on whether the driver has been previously convicted
of a drink driving offence.
These consequences may include:
• fines
• imprisonment
• disqualification from driving for a period of time
• disqualification from holding or obtaining a license for a
period of time
• confiscation of the vehicle that was being driven at the time
of the offence, if it is owned or partly owned by the offender
• immediate “roadside” suspension of license
• immediate “roadside” impoundment of vehicle.

Your teacher will help you to research the Misuse of


Try it for
Drugs Act 1975 on the internet. Once you have finished
Yourself your research, answer the following questions.

What is the name of the law?

Continued on next page...

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LESSON 3: The Police

What is the purpose of this law?

Why do the Police enforce this law?

What are the consequences for breaking this law?

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LESSON 4:

Rights and responsibilities


when dealing with the Police

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.

The Police are legally required to treat people differently depending


on their age.

Adult Young person Child

A person is legally A person aged A person 13 years


considered an 14 to 16 years or younger is
adult when they is considered a considered a child.
are 17 years or “young person”
older. under the law.

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LESSON 4: Rights and responsibilities when dealing with the Police

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

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LESSON 4: Rights and responsibilities when dealing with the Police

• can request that the person accompany them


to the station for questioning but cannot force
them to do so unless the person is under
arrest
• must respect the person’s right to consult a
lawyer.

When questioning a young person (under 17 years


of age), the Police:
• can ask for name, occupation or school, and
address. The young person must supply this
information and if he or she refuses, this may
be grounds for an arrest. If a young person
Under 17 does not tell the Police that they are under 17
years of age years old the Police can treat them as an adult
• must respect the person’s right to remain
silent after they have provided this basic
personal information
• can ask the young person to accompany
them to the station, or to step outside, for
questioning. Unless they arrest the person, he
or she does not have to go and can change
their mind and leave anytime
• must inform the young person of their rights
before asking any questions in connection
with an offence, or if the young person asks
what their rights are.

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.

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LESSON 4: Rights and responsibilities when dealing with the Police

• The Police must inform the adult of their right


to remain silent and their right to consult a
lawyer

In addition, when arresting a young person (under


17 years of age) the Police:
• must immediately tell the young person that
they have the right to remain silent, and that
anything they say may be given in evidence
• must explain the young person’s right to see a
Under 17 lawyer, parent or other trusted adult in private
years of age and without delay
• cannot take a statement from the young
person without a parent or other adult support
person present.

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

When charging a young person, the Police:


• must tell the person that they are going to be
charged, and what the offences are
• inform the young person’s parent/guardian/
caregiver or other trusted person that the
young person has been charged and (if
Under 17
applicable) will have to appear in court
years of age
• provide the young person and their caregiver
with a written notice that the young person
has been charged. The notice must also
explain their rights and obligations through the
court case.

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LESSON 4: Rights and responsibilities when dealing with the Police

Try it for 1. Read the following statements and select whether


Yourself they are true or false.

You can be arrested if the Police: True False


Think you look guilty.
Want to stop you from interfering with a witness in relation to an
offence
Believe you have committed a serious crime and they need to
protect the public
Have a warrant for your arrest
Think you need to be taught a lesson
Don’t like the look of you
Need to stop you from committing more offences

2. Answer the following questions.


Tony is 13 years old. He has been caught shoplifting a DVD. Does the law consider
him to be a child, a young person or an 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?

Continued on next page...

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LESSON 4: Rights and responsibilities when dealing with the Police

What details is a person required to give the Police if asked?

3. The statements below refer to an individual’s rights and obligations when


arrested by the Police. Circle which of the statements below are true.
As an arrested person you have the right to:
A. be told you are under arrest
B. be told what you have been arrested for
C. say whatever you want to
D. speak to a lawyer
E. leave at any time

If you are under 17 you also have the right to:
A. contact a trusted adult of your choice as a support person
B. choose whether to go home or stay in police custody

As an arrested person you have the following obligations:
A. To go quietly and peacefully.
B. To tell the Police the truth about everything that happened.
C. To go with Police to the Police Station.

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LESSON 4: Rights and responsibilities when dealing with the Police

Your rights and obligations in


relation to Police law enforcement

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 questioned by the Police


Both adults and young persons are required to give their name,
address, occupation (or place of learning) to the police. They must
answer honestly and accurately.
Both adults and young persons do have the right to remain silent and
not answer any additional questions.

Being stopped by the Police


Both adults and young persons who are stopped by the Police have
the right to ask what they were stopped for, and the right to remain
silent once they have provided their personal details.
If the person who is stopped is driving, they are obliged to show
the Police Officer their driver’s licence. Adults are required to tell the
Police the name of the owner of the vehicle, if this is requested. Young
persons are required to give their name, address and occupation or
school as well as the name of the vehicle’s owner.

A few weeks ago I was stopped by the Police


while I was driving home from work. I asked the
Police officer why he stopped me. The Police
officer said that it was part of a routine warrant
of fitness check. I gave the Police officer my
details, including my name, telephone number
and name of school. I also showed him a copy
of my driver’s licence.

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LESSON 4: Rights and responsibilities when dealing with the Police

Being searched by the Police


Both adults and young people can refuse to let their person, house or
car be searched unless the Police Officer has a warrant, or has good
reason to believe they will find drugs or illegal firearms.
If the Police have a warrant, all individuals are obliged to allow the
Police onto the property and must not obstruct the Police in carrying
out their warrant.
Also, if an adult or young person has been arrested, the Police have
the right to search them.
Females can ask to be searched by a female Police Officer, and all
individuals should ask to see the Police Officer’s identification if the
Officer is not in uniform.

At the start of the year my car was stopped


by the Police. They said they were completing
routine inspections of child car seats and child
restraints. The police were happy with the way
my car seats were fitted and I was free to drive
away after their search was completed.

Being arrested by the Police


If a young person or adult is arrested, they must go to the Police
Station without struggling.
A young person has the right to speak to any trusted adult and their
lawyer. An adult has the right to speak to their lawyer.

Called upon by the police for assistance


Adults and young persons have the right to refuse to provide
assistance in a Police investigation.

Yesterday there was a car accident outside my


house. The Police Officer asked me to assist
while we were waiting for the ambulance to
arrive. I could have refused his request, but
I wanted to help the people involved in the
accident.

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LESSON 4: Rights and responsibilities when dealing with the Police

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.

I was the witness of an assault. Initially I didn’t


want to give evidence because I didn’t want
to get involved in the situation. However, the
Police said that they would have to issue a
summons if I refused 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.

What should Darren have done when he was stopped?

Continued on next page...

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LESSON 4: Rights and responsibilities when dealing with the Police

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.

Name one right and one obligation that Marama has.

Right

Obligation

Making a complaint about the Police

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.

Serious complaints are those that


involve claims of Police misconduct,
Serious
neglect of duty, or grievances
complaints concerning the actions or processes
of 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.

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LESSON 4: Rights and responsibilities when dealing with the Police

Where can I make a complaint?

Online to the IPCA


(The Independent
Telephoning the IPCA
Police Conduct
on 0800 503 728
Authority) at www.
ipca.govt.nz
Completing a
complaint form,
available from a
police station or from
the Independent Police
Conduct Authority (the
forms can also be
downloaded from the
IPCA website)

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

What information should I provide when making a


complaint?
When making a complaint, whether you do it verbally, in writing, or
online, it is important to provide as much detail as possible. This
should include:
1. your name
2. your contact details
3. a detailed description of
• what happened and the reason for your complaint
• the date, time and location of the incident that led to your
complaint
• the names of people involved

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LESSON 4: Rights and responsibilities when dealing with the Police

• the names of the Police employees involved, if known


• details of any documents, records or witnesses who might
be able to help in resolving your complaint
• any other information you consider relevant.

What happens once you have made a complaint?

1 Once you have made a complaint you should receive a letter


stating that your complaint has been received.

The Independent Police Conduct Authority will examine the


2 complaint and decide whether to carry out an investigation.
Complaints which are considered to be trivial, or which
purposely set out to harass or annoy, will not be taken further.

Police investigators carry out the majority of investigations


3 and these are then reviewed by the Authority. For complaints
of a more serious nature, the Police Commissioner will either
arrange a Police investigation, or staff from the Police Complaints
Authority will carry out the investigation.

The Police Officer against whom the complaint is made will be


4 interviewed. You (the Complainant) will also be interviewed.
Any witnesses will be interviewed and asked to make statements
and, where necessary, to provide other information.

Once the investigation is completed you will be contacted and


5 advised of the decision that has been reached by the Police
Investigator. The Authority will usually conduct a review of the
investigation and will advise you of the result.

Only the Commissioner of Police can make a final decision that


6 directs that disciplinary action will be taken against the Police
Officer(s) involved. The Authority does not have the power
to direct disciplinary action, although it can recommend such
action.

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LESSON 4: Rights and responsibilities when dealing with the Police

Try it for 1. Name some ways you can lodge a complaint against
Yourself the Police:

2. Why do you think it is important, when lodging a complaint, to provide as much


detail about your complaint as possible?

3. List some types of information that should be included when making a complaint
against the Police:

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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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Hamilton 3216
Phone: 0800 864 863
E-mail: instant@atc.org.nz

www.instant.org.nz

© ATC New Zealand

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