Law
What information do I have to give the police if I’m not under arrest?
With a few exceptions, the police have no power to make you give them information when you’re not under arrest – for example, if they just see you walking in the street late at night. They don’t even have the power to get you to tell them your name and address and other personal details.
Land Transport Act 1998, ss 113, 114; Sale and Supply of Alcohol Act 2012, s 269
In some situations, however, the police have specific legal powers to require people to give them particular information. These are two common situations when they can do this:
With a few exceptions, the police have no power to make you give them information when you’re not under arrest – for example, if they just see you walking in the street late at night. They don’t even have the power to get you to tell them your name and address and other personal details.
Land Transport Act 1998, ss 113, 114; Sale and Supply of Alcohol Act 2012, s 269
In some situations, however, the police have specific legal powers to require people to give them particular information. These are two common situations when they can do this:
- Driving – If you’re driving, the police can stop you and ask you for your name, address and date of birth, and the name of the vehicle’s owner if it’s not yours (see the chapter “Driving and traffic law”).
- Alcohol offences – If the police suspect you of committing an offence against the sale of alcohol laws, they can require you to give them for your name, address and date of birth.
Are the police allowed to ask me questions?
High Court Practice Note [2007] 3 NZLR 297
If you encounter the police when, for example, you’re just walking down the street, they’re allowed to ask you questions if they think you might have useful information about a crime they’re investigating.
But the police aren’t allowed to tell you, or suggest to you, that you have to answer the questions.
High Court Practice Note [2007] 3 NZLR 297
If you encounter the police when, for example, you’re just walking down the street, they’re allowed to ask you questions if they think you might have useful information about a crime they’re investigating.
But the police aren’t allowed to tell you, or suggest to you, that you have to answer the questions.
What are my rights when the police are holding me and questioning me?
High Court Practice Note [2007] 3 NZLR 297
If the police are holding you (whether or not you’re under arrest) and they want to question you, they first have to tell you these basic rights:
High Court Practice Note [2007] 3 NZLR 297
If the police are holding you (whether or not you’re under arrest) and they want to question you, they first have to tell you these basic rights:
- You can keep quiet! – The police have to tell you that you don’t have to answer any of their questions or say anything at all. You can just stay silent.
- You can talk to a lawyer – They have to tell you that you’ve got the right to talk to a lawyer, in private, and without any unreasonable delay, before you decide whether or not to answer the police’s questions. They also have to tell you that you can talk to a lawyer for free under the Police Detention Legal Assistance scheme (see the chapter “Legal Aid and other legal help”).
- What you say can be used against you – The police have to tell you that anything you say to them will be recorded and can be given as evidence in court later on.
What information do I have to give the police if they’ve arrested me?
Policing Act 2008, s 32; New Zealand Bill of Rights Act 1990, s 23
If you’ve been arrested and are in police custody you have to give the police your name, age, date of birth and address. You also have to let them photograph
you and take your fingerprints.
You don’t have to give the police any information other than those identifying details.
Policing Act 2008, s 32; New Zealand Bill of Rights Act 1990, s 23
If you’ve been arrested and are in police custody you have to give the police your name, age, date of birth and address. You also have to let them photograph
you and take your fingerprints.
You don’t have to give the police any information other than those identifying details.
Search of property without warrant under statutory power
The police have the power to search buildings, vehicles and other property without a warrant in certain situations. Here are three of the most common situations:
Search and Surveillance Act 2012, s 20
The police have the power to search buildings, vehicles and other property without a warrant in certain situations. Here are three of the most common situations:
Search and Surveillance Act 2012, s 20
- Drugs – The police can enter and search a place or vehicle if they have reasonable grounds for believing that it contains certain illegal drugs, and a drug offence is taking place or about to take place, and it’s not practicable to get a warrant.
- Weapons – The police can enter and search any place or vehicle, if they have reason to suspect that there are firearms, ammunition, explosives or restricted weapons that are there in violation of certain sections of the Arms Act or that were used in a serious crime.
- Vehicles – The police have various “stop and search” powers that authorise them to search vehicles. For example, they can search any vehicle not on private land if they’ve got reasonable grounds to believe it contains evidence of a serious crime (one punishable by a jail term of 14 years or more, like rape or aggravated robbery). Specific conditions are set down for the exercise of these powers.
Can you be charged for drunk driving an E-scooter?
No, you cannot be charged with drunk driving in relation to driving an electric scooter.
When someone is charged with drunk driving, the basis of the charge is that they drove a motor vehicle, on a road, while the proportion of alcohol in their breath or blood exceeded the legal limit.
The key is whether an electric scooter falls within the classification of a "motor vehicle" under the Land Transport Act 1998.
Under section 168A(2) of the Land Transport Act the NZ Transport agency can declare that a particular type of vehicle does not fall within the definition of a "motor vehicle" and ahead of the introduction of Lime scooters that's exactly what the NZ Transport agency has done.
By notice dated 18th September 2018 NZ Transport have declared that an electric scooter is not a motor vehicle.
No, you cannot be charged with drunk driving in relation to driving an electric scooter.
When someone is charged with drunk driving, the basis of the charge is that they drove a motor vehicle, on a road, while the proportion of alcohol in their breath or blood exceeded the legal limit.
The key is whether an electric scooter falls within the classification of a "motor vehicle" under the Land Transport Act 1998.
Under section 168A(2) of the Land Transport Act the NZ Transport agency can declare that a particular type of vehicle does not fall within the definition of a "motor vehicle" and ahead of the introduction of Lime scooters that's exactly what the NZ Transport agency has done.
By notice dated 18th September 2018 NZ Transport have declared that an electric scooter is not a motor vehicle.
New Zealand Bill of Rights Act 1990
22.Liberty of the person
Everyone has the right not to be arbitrarily arrested or detained.
22.Liberty of the person
Everyone has the right not to be arbitrarily arrested or detained.
From Gemini
In New Zealand, police officers have the power to detain and search individuals under certain circumstances. These circumstances are outlined in the Crimes Act 1961.
Grounds for detention and search include:
If you believe that you have been unlawfully detained or searched by the police, you should seek legal advice from a lawyer.
Grounds for detention and search include:
- Arrest warrant: If the police have a valid arrest warrant issued by a court, they can detain and search the person named in the warrant.
- Reasonable suspicion of arrestable offense: If a police officer has reasonable suspicion that a person is about to commit, or has committed, an arrestable offense, they can detain and search that person. An arrestable offense is a serious criminal offense that carries a potential penalty of imprisonment.
- Reasonable suspicion of possession of stolen property: If a police officer has reasonable suspicion that a person is in possession of stolen property, they can detain and search that person.
- Reasonable suspicion of possession of a dangerous or offensive weapon: If a police officer has reasonable suspicion that a person is in possession of a dangerous or offensive weapon, they can detain and search that person.
- Reasonable suspicion of possession of a controlled drug: If a police officer has reasonable suspicion that a person is in possession of a controlled drug, they can detain and search that person.
- Reasonable suspicion of being a fugitive: If a police officer has reasonable suspicion that a person is a fugitive from justice, they can detain and search that person.
If you believe that you have been unlawfully detained or searched by the police, you should seek legal advice from a lawyer.
When police detain and search you in New Zealand, they must inform you of the following:
- The reason for your detention: They must tell you why they are detaining you. This could be based on an arrest warrant, reasonable suspicion of a crime, or other grounds allowed by law.
- Your right to remain silent: You have the right to remain silent and not answer any questions.
- Your right to a lawyer: You have the right to speak to a lawyer at any time. If you can't afford a lawyer, you can request legal aid.
- The scope of the search: They must tell you what they are searching for and where they will be searching.
- Your right to complain: You have the right to complain about the detention and search if you believe it was unlawful.
If you believe you have been unlawfully detained or arrested in New Zealand, you have several options:
- Complain to the police: You can file a complaint with the police department that detained or arrested you. They will investigate the matter and take appropriate action if necessary.
- Contact the Independent Police Conduct Authority (IPCA): The IPCA is an independent agency that investigates complaints against the police. You can contact them to report your case.
- Seek legal advice: Consult with a lawyer who specializes in criminal law. They can advise you on your legal rights and options, and represent you in any legal proceedings.
- File a civil lawsuit: In some cases, you may be able to file a civil lawsuit against the police for unlawful detention or arrest. However, this is a complex process and should only be considered with the advice of a lawyer.
