CPK Flashcards

Question

OT ACT 1989 Section 229 – Parents or guardians or other persons to be informed where child or young person at enforcement agency office for questioning in relation to commission or possible commission of offence or is arrested

Answer 1

When a CYP is brought back to a police station for questioning /under arrest their parent/ guardian/ carer/ nominated person must be notified ASAP that they are at the police station. if the nominated person is not a parent or guardian- a parent or guardian must also be notified. they must be told that the CYP is at the police station and why. The parent/ guardian/ NP must be told that -they are entitled to visit the CYP -the rights of the CYP - given the chance to privately consult with the CYP.

Answer 2

For the purposes of S229 (P/G/NP informed of CYP arrest/ questioning at station) the following persons may be nominated by that CYP. Adult family member/whanua Any other adult chosen by the CPY Guardian Parent if the CYP refuses to nominate a person then another adult may be chosen by Police (not another police officer) Police may refuse a nominated person if RGTB they would attempt to pervert the course of justice. The CYP may choose another NP if that is the case. It is NP duty to ensure that the CYP understands the matters being explained to them. Support them before/ during/ after interviewing/questioning.

Answer 3

EBA procedures takes presedence and do not need to be conducted with a P/G/ NP/ Lawyer present (Requiring a delay to wait for a support person could compromise the accuracy of the test results.) (Requiring a P/G/NP/ Lawyer present is in relation to CYP being questioned/ providing statements)

Answer 4

when a CYP is arrested there are three custody options: Release without charge. Release on bail. Placed into custody of a peson/ organisation. Custody can be given to: A P/G Iwi social services/ cultural services if CYP agrees. Any person/ organisation agreed by a constable or CE of OT if the child agrees.

Answer 5

If police believe WEEP CYP to be placed in OT care no more than 24 hrs after arrest. When released into OT care the following information must be provided: Identity of child. circumstances of K9 date/time of court appearance

Answer 6

YP (14 yrs or older) can be held in police custody for more than 24 hrs and until their court appearance if the following criteria can be met: -Joint approval of inspector or above and OT. - RGTB the YP will abscond or be violent. - there are no other suitable alternatives available.

Answer 7

Section 39 warrant allows searching for the child taking all necessary and reasonable steps to ensure childs safety/ welfare like -checking CYP physical condition -assessing living conditions -looking for food and other neccessities to determine if CYP is being neglected. Drugs found during a legitamite search under Section 39 warrant are admissible in court provided that the search wasnt a pretext for a drug search.

Answer 8

A search warrant was conducted on address for manufacture of meth. OT social workers attended search warrant and uplifted the suspects children at the address under S42- emergency uplift powers. Courts found that children were not at imminent risk of serious injury/ death at the time that S42 was invoked. Lower threshold powers should have been considered such as warrant under S39 or S40.

Answer 9

Section 48 is a welfare provision not a criminal provision Section 48 is for the purpose of removing a CYP from a place when the CYP physical /mental welbeing is likely to be impaired. Police may use this power to remove CYP and return them to P/G with CYP consent. If the CYP does not consent to being returned to P/G, Police cannot hold them in police cell as this would be an unlawful detention and does not take the CYP's welbeing into consideration. Police must place CYP in care of OT if the CYP does not consent to going to P/G.

Answer 10

It is not for police to veto the CYP choice of NP. They should only choose a NP for the CYP if their choice of NP is deemed likely to pervert the course of justice, or if the CYP refused/ fails to noinate an adult/ tht adult cannot be found/ is not available within a reasonable amount of time

Answer 11

The court held that police seeking to resolve cases by seeking admissions and indicating that there is no intention to charge should ensure that they are very specific about the boundaries of that offer. IE ensuring the CYP understands that this offer does not necessarily extend to admissions about other offending. If the CYP speaks to the officer about other offending this may not be treated as a spontanious admission as per S223 therefore further admissions may not be admissable.

Answer 12

physical sexual psychological abuse within family relationships.

Answer 13

Slow/stop the family harm cycle reduce serious harm reduce family related homicides.

Answer 14

all parties kept safe collect specific risk information to enable effective assessments/ planning/ risk management. Culturally responsive eyes wide open approach- early intervention holding offenders accountable working collaboratively across police / partner agencies.

Answer 15

Lack of: life skills. Parenting skills. social networks. education health care Employment Financial stability NEGATIVE BEHAVIOURS - family violence. -child abuse/ neglect. -sexual violence. - alchocol/ drugs.

Answer 16

-bad health. -criminal behaviour. -dysfunctional families - mental health issues - adverse educational outcomes -adverse economical outcomes.

Answer 17

increased chances of mental health alcohol/ drugs abuse. suicide becoming an offending/ becoming a victim. learning difficulties social difficulties.

Answer 18

Large use of tech to inflict harm. also includes increasing cases of young people using family harm against parents and caregivers.

Answer 19

Elder abuse Honour based. LGBTQI Teen dating.

Answer 20

often children against parents. most commonly, psychological and financial abuse. Under reported due to shame / inability to speak out.

Answer 21

committed to protect or defend the honour of a family and/or community. women largely the victim of this type of harm can look like- acid attacks blood feuds bigamy coersed marriage. kidnapping forced repatriation genital mutilation honour killings. sexual attacks

Answer 22

Is a PSO or protection in place? Does a PSO need to be served? IS there enough for an arrest where a protection order can be sought? If a PSO is issued- firearms licence is suspended. If protection order in place- firearms licence is revoked. Fire arms / relating paraphenalia must be surrendered.

Answer 23

Firearms Search and Seizure (FSS) notifications database and PROP

Answer 24

1. RIOD – in the daily occurrence log via the DCC. 2. Gun Safe – RIOD Firearms Event Log.

Answer 25

often become reluctant witnesses during the prosecution process or later minimise the violence. Some victims are pressured withdraw by the suspect/offender.

Answer 26

when property or protection orders are breached and there is sufficient evidence you must: charge them for that breach not release them on bail for 24 hrs unless there is a court hearing earlier than that.

Answer 27

when you have the authority of a sgt or higher

Answer 28

Intimate partners family membes flat mates

Answer 29

A substantive Sgt or higher.

Answer 30

necessary in an emergency permitted under special conditions of protection orders ncessary for parties to attend FGC necessary for parties to attend court

Answer 31

A parenting order is suspended for duration of PSO

Answer 32

Yes, if arrest made but insufficiant to charge a PSO can still be served

Answer 33

No offending party must be 16+ yrs unless the order is justified by special circumstances.

Answer 34

up to 2 hrs the countdown commences when it is deemed a pso is necessary

Answer 35

Yes you can apply for a warrant and execute it within a month of the breach. If you exceed a month and the warrant hasnt been actioned then you must request that the warrant be withdrawn through the courts.

Answer 36

- continue the existing PSO - issue a new PSO -Adjourn to consider if a temp protection order should be issued

Answer 37

* make three attempts of telephone calls within one hour *4Q follow up * update the NIA

Answer 38

a Senior Sgt provided they have consulted OT re placement status

Answer 39

When the respondant has a firearms licence when the respondant likely has access to firearms. when they are a risk to the server when the PO is granted without notice.

Answer 40

An adult child is still covered under the applicants PO until they leave home or the order is discharged. Adult children not living with the applicant must be identified as specified persons or the adult child needs to apply for their own PO

Answer 41

Applicants (including parents) cannot apply for POs against children younger than 16. The order needs to be justified under special circumstances

Answer 42

3 days of the power being exercised.

Answer 43

serving officer must send a copy to to district commander.

Answer 44

a person isn't considered to be sharing a household with someone else if their only relationship is that of a landlord-tenant or employer-employee, even if they live in the same house.

Answer 45

Employer- employee Employee- employee

Answer 46

It may be a breach for the respondant of a protection order to post abusive comments about the applicant if it is possible for those comments to be shared with the applicant. This upholds the fact that abuse does not need to be addressed directly at the applicant and there doesn’t need to be direct evidence the abuser intended the protected person to see or hear the abuse.

Answer 47

* provide information/ educational material * issue warning letters * issue an improvement notice requiring corrective action if the licence holder is failing, has failed or likely to fail to comply with a provisions or regulations relating to the Arms Act 1983 * prescribe conditions on a dealer’s or firearms licence * issue a notice of temporary suspension or notice of consideration of revocation of a firearms licence * revoke a firearms or dealer’s licence, or an endorsement.

Answer 48

Seriousness of conduct Circumstances surrounding offending. Totality of behaviour- multiple breaches/harmful behaviour/ historical behaviour. Risk to self and others. Conduct of person breaching Public interest Attitude to compliance

Answer 49

Willing and can comply willing and cant comply unwilling to comply intentially uncompliant

Answer 50

They will be disqualified from obtaining a firearms licence if they have within the last 10 years, have been convicted or released from custody for some offences against the arms act 1983 serious violence some offences against the crimes act 1961 some offences against the misuse of drugs act 1975 Is the respondant of a PO

Answer 51

Someone who is in a custodial facility while serving the sentence of imprisonment

Answer 52

Their firearms licence is immediately revoked. Written notice should be provided to the licence holder promptly after disqualifying event and their firearms and licence demanded and collected.

Answer 53

If they reapply for a firearms licence they will be treated the same as others applying under the new law and they may be treated as a disqualified person and their firearms licence will not be renewed.

Answer 54

they will still be disqualified for 10 years from the date when the (final) protection order was originally “made”.

Answer 55

Under the Trespass Act 1980, a person who commits a trespass offense while carrying weapon can = 2 year disqual from having FAL

Answer 56

any airgun air rifle gun rifle or any weapon or device from which a shot, bullet, arrow, tranquillising dart, or other missile can be discharged.

Answer 57

If someone is served with a PSO that persons firearms licence is suspended for the length of the PSO. They must surrender weapons/ FAL to Police that they own or control

Answer 58

any airgun ammunition explosive firearm, , pistol prohibited magazine prohibited part restricted weapon

Answer 59

It is a standard condition of a PO that a respondant not Possess/ control any weapons/firearms. Not hold a FAL Surrender weapns/FA/ FAL to police

Answer 60

Temp PO- FAL suspended. if the final PO is not granted and that person is found fit to hold FAL then their FAL and FA will be no longer be suspended. Final PO- FAL revoked. They can not longer hold a FAL and all FA will be surrendered to Police. The firearms resolution team will send notice to the respondant regarding surrender of FAL and FA. This cannot be appealed.

Answer 61

A Family Court can remove the weapons condition from a Protection Order. However, this doesn't guarantee a person will be granted a firearms license. Even if the condition is removed, police are not obligated to issue a license, as the applicant is still disqualified under Section 22H of the Arms Act if a Protection Order is still in force or was made within the previous 10 years.

Answer 62

any person in occupation of a property or driving a vehicle is deemed to be in possession of any firearm, airgun, or other weapon found there. This presumption stands unless the person can prove that the item was not their property and was in the possession of someone else.

Answer 63

A person in possession of any arms item or ammunition must provide their full name, address, and date of birth to a police officer on demand. If they refuse to provide this information or give false details, police may caution that person then arrested without a warrant. This act of refusal or willingly giving false information is an offense that can lead to a fine of up to $10,000 or a prison term not exceeding 6 months.

Answer 64

This case demonstrates that Section 66 is a 'deeming' provision, meaning an individual can be legally presumed to be in possession of weapons or ammunition if they were in control of the property where the items were found. This presumption can be countered if the defense proves, on a balance of probabilities, that the weapons were in another person's possession, not the accused's.

Answer 65

WO lawful authority/ Reasonable excuse has on him/her in any public place any knife/ disabling substance OR has in his/her possession in any place an offensive weapon/ disabling substance in circumstances prima facie shows intent to use it to commit an offence involving bodily injury / threat violence

Answer 66

liable to imprisonment for a term not exceeding 3 years

Answer 67

any article made or altered for use for causing bodily injury, or intended or capable to cause boldily injury

Answer 68

anaesthetising or other substance produced for use for disabling persons or intended to be used for disabling another person

Answer 69

A constable with RGTS may search WoW: -a person -Anything in that persons pocession (incl a vehicle) Enter a: -Place -Vehicle Seize and detain: -Any arms found -Any FAL If that person is carrying/ possession of/ under their control: -breaching Arms Act 1983 - has a mental / physical condition which makes them: --incapable of proper control --may kill/ cause bodily injury -- PO in place --grounds to make an application for a PO Or if RGTS cat 3/4 offence/ arms act offence has/is/will be committed EM wil be CADD

Answer 70

Level one responders

Answer 71

Airport duties Apart of AOS/ STG / Protection services. Destroy an animal PCA= GBH /death. Escorting persons with valuables as auth by area commander. temp carriage has been authorised by inspector or above due. training

Answer 72

Advise immediate supervisor and Comms

Answer 73

- Constant TENR - take situation seriously. - If offenders actions permit focus on deseculate/ comms/ cordoning area/ negotiate surrender. - Dont unnessarily go into danger- though if casualties are likely police must act immediately. -Treat all armed/ believed to be armed offenders as dangerous. - Dont use firearms unless it can be done without endangering others.

Answer 74

the operation or unit command at briefings supervisors deploying staff staff deployed to jobs.

Answer 75

39- K9 / resist arrest. 40- Escape 48- defend self or a mate

Answer 76

Comms- can this be deesculated. less violent alternatives Delay- would further delay be dangerous or impractical

Answer 77

General rule no unless the suspect has been asked to surrender and has not done so and it is clearly aimed as a warning shot.

Answer 78

Take control of scene. First Aid Manage scene Inform district commander

Answer 79

1. Mark discharged employees position, empty cartridge cases, bullet fragments, any other items associated with the discharge. 2. preserve cartridge cases, bullets, bullet fragments where possible. 3. Make FA safe and secure FA and remaining rounds (DO NOT REMOVE ANYTHING FROM THE FIREARM OR ALTER IT) 4. Preserve/ photograph the scene. 5. Advise employees immediate supervisor who will inform district commander 6. Commence review / investigation 7. Debrief.

Answer 80

Mechanical fault operators error

Answer 81

employee must inform supervisor ASAP Supervisor will: 1. Mark discharged employees position, empty cartridge cases, bullet fragments, any other items associated with the discharge. 2. preserve cartridge cases, bullets, bullet fragments where possible. 3. Make FA safe and secure FA and remaining rounds (DO NOT REMOVE ANYTHING FROM THE FIREARM OR ALTER IT) 4. Preserve/ photograph the scene. 5. Advise employees immediate supervisor who will inform district commander --Inform District Police integrity and conduct manager. --Instigate a review/ debrief. --Send FA/ bullets to police armory for examination.

Answer 82

When firearms are: Presented. Discharged- intentional/ unintentional. (not training) Destruction of an animal.

Answer 83

A Tactical Options (Fatality or Non-fatal Police Shooting) Report

Answer 84

inform direct supervisor ensure post incident procedures are completed

Answer 85

1. Consult with person who deployed taser if your physical presene is required (consider facetime if it is impractical for you to go) 2. Ensure aftercare. 3. Evidence- - photgraphs taken -discharges cartridges/ wires/ probes/ sufficient cartridge ID tags are recovered and secured. 4. Ensure subject has been checked over by a Dr or qualified ambulance officer and this is recorded on pol42- post taser exposure medical examination form. 5. ensure operator has records details in taser register. 6. ensure a TOR is completed by operator. 7. ensure operator involved uploads their taser footage into evidence sync. 8. review footage , event logs, TOR to determine proper/ legal use- record outcome in TOR.

Answer 86

1. ensure operator completes TOR 2. Ensure operator records details in taser register. 3. Ensure operator uploads footage. 4. review footage, determine if show was proper/legal 5. debrief operator

Answer 87

Handled by CJSU Contact CJSU for footage to either be digitally/ physically shared

Answer 88

Forward to director of capabilities PNHQ

Answer 89

user error mechanical fault

Answer 90

Operator must contact supervisor ASAP Supervisor- 1 Preserve and photograph the scene 2 Immediately withdraw the TASER from service and consult with the Police national Armoury as to whether or not the particular TASER and associated evidence is forwarded to them for examination and a report. 3 Ensure that all evidence, including the subject TASER, discharged cartridges, wires, probes and sufficient (4-5) cartridge identification tags (CIT), are recovered from the scene and secured. 4 Instigate a review of the facts surrounding the incident. 5 Ensure the operator(s) involved submits a TOR for unintentional discharge. 6 Ensure the operator(s) involved uploads the incident TASER footage and event logs into Evidence.Com via Evidence Sync (X2) or by docking the device battery (T10) and categorises the uploaded data including the TOR and event details. 7 Ensure the operator completes the details of the discharge in theTASER register. 8 Notify the district Professional Conduct Manager.

Answer 91

* receive a report of the death from Police * decide whether to direct a post mortem and if one is directed whether to authorise certain people (other than the pathologist) to attend * be satisfied with the evidence supporting the identification of the deceased * authorise the release of the body * decide whether to open an inquiry and if one is to be conducted whether an inquest should be held (s41(1))

Answer 92

Act on behalf of the coroner Investigate unexplained/ sus deaths. support family

Answer 93

Purpose of Coroners Act 2006 is to prvent deaths/ promote justice by investigating deaths making recommendations that may reduce chances of that type of death occuring again

Answer 94

* a death that appears to have been without known cause, or suicide, or unnatural or violent * a death that occurred during medical, surgical or dental treatment, * any death while the woman concerned was giving birth, or that appears to have been a result of that woman being pregnant or giving birth * a death in official custody or care (s13) * a death for which no doctor has given a doctor’s certificate.

Answer 95

A Police officer who finds a body in New Zealand or receives a report of a death under s14, must report that death immediately to the duty coroner Police do so by calling the National Initial Investigation Office (NIIO).

Answer 96

* manage the cases from the time the death is reported to the duty coroner until the deceased is released to family * keep the families informed as to what is happening throughout the early stages of the coronial process (except where the death is considered suspicious) * be the conduit and contact centre for the next of kin at the conclusion of Police attendance.

Answer 97

From the time that the death is reported to the coroner- the body is in the custody of the body (exclusively) The duty coroner will * decide whether coronial jurisdiction will be taken over the death * to direct the contracted transport provider to attend the scene *decide whether verification of death has been adequately established * decide whether evidence of identification of the deceased is adequate * whether to direct a post-mortem and if so, the level of any post-mortem (full post-mortem or lesser post-mortem) * decide who may attend at the post-mortem * decide when the body can be released.

Answer 98

conclude coronial investigation W/O opening an enquiry. open inquiry but conclude WO it going to formal court hearing. Open an inquiery and conduct formal hearing in coroners court

Answer 99

* No Dr could/ would sign off death. * Satisfied with findings from PM * circumstances of death do not otherwise require additional investigation.

Answer 100

A coroner's inquiry is opened to determine the cause and circumstances of a death and to make recommendations to prevent similar deaths in the future. As part of this process, a coroner has the power to direct police investigations and to compel evidence and reports from individuals. Based on the written evidence collected, the coroner may make a final determination without a formal public hearing, a process referred to as a "hearing on the papers."

Answer 101

* The need for evidence to be called and tested in open court * The need to openly address public speculation or rumours surrounding a death.

Answer 102

Ensure safety Use PPE Check for signs of life- CPR / Call ambo Inform supervisor of death Organise a duly qualified person to verify death If death is suspicious/ self inflicted/ child 2 or under- call supervisor and CIB. Freeze / Guard/ preserve until CIB arrive. Get verification of death before body is moved. If verification cannot be done before body is moved, Police remain in custody of body. Determine if the death is one that requires coroners attention (do not move body until you notify coroner) Complete a Deceased person notification

Answer 103

If the Dr provides a med cert and is certain the death is due to natural causes- you do not need to call the coroner, you can contact the family immediately for arrangements for funeral etc.

Answer 104

* Registered Medical practitioner * Nurse – Practitioner, Registered or Enrolled * Registered Midwife * Intensive Care Paramedic * Paramedic * Emergency Medical Technician.

Answer 105

deceased cannot leave police custody until verifcation of death is completed. Sudden death files can not be submitted with VOD's

Answer 106

Coroner will not release body until the body has been suitably identified.

Answer 107

1. visual ID 2. fingerprints 3. Ordontology. 4. Comparison identification process. 5. DNA

Answer 108

Consider taking a photo of the deceased at the time ID took place and attach to statement of ID to illustrate appearance. Photographs may assist coroner if they have any questions due to facial injury/ sickness. Do they look like they did when they were alive?

Answer 109

Contact your local SOCO/ fingerprints teams. You need authorisation from the coroner

Answer 110

You need auth from coroner. After auth is given from coroner, this is ran by SAR/DVI teams.

Answer 111

Contact SAR to engage DVI team.

Answer 112

Auth from coroner required

Answer 113

a police constable can obtain a person's identifying particulars—including name address date of birth photographs fingerprints if that person is in lawful custody for committing an offense. Can use reasonable force to obtain the above. If a person, after being cautioned, fails to comply with a police direction, they commit an offense punishable by up to 6 months in prison, a fine up to $5,000, or both.

Answer 114

RGTS offence commited suspect can be detained for the purpose of obtaining their identifying peticulars. reasonable force may be used to obtain particulars. If a person, after being cautioned, fails to comply with a police direction, they commit an offense punishable by up to 6 months in prison, a fine up to $5,000, or both.

Answer 115

A police constable can detain and take an intoxicated person into custody if they are in a public place (or trespassing) and are reasonably believed to be a danger to themselves, others, or property. This can only be done if it is not practical to get the person to their residence or a temporary shelter. A person detained under this power must be released as soon as they are no longer intoxicated and cannot be held for more than 12 hours. The detention period can be extended by a maximum of 12 hours, but only if a health practitioner determines the person remains a danger due to intoxication and alternative care is still not a practical option.

Answer 116

observably affected by alcohol, other drugs, or substances to such a degree that speech, balance, co-ordination, or behaviour is clearly impaired

Answer 117

They are unable to understand the nature or foresee the consequences of their decisions. They can understand the nature and foresee the consequences, but are unable to communicate their decisions. They are in a state of continuing unconsciousness.

Answer 118

A person who has an offense committed against them, or who suffers physical injury, or loss of or damage to property as a result of an offense. Family members of victims: A parent or legal guardian of a child victim, or an immediate family member of a person who is killed or incapacitated by an offense Emotional harm and family violence victims: For specific legal sections, the definition is expanded to include a person who suffers emotional harm from an offense, or who has experienced family violence, including a child or young person living with a family violence victim.

Answer 119

treat the victim with: compassion courtesy respect: dignity privacy

Answer 120

victims/ affected family members should have access to services if they have the following needs: counselling health legal medical, welfare

Answer 121

public agencies have an obligation to provide a victim with information about the support it is able to provide as soon as practicable after that agency comes into contact with the victim. It is not up to police to provide victims with information about the support that agencies can provide

Answer 122

ACC Corrections Health NZ Ministry of justice MSD Police

Answer 123

Victims must be informed about the progress of the investigation and prosecution of an offense. Investigating authorities, court staff, or the prosecutor must provide victims with information about: The status of the investigation and any charges laid or the reasons for not laying them. The victim's role as a witness. The possibility of a publication ban to protect the victim's identity. The dates and locations of all key court events, including the first court appearance, preliminary hearings, the trial, sentencing, and any appeals. The outcome of the prosecution, such as a guilty plea, conviction, sentence, or acquittal. (Police is the only entity that have a statutory obligation to do so)

Answer 124

Victim impact statements are formal information provided by a victim : to inform a judge when they're deciding on a sentence for an offender. to be used for a sentence indication, which helps an accused person decide whether to plead guilty.

Answer 125

The statement includes any information given by the victim. It can be a recording, summary, transcript, or a copy of the information. It may also include visual representations like photographs or drawings

Answer 126

inform the court about: the effects of the offending help the court understand the victim's perspective. inform the offender about the impact of their actions from the victim's point of view.

Answer 127

The prosecutor must make all reasonable efforts to collect information from the victim about: Any physical injury or emotional harm suffered due to the offense. Any loss or damage to property. Any other effects the offense has had on the victim. The Act also clarifies that this information can be collected from a child's parent or legal guardian, or from an immediate family member of a victim who is incapacitated.

Answer 128

Ideally at first appearance but must be provided by second appearance

Answer 129

Before collecting information, the prosecutor must make reasonable efforts to ensure the victim understands: The purpose of the information, which is for a victim impact statement. The legal obligations to provide true information, and that the information will be recorded and may be verified. The rules around disclosure, including who can see or copy the statement and any court-ordered restrictions on its distribution. The victim's views on whether the prosecutor should apply for any of those disclosure restrictions.

Answer 130

A "specified offence" is defined as any of the following: A sexual offence listed in specific parts or sections of the Crimes Act 1961. A serious assault that is not a sexual offence. An offence that resulted in a person's death, serious injury, or incapacity. Any other offence that causes the victim to have ongoing and reasonable fears for their own physical safety or that of their immediate family.

Answer 131

Victims who may go onto the VRN are those that fall into the special offence category. Victims should be told about their rights to be added to the VRN asap.

Answer 132

Absconding from home detention. Claim opportunities under the Prisoner and Victims Claims Act 2005. Convictions for breaching conditions of release. Deportation Hearings. Impending release from prison. Notification of the Parole Board’s decision. Pending parole hearings, and how to make submissions to the Parole Board. Recalls to prison. Temporary release or escape from prison.

Answer 133

if a victim of a specified offence is involved in a case where the accused person or offender applies for bail. In such a situation, the prosecutor is required to make every reasonable effort to: Find out the victim's views on the accused or offender being released on bail. Inform the court of these views.

Answer 134

police must inform victims of specified offences of their rights. The police must advise these victims of their right to ask for notice about the status of the offender and their right to appoint a representative to act on their behalf.

Answer 135

Victims of a crime who are registered to receive notifications can appoint a representative to act on their behalf. If a victim appoints a representative and informs the relevant agency, all required notifications will be sent to the representative instead of the victim. This representative acts as a go-between, receiving all information and passing on the victim's views and wishes (including those on bail) to the relevant agencies. This ensures the level of service and information provided to the victim does not change; it is simply delivered through an intermediary.

Answer 136

This section provides a formal complaint process for victims who believe their rights under the Act have not been met. If a victim or person believes they are entitled to a right but have not been accorded it, they may complain to one of the following: The person or agency responsible for providing the right. An Ombudsman (for complaints against an entity subject to that Act). The Independent Police Conduct Authority (if a constable is involved). The Privacy Commissioner (if the issue involves a privacy matter). Any person who receives a complaint must deal with it promptly and fairly.

Answer 137

Law enforcement agencies are required to return property held for evidence to its owner (who is not the offender) as soon as it is no longer needed for evidentiary purposes. However, this requirement does not apply if the owner informs the agency that they do not want the property back.

Answer 138

In an unplanned entry situation Police should: * immediately alert everyone of clan lab * immediately remove POIs from the premises * isolate the site and maintain a safety perimeter * preserve the crime scene * notify their duty Inspector or Duty NCO, contact the NCLRT and where appropriate the local fire service and ambulance * seek advice from a NCLRT member or Fire and Emergency New Zealand about decontamination procedures * everyone that entered that address must be decontaminated before interacting with any other persons. * seek medical advice if you experience any adverse effects.

Answer 139

A Sgt or above

Answer 140

A constable executing a search warrant issued under section 6 of the Misuse of Drugs Act 1975, for an offense under that Act, has the authority to search any person found within or on the place or vehicle specified in the warrant. This power to search is conditional on three requirements: The search warrant must be for a Misuse of Drugs Act 1975 offense A constable must be executing the warrant The person being searched must be in or on the location detailed in the warrant.

Answer 141

SEARCH CAR/ PLACE RGTB it is not practical to get a warrant RGTB drugs/ precurser in car or place. RGTS offence being commited against misuse of drugs act. Fear of CADD

Answer 142

A constable conducting a search of a place or vehicle under section 20 may, without a warrant, search any person found in or on the place or vehicle.

Answer 143

SEARCH PERSON RGTB drugs/ precurser on person RGTS offence being commited against misuse of drugs act.

Answer 144

RGTB person hid: Evidence of the offense they are charged with, or Any property whose possession is an offense under sections 6, 7, or 11 of the Misuse of Drugs Act. Request internal search of a person who has been arrested for certain offenses under the Misuse of Drugs Act 1975. This is permitted if the arrest is for: Section 6 (dealing with controlled drugs) Section 7 (possession and use of controlled drugs) Section 11 (theft of controlled drugs) Additionally, the constable must have "reasonable grounds" to believe the person has hidden within their body either: Evidence of the offense they are charged with, or Any property whose possession is an offense under sections 6, 7, or 11 of the Misuse of Drugs Act

Answer 145

examination of any part of the person’s body conducted by a medical practitioner nominated by a constable by means of: * an X-ray machine or other similar device * a manual or visual examination (whether or not facilitated by any instrument or device) through any body orifice.

Answer 146

a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but must not insert any instrument, device, or thing into any of those orifices. A visual examination in these circumstances is not an "internal search" and is permitted as part of a rub-down search.

Answer 147

by a registered medical practitioner

Answer 148

A medical practitioner must not conduct an internal examination if they: * consider that to do so may be prejudicial to the person’s health * as determined that the suspect will not voluntarily submit to an internal examination.

Answer 149

If a person does not consent to an internal examination under 23 and the court determined the order for an internal examination by a medical professional was justified and based on reasonable grounds. a court may: * decline to consider the person's bail application, and * may order that the person continue to be detained in Police custody, until the earlier of the following occurs: − the expiry of 2 days after the day on which they were required to permit an internal examination by a medical practitioner − they permit the examination to be conducted.

Answer 150

Police or customs during a controlled delivery RGTB in possession of: (a) a controlled drug: (b) a precursor substance: (c) a package in relation to which the Customs officer has replaced all or a portion of any controlled drug or precursor substance. (d evidential material in relation to the commission of an offence under section 6(1)(a) or 12AB of the Misuse of Drugs Act 1975. Can: (a) search a person involved in a delivery under s12 Misuse of Drugs Amendment Act 1978 (b) enter and search any place, craft or vehicle (c) seize anything that he or she has reasonable grounds to believe is a thing described in any of paragraphs (a) to (d) of subsection (2). (only during the course of delivery- not once it has been delivered)

Answer 151

enforcement officers are generally prohibited from conducting internal searches of a person's body. The only exception is a search of the mouth, which requires the person's consent. A constable cannot compel another person to perform an internal search, with one specific exception: as outlined in section 23 of the Act.

Answer 152

The court ruled that the power to search without a warrant is limited to specific types of drugs: those listed in the First Schedule, Part I of the Second Schedule, and Part I of the Third Schedule. This means the law deliberately excludes Class B and C drugs found in other parts of those schedules. The authority to search is only triggered when there is an objective belief that one of these expressly included drugs is present. The Hill case emphasized the need for police to have a specific and reasoned belief about the type of drug involved, not just a general suspicion.

Answer 153

evidence of demeanour and appearance alone is unlikely to justify a search under the Search and Surveillance Act or, any other police procedure requiring reasonable belief on the part of an officer.

Answer 154

suspect had something in her mouth during search warrant, physically restrained and told to spit out what was in her mouth. Appealed that this was an unreasonable search, deemed not an unreasonable search under section 124 ( internal search) as no internal search took place.

Answer 155

the mouth is not considered as a "private" as other internal parts of the body. If a person deliberately places a drug in their mouth to hide or destroy it during a search, police may use reasonable force to retrieve it. This action is considered even more justified if the person's actions have put their health or life at risk. The law implicitly recognizes that the mouth is sometimes used in ways that are not applicable to other internal body parts, justifying a more proactive police response in these specific circumstances. Retrieval of drugs, in this case was done by not putting fingers / instruments in mouths but applying pressure to the throat and blocking the nose.

Answer 156

Suspect had a package in his mouth. He refused (declined) to open his mouth (internal search) as requested (passive resistance) a lengthy physical struggle failed to overcome his resistance. Charged with obstruction which was appealed. Police cannot compel a person to open their mouth for an internal search without consent. Passive resistance is not considered obstruction in this context.

Answer 157

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;

Answer 158

Who can request help? Anyone who believes a person may be suffering from a mental disorder can request assistance from a "duly authorised officer" (DAO). What a DAO must do: Upon receiving a request, the DAO must first be satisfied there are reasonable grounds to believe the person may be suffering from a mental disorder. Deciding urgency: The DAO then decides whether the person needs an urgent examination for their own safety or the safety of others. Action based on urgency: If urgent: The DAO must attempt to get a mental health practitioner to examine the person. If not urgent: The DAO must assist in, or make, an application for a compulsory assessment of the person.

Answer 159

police may assist in the compulsory assessment and treatment process. gives a constable the authority to: Enter premises to assist a duly authorized officer (DAO) in taking a person for a mental health examination or to an assessment and treatment facility. Detain and or transport a person to a place of examination, assessment, or treatment for: -6 hours -The time it takes to conduct the examination. Take a patient back to a hospital if they are absent without leave. The police officer's powers under this section are intended to provide the necessary support for mental health professionals when a person is unwilling to comply with a compulsory assessment or treatment order. T

Answer 160

A constable can, if they have reasonable grounds to believe the person may be mentally disordered and it is desirable to act: Take the person to a police station, hospital, or another appropriate place. Arrange for a mental health practitioner to examine the person as soon as is practical. Detain the person at that location for up to six hours while waiting for the examination to be conducted. If, after the examination, the mental health practitioner believes the person may be mentally disordered and requires an urgent assessment, they must issue a certificate and make an application for a compulsory assessment. If they don't, the person must be released immediately.

Answer 161

If a police officer detains someone under Section 109 of the Mental Health Act 1992 and takes them to a hospital, they are not required to stay with that person indefinitely. The police officer's role under this section is to: Detain the person. Transport them to a police station, hospital, or another appropriate place. Arrange for a mental health practitioner to examine the person. The detention can last for up to six hours while waiting for the examination to be conducted. A recent change in New Zealand Police policy, as part of the Mental Health Response Change Programme, is to streamline this process. Police officers who transport a person detained under the Mental Health Act to an Emergency Department (ED) now aim to hand over the individual to health staff and depart within 60 minutes, unless there is an immediate risk to life or safety. Once the person has been handed over to the care of a mental health practitioner and the hospital, the police officer's responsibility under Section 109 has been fulfilled. The person's care and further legal process then fall under the authority of the mental health service and the legal framework of the Mental Health Act.

Answer 162

when a mental health practitioner has determined that a person requires an urgent examination or assessment, and they need police assistance to carry it out, a constable may: Enter the premises where the person is located. (If not in uniform, the constable must show their police identification). At the request of the mental health practitioner, detain the person at their current location or take and detain them at a place nominated by the practitioner. Dentention is for 6 hours or the time it takes to carry out the actions described, which ever is quicker.

Answer 163

he use of force is permitted only in an emergency and must be reasonably necessary for the circumstances. It applies to situations where a person is being: Taken or retaken for examination or treatment. Detained at a hospital or other facility. Transported while under a compulsory treatment order. Premises are being entered under the authority of the Act. If force has been used under this section,— (a) The circumstances in which the force was used must be recorded as soon as practicable; and (b) A copy of the record must be given to the Director of Area Mental Health Services as soon as practicable.

Answer 164

The Mental Health Response Change Programme (MHRCP) details the thresholds and criteria for Police's involvement. The programme’s aim is to support Police’s focus on core policing functions, which means Police will only be involved where it identifies: * an immediate serious risk to life or safety; or * a criminal offence or activity that meets Police’s normal attendance threshold.

Answer 165

* focus on mana enhancing interactions, ensuring the person's dignity and human rights are upheld * liaise with other agencies, family/whānau/carers, and other social supports as they will hold key information and are often best placed to care for that person * use Prevention First – where appropriate, consider using Police discretion and alternative resolutions when someone in mental distress is an offender * ensure risk information is shared when passing a person into the care of a DAO. This includes disclosing threats or words around suicidal intent or any other relevant risk.

Answer 166

brain injury or illness intellectual disability mental disorder mental distress physical condition (e.g., metabolic imbalance, diabetic hypoglycemia, or infection)

Answer 167

investigating officers should provide risk info relevant statements relevant notebooks when handing over a person to another agency for the purpose of MH. Do not share share photos of another person or injuries unless they are needed to support mental health assessment

Answer 168

Behavioural descriptors: * Disordered thought * Delusions * Imminent risk of physical harm * Hallucinations Disturbance of: − Orientation − Memory − perception * Impulsivity or recklessness * Unregulated or extreme emotion * Perception of being a burden, isolation, hopelessness.

Answer 169

* alcohol and drug use (including misuse of medications or interactions between them) * physical disability or impairment * neurological impairment, intellectual disability, dementia, or acquired brain injuries, etc * developmental disabilities, eg autism spectrum disorder, foetal alcohol disorder, language/speech disorders * medical conditions, eg diabetes, delirium, infection, dehydration (especially in the elderly).

Answer 170

MH (CAT) Act- primarily to people with a diagnosed or apparent mental disorder where their mental condition poses a threat to the health or safety of themselves or others, or seriously diminishes their capacity to look after themselves, requiring professional MH intervention. Criminal Procedure (Mentally Impaired Persons) Act 2003- people with an intellectual disability who are charged with, or convicted of, an offence. This Act gives the courts appropriate options for their compulsory care and rehabilitation.

Answer 171

Police involvement in mental health events is primarily to assist Mental Health (MH) services, not to lead them. They have the authority to act alone under Sections 109, 32, and 53 of the Mental Health (Compulsory Assessment and Treatment) Act 1992. 🚨 For all other situations under the Act, police will only get involved when they've partnered with MH services and determined there's: An immediate serious risk to life or safety. A criminal offense that falls under their standard procedures. The law states that police "may" provide assistance, making their involvement discretionary. The primary responsibility for services under the Act lies with MH services, and police are there to support them as needed.

Answer 172

* assist health authorities; * find a mentally disordered person wandering at large; or * retake a patient who is absent without leave from a hospital.

Answer 173

* criminal or delinquent behaviour * intellectual disability. * political, religious or cultural beliefs * sexual preferences * substance abuse – Substance Addiction (Compulsory Assessment and Treatment Act) 2019 (SCAT)

Answer 174

When dealing with a patient or proposed patient under the Mental Health (Compulsory Assessment and Treatment) Act, two separate warrants are needed for police to enter a premise: A "Warrant to Take" the patient: This must be obtained by the Director of Area Mental Health Services. A "Warrant to Enter Premises": A police constable must apply for and obtain this warrant. The application needs to be signed by the constable, supported by an affidavit, and must be in the form prescribed by the Ministry of Health (Manatū Hauora). The requirement for both of these warrants is outlined in Section 113A of the Mental Health Act. The two warrants, when properly obtained, are the only required documentation for police to enter a premises in this scenario.

Answer 175

Ideally in their home. If not a medical setting. They should not be assessed a police cell unless there is no immediate risk to life/ safety.

Answer 176

Section 122A of the Mental Health (Compulsory Assessment and Treatment) Act 1992 gives police powers to "take and detain" individuals under the Act, treating this power as if it were a power of arrest. This means that certain sections of the Crimes Act 1961 apply to these actions, with necessary modifications. Specifically: Section 30 of the Crimes Act protects police from criminal responsibility if they mistakenly detain the wrong person, as long as they acted in good faith and had reasonable and probable grounds to believe the person was the correct one. Section 31 grants all constables the same statutory powers of arrest without a warrant. Section 34 allows a constable to ask for and receive assistance from any person to make an arrest.

Answer 177

situations, Police can use force only if: * it is justified, and * the DAO gives Police clear instructions to do so, and * the patient would be likely to suffer harm, or cause harm to other people or damage property if force is not applied, and * the force used is necessary and proportionate with the circumstances.

Answer 178

can be very traumatic. Do this only if there is a risk involved in transporting that person.

Answer 179

Police's role in mental health events is to assist, not to replace, health professionals. If the health professional who requested police assistance is not present at the scene and the situation is not urgent police should decline to take further action. Police are not required to be involved in the routine processes of compulsory assessments. In exceptional, urgent circumstances, police may need to consult with a (DAO) or a mental health practitioner via phone or audio-visual link (AVL) to facilitate a compulsory assessment. This should not be a routine practice and is only acceptable when the health professional is fully aware of the situation and the person involved. The decision to use a phone or AVL rests with the DAO or mental health practitioner, not the police. Both police and health staff must document the decision and its rationale in their records (e.g., in RIOD for police) and discuss it at local liaison meetings.

Answer 180

Police have limited authority to use force to transport a person who is unwilling to attend a mental health examination or treatment. This power, detailed in Section 122B of the Mental Health (Compulsory Assessment and Treatment) Act, is only to be used in an emergency and must be "reasonably necessary" for the situation. In some cases, a warrant under Section 113A may also be required. Before using any force to transport a person for assessment or treatment under Sections 9, 11, or 13 of the Act, police must confirm that a health professional has issued a formal notice to the person. This notice must clearly state the reason, time, and location of the assessment, and the name of the professional conducting it. Without this notice, police cannot move the person or use force to do so. Any use of force must be documented according to the standard police reporting procedures.

Answer 181

being held in custody after being charged with an offence. a person is seen within 6 hours, but the assessment process takes longer than the initial 6-hour period.

Answer 182

Police cannot enter a private property to uplift a mentally distressed person unless a DAO is present or directs police under the act. If action is required and no auth to enter, consider engaging DAO, other powers, get family help, seek consent from occupier of premises.

Answer 183

Police must leave if the property if told to do so by lawful occupier unless there is a lawful justification to remain.

Answer 184

a person unlawfully at large to include a special patient/restricted patient who has escaped or failed to return from leave.

Answer 185

(a) the sale, supply, and consumption of alcohol is done safely/ responsibly. (b) minimise harm caused by the excessive/ inappropriate consumption of alcohol

Answer 186

crime damage death disease disorderly behaviour illness, injury, directly or indirectly caused/ contributed

Answer 187

A constable can order a premises to close if: A riot is happening or likely to occur. Fighting or serious disorder is taking place or about to break out. There's a significant threat to public health or safety. The premises is causing a substantial public nuisance. There are reasonable grounds to believe serious offenses (with a maximum penalty of 5 years or more) have been committed and are likely to continue.

Answer 188

the premises to close for up to 24 hours. They can also order any person to leave and use necessary force to enforce the closure.

Answer 189

the licensee or manager has the right to immediately apply to a District Court Judge or Justices of the Peace to have the order revoked. The Judge or Justices can either revoke the order (with or without conditions) or refuse to revoke it. Keeping the premises open in defiance of a closure order is a criminal offense.

Answer 190

officers can enter and inspect licensed premises at any reasonable time to ensure compliance with the law. They can also enter at any time if they have reasonable grounds to believe an offense is occurring. During an inspection, they can: Demand to view and copy the license and other required documents. Request reasonable information or assistance from the licensee or manager.

Answer 191

Reasonable cause to suspect a person has committed, is committing, or is attempting to commit an offence against Act may require that person to provide their name, address, and date of birth. If the constable reasonably believes the provided details are false, they may then require the person to provide satisfactory evidence to prove the particulars. Can k9 if refuses/ fails without reasonable excuse.

Answer 192

grants constables specific powers to enforce an alcohol ban in a designated restricted place (a public area covered by the ban). for the purpose of ascertaining whether alcohol is present Constable's Warrantless Powers A constable may, without a warrant: Search: Search containers (like bags or parcels) held by any person who is in or entering the restricted place, specifically to check for alcohol. Search any vehicle that is in or entering the restricted place. Seize: Seize and remove any alcohol (and its container) that is present in breach of the alcohol ban. Arrest: Arrest any person they find committing the offence (breaching the ban). Arrest any person who refuses to comply with a request to: Leave the restricted place. Surrender any alcohol that is in their possession in breach of the ban.

Answer 193

Before searching a container or vehicle under the alcohol ban power (s 169(2)(a)), the constable must first: Inform the person in possession that they have the option to remove the container or vehicle from the public place. Provide them with a reasonable opportunity to do so. A constable can bypass this warning and opportunity requirement and search the container or vehicle immediately if the search is conducted on: Specified dates or events that have been publicly notified in advance. (14 days notice)

Answer 194

* Enforcement prioritizes the ban's underlying purpose over strict adherence to every rule. * time, place and circumstance as to whether it is appropriate to take enforcement action. * Enforcement will be directed to preventing alcohol related harm and antisocial behaviour caused by the consumption of alcohol in public places.

Answer 195

Location Hotspots: Presence of a known disorder, violence, or anti-social behaviour hotspot. Public Complaints: Complaints from the public regarding behaviour. Observed Precursors: Behaviour giving cause for concern about likely disorder or violence. Public Intoxication: Evidence of public intoxication. Risky Gatherings: The presence of a group assessed by officers as likely to lead to alcohol-related anti-social behaviour.

Answer 196

any substance (including liquor, frozen liquids, or mixtures) that can be consumed by people and contains 1.15% or more ethanol by volume or weight, measured at 20°C.

Answer 197

A location accessible to or used by the public, regardless of whether a fee is charged or the owner has the legal right to exclude people, but excluding licensed premises.

Answer 198

You must prove the identity of the offenders and that they breached a bylaw for alcohol control purposes (an alcohol ban) by: * consuming alcohol * bringing alcohol * possessing alcohol * in a public place (or in a vehicle in a public place) specified in the bylaw.

Answer 199

Permitted Transport of Unopened Alcohol Alcohol in unopened containers may be lawfully moved through a public place if the purpose is prompt removal or delivery to an adjacent premise, covering these four scenarios: From Off-License: Transported immediately after being lawfully purchased from an adjacent off-licensed premise. To Licensed Premises: Transported from outside the area for delivery to an adjacent licensed premises. To Resident/Visitor: Transported from outside the area for delivery to, or by, a resident or a genuine visitor of an adjacent private residence. From Residence: Transported by a resident from an adjacent premise to a place outside the public place, provided it is promptly removed from the restricted area.

Answer 200

evidence of an offence or any other item tangible or intangible of relevance to the investigation of that offence

Answer 201

Beleiving situation/ circumstances actually exist

Answer 202

Suspecting situation/ circumstance likely exist

Answer 203

A person with a WTA Escaped cusody Breching parole Special patients- compulsary care. CYP absconding custody of OT

Answer 204

Consent searches can be extended to persons clothing and items they are holding, if they consent.

Answer 205

Evidence gathered through a breach of the New Zealand Bill of Rights Act 1990 may still be admitted in court if it would have been inevitably discovered by lawful means. While this is a strong factor in favour of admissibility under the Evidence Act 2006 balancing test, it doesn't guarantee the evidence will be used.

Answer 206

While an illegal (warrantless) search will usually also be considered an unreasonable search, the law recognizes they are not the same thing. An unlawful search isn't automatically deemed unreasonable, nor is a lawful search automatically reasonable.

Answer 207

Warrantless searchs require a warrentless search notification must be completed by the end of shift which includes: Summary of event. Power used. Anything seized. Criminal charges laid.

Answer 208

RGTS person is unlawfully at large. RGTB they are in house/vehicle. Can enter for arrest.

Answer 209

RGTS I/O commited RBTB person in place/ vehicle. RGTB person will leave and/or EM CADD

Answer 210

this power is only to enter and arrest someone. It is not a power for searching for EM- it is just to prevent EM being CADD.

Answer 211

Enter to prevent risk to safety. Not a search power. Not a power of detention

Answer 212

RGTS IO 14+yrs RGTB EM= CADD Enter and search (urgency) once scene under control- SW required.

Answer 213

RGTB person in PP has EM relating to 14 yr offence Search that person

Answer 214

RGTB EM in vehicle while in PP Enter and search (if vehicle on private property- can use S15)

Answer 215

Get approval to search for FA from Sgt or ASgt.

Answer 216

RGTS commited offence against 202A (possession of offencive weapon) RGTB OW is in vehicle. Search vehicle

Answer 217

RGTB stolen prop in vehicle while in public place search vehicle

Answer 218

If you have arrested someone for an offence and RGTB EM at place. (relating to offence) RGTB delay EM CADD. Search place Person does not need to be arrested at the place you are searching.

Answer 219

If you have arrested someone for an offence RGTB EM in vehicle ( relating to arrest) Enter and search vehicle

Answer 220

They cannot consent to the search of larger items like houses/ vehicles - unless they are found driving a car and are the sole occupant of that vehicle/ no one is 14+. They can consent to a search of themselves and their own clothing/ property eg a backpack.

Answer 221

* it is not for a purpose set out in s92 ( prevent offence/ harm/injury/ damage to property ) * investigate whether an offence has been committed * any purpose in respect of which you could exercise a power of search) * you fail to give the required advice set out in s93 (advise the person from whom consent is sought: − of the reason for the proposed search − that they may consent or refuse to consent to the search.) * you undertake a search relying on consent given by a person who does not have authority to give that consent.

Answer 222

Enter and search (place/vehicle/ thing) Request assistance ( from anyone) Use reasonable force to enter property Seizure EM Bring/ use equipment at place to assist Bring/use dog. Copy documents Access comp/ data storage devices Copy intangible material Take photos/ video recordings / drawings.

Answer 223

RGTB EM CADD Enter/search and secure place/ vehicle Apply for SW You may only exercise these special powers until the first of the following occurs: * the expiry of six hours from when the power is first exercised * the warrant is available for execution at that place or vehicle or in respect of that other thing * the application for a search warrant is refused.

Answer 224

When legally searching a place or vehicle, a constable (or assistant) may detain any person present to determine their connection to the item being searched for, provided the person: Was present when the search began, OR Arrives or attempts to enter the search location while the search is ongoing. Key Rules of Detention: Duration: The detention must be for a reasonable period and cannot last longer than the search itself. Force: Reasonable force (such as handcuffing) may be used to initiate and maintain the detention. Start and End: Detention legally starts when the person is directed to remain and ends when they are told they are free to leave.

Answer 225

Aprehend person or enter place/vehicle Frseh pursuit RGTB EM still on person

Answer 226

RGTB on person: EM Dangerous object RGTB immediate action required. Search person: at/in address/ vehicle arrives at address. who stops/ tries to enter vehicle. (must return item when threat no longer exists unless possession is an offence)

Answer 227

Search warrant for vehicle RGTB vehicle is at an address. Allows you to enter that place to locate and search that vehicle

Answer 228

You must announce and identify yourself when entering for the purpose of a search unless -no person is lawfully present at place. - would cause danger to persons. - compromise entry and search - compromise ongoing investigation

Answer 229

If you are legally carrying out a search, you may, for a duration and in a manner reasonable to complete the search: Secure the Scene: Take control of the entire place, vehicle, or item being searched, and any specific areas or things found within it. Exclude or Direct People: Exclude any person from the search scene or a specific area within it. Give any other reasonable direction to a person. Justification: You must have reasonable grounds to believe the person will obstruct or hinder the execution of the search. Essentially, this allows the officer to establish a perimeter, prevent interference, and direct the movements of people on the scene to protect the integrity of the search and the evidence.

Answer 230

Section 116 is used once a search power is already active (either you have the warrant, or you are lawfully executing a warrantless search power). Purpose: To manage the site during the search. Section 117: Securing Before a Search (Warrant Pending) Section 117 is a special power used before any search power is active, specifically when you are waiting for an issuing officer to decide on a search warrant application. Purpose: To prevent the loss of evidence during the delay inherent in applying for and receiving a warrant.

Answer 231

Seize item and remove it from place being search for the purpose of analisis if you are unsure if that item is the thing that you are looking for.

Answer 232

Lawful search of place/ vehicle, find something related to other offending. Seize if you could reasonably apply for a warrant for that item or could be seized under any other enactment

Answer 233

7 days. Unless you apply to a judge within 7 days to delay that information being supplied. This might be in cases where you beleive this would jeopridise the ongoing investigation.

Answer 234

area immediately surrounding a dwelling or house and is considered an extension of the home itself for certain legal protections. It essentially creates a protective boundary around the main residence, where an individual has a heightened expectation of privacy. as long as you are physically located in a public space or on property you have permission to be on, simply looking into a yard over a short fence does not breach the legal boundary or protection of the curtilage.

Answer 235

Stop vehicle if RGTB grounds exist for search. If SW is active for that vehicle

Answer 236

Move vehicle to another place If you find/ stop vehicle. Authority to search vehicle but impractical to do so where it is parked. RGTB neccessary to move for safekeeping.

Answer 237

Stop vehicle to arrest RGTB person is unlawfully at large commited I/O believe they are in that vehicle Can request occupants ID details. search vehicle for person search vehicle for EM relating to IO

Answer 238

a Senior Constable ((acting) Sergeant or higher) the power to authorize a road block orally or verbally to intercept a vehicle RGTB that in or on a vehicle there is a person RGTS: − has committed an offence punishable by a term of imprisonment or − is unlawfully at large, and and RGTS vehicle will travel past the place where it is proposed the road block be established.

Answer 239

Austhorisation of road block valid for no longer that 24hrs. may be renewed by district court judge for no more than another 24hrs. Must keep written record of: location the period(s) for and grounds on which authorisation was granted or renewed.

Answer 240

Establish road block as specified by authorisation. Stop vehicles in vacinity of road block Require particulars- person in any vehicle stopped by the road block who you have RGTS has committed I/O give their name, address, and date of birth. Search vehicle Search the vehicle for the purpose of locating a person who has committed I/O or is UAL

Answer 241

Police cannot set up checkpoints to stop vehicles and get identifying details unless the primary purpose is to enforce NZTA

Answer 242

A person must note be detained at a roadblack to be photoed/ videoed without lawful grounds to do so. You should be able to tell them why you are taking the photo and gain consent if possible.

Answer 243

Rub down strip internal

Answer 244

must be: lawful treated with dignity, privacy, respect and sensitivity Force is reasonable. Searches / removal of items infront of another cop. All property recorded and accounted for.

Answer 245

RGTS: person has FA and RGTS breaching FA Act or Protection order Search person Enter vehicle/ place to search person Seize FA/ FA licence

Answer 246

RGTS person has offensive weapon / disabling substance in public place

Answer 247

person arrested, or detained Rub down search to ensure they have nothing on them that could: (a) to harm any person; or (b) to facilitate the person’s escape.

Answer 248

person arrested or detained carry out search to ensure that nothing on them that: (a) may be used to harm any person; or (b) may be used to facilitate the person’s escape; or (c) is evidential material relating to the offence in respect of which the arrest is made or the person is detained.

Answer 249

Search person At police station / vehicle used for police purposes secure money/ property.

Answer 250

Can only be searched under 11 if: they were not searched before the were locked up. Have been in/ suspected to have been in close proximity to a person who was not locked up (other than officer) was eligiable for search but wasnt searched RGTB in possession of something that could cause harm to self/ others

Answer 251

Apart from an immediate rub-down search of an arrested or detained person under s85 (see below), or a warrantless search under section 88, avoid searching people under s11 immediately after their arrest. If you do so, a further search under s11 cannot be conducted after the person arrives at the police station (unless S11(3) applies)

Answer 252

If they have been searched under S11 at one station and are then moved to another station you cannot search under S11 again unless S11(3) applies

Answer 253

Use reasonable force to execute an arrest.

Answer 254

use reasonable force to prevent flight during or after an arrest/ custody

Answer 255

Use reasonable prevent suicide

Answer 256

Use reasonable force to stop/prevent breach of the peace

Answer 257

No one can be arrested unless they are found breaching the peace/ commiting IO/ or RGTS breach of peace/ comitted OI

Answer 258

Mandatory duties while arresting someone. Reason for arrest. show paperwork for warrant if asked. Brought before court asap

Answer 259

No power to arrest for anticipated breach of peace. If persons do not step down/desist then they can be arrested for obstruction

Answer 260

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.

Answer 261

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

Answer 262

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

Answer 263

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.

Answer 264

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.

Answer 265

Everyone has the right to freedom of peaceful assembly.

Answer 266

Everyone has the right to freedom of association.

Answer 267

(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.

Answer 268

(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.

Answer 269

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.

Answer 270

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

Answer 271

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

Answer 272

Everyone who is arrested/ detained has immediate rights : Told the reason for arrest/ detention. Right to speak with a lawyer in private and without delay They have the right to have the validity of the arrest/detention tested without delay via a process like habeas corpus, and to be released if it is found to be unlawful. Right to remain silent right to humane treatment and respect Prompt Charge or Release: They have the right to be charged promptly or else be released. Court Appearance: If not released, they must be brought before a court or competent tribunal as soon as possible.

Answer 273

To Be Informed of the Charge Right to Bail/Release They have the right to consult and instruct a lawyer. They have the right to free legal assistance Right to Prepare a Defence Right to a Jury Trial (2+year IO) Right to an (free) Interpreter

Answer 274

(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 thesame 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.

Answer 275

1 When investigating an offence and you speak to suspects/ witnesses - you may ask questions but you cant suggest that answering is compulsory 2 IF there is sufficient to arrest and you want to speak to someone they must be given their BORs first 3 If a person is arrested / detained a person you must give them there BOR even again even if they were given BOR before arrest/ detention 4 There is no power to detain a person for questioning or to pursue enquiries, although a person can assist voluntarily with enquiries.

Answer 276

‘capricious, unreasoned and without reasonable cause’.

Answer 277

of a communicated intention on the part of the police officer to hold the person under lawful authority.”

Answer 278

* there is physical deprivation of a person’s liberty, or * there are statutory restraints on a person's movement, or * they have a reasonably held belief induced by police conduct (or other official conduct) that they are not free to leave. Examples of arrest or detention include when a person has been: * formally arrested * handcuffed * locked in a room or building, or put in a place that they cannot leave voluntarily * placed in a police vehicle against their will.

Answer 279

A statement a prosecutor offers as evidence from one defendant cannot be used against another defendant in the same trial. This rule applies to any spoken or written claim, or any action intended to communicate something.

Answer 280

A defendant's own statement offered by the prosecution won't be allowed as evidence against them if it violates one of three main rules: The Reliability Rule (s28): The statement is thrown out if it's likely to be unreliable (e.g., if it was influenced by a threat, promise, or misleading representation). The Oppression Rule (s29): The statement is thrown out if it was obtained through oppressive, violent, inhuman, or degrading conduct by an enforcement officer. The Improperly Obtained Evidence Rule (s30): The statement is thrown out if it was obtained in a way that resulted in an improper denial of a right (like the right to a lawyer or the right to silence), unless the court decides that the improper nature of the evidence is outweighed by its importance to the case.

Answer 281

A court must refuse to allow the prosecution to use a defendant's statement if it's likely that the statement was influenced by things that could make it false. These "influences" typically include: Threats (e.g., "Tell us what happened, or you'll never see your kids again.") Promises (e.g., "Confess, and we'll make sure you get a lighter sentence.") Misleading or unfair representations by an authority figure (e.g., "We already have all the evidence we need; you might as well tell the truth.") If the judge finds that such an influence significantly raises the risk of an unreliable statement, the evidence is excluded, regardless of whether the statement turns out to be true or false.

Answer 282

when the prosecution offers the defendants statement as evidence of their mental / phycological / physical state. IE were they suffering from a mental health episode at time of statement when the prosecution offers the defendants statement to simply show that a statement was made

Answer 283

The issue of the statement's reliability must be addressed by the Judge if it is raised by: The defendant or a co-defendant (with supporting evidence and grounds). The Judge themselves (who must then inform the prosecution of the grounds). The Judge must exclude the defendant's statement unless the prosecution can satisfy the court, on the balance of probabilities, that the circumstances in which the statement was made were not likely to have adversely affected its reliability. The judge must consider the defendants: physical, mental, or psychological condition/ intellectual or physical disability, the nature, manner, and circumstances in which questions were put to the defendant. The nature of any threat, promise, or representation made to the defendant or another person.

Answer 284

* the reliability rule (s28) * the oppression rule (s29), and * the improperly obtained evidence rule (s30).

Answer 285

prohibits the use of a defendant's statement if it was obtained by illegal or abusive means, The court must consider the issue of oppression if it is raised by: The defendant or a co-defendant (provided they offer supporting evidence and state the grounds). The Judge themselves. The Judge must exclude the defendant's statement unless the prosecution can prove, beyond reasonable doubt, that the statement was not influenced by oppression

Answer 286

Abusive Conduct: Oppressive, violent, inhuman, or degrading conduct or treatment toward the defendant or another person. Threats: A threat of that kind of abusive conduct or treatment.

Answer 287

Evidence is considered "improperly obtained" if it was gathered: Illegally: In consequence of a breach of any law (enactment or rule of law) by a state agent. From an Inadmissible Statement: In consequence of a defendant's statement that is already (or would be) inadmissible under the other rules (like the Reliability or Oppression Rules). Unfairly: If it was obtained unfairly. To decide if exclusion is proportionate, the Judge weighs the seriousness of the police misconduct against the public interest in convicting the guilty. Factors considered include: Nature of the Breach: How important was the right that was broken, and how serious was the intrusion Alternative Methods: Were there proper investigatory methods that could have been used but weren't? Urgency & Danger: Was the impropriety necessary to avoid immediate danger to the police or others? Seriousness of the Offence: How serious is the crime the defendant is charged with? Quality of Evidence: How strong or reliable is the improperly obtained evidence? Alternative Redress: Can the defendant be adequately compensated for the breach without excluding the evidence (e.g., a monetary fine against the police)?

Answer 288

Breach of Law or Enactment Tainted by an Inadmissible Statement unfairly obtained

Answer 289

1. Police may ask questions of any person to assist with inquiries. However, Police must not suggest that the person must answer. 2. sufficient evidence to charge a person with an offence or whenever a member of the police seeks to question a person in custody, the person must be cautioned before being invited to make a statement or answer questions. 3. Questions of a person in custody or in respect of whom there is sufficient evidence to lay a charge must not amount to cross-examination. 4. When police question a person about something another person said or about evidence they have, they must clearly and fairly explain what that statement or evidence is. 5. Suspects statements should be captured via video, unless impracticable or they refuse. Otherwise statements should be captured via audio or written. they should have a chance to revise / correct errors.

Answer 290

“Any offence which is perceived, by the victim or any other person, to be motivated, wholly or in part, by a hostility or prejudice based on a person’s particular characteristic, such as race, religion, sexual orientation, gender identity, disability or age”.

Answer 291

“Any non-criminal incident where there are reasonable grounds to believe it involves or implies a significant risk of harm to the physical safety of any person, and which is believed to have been motivated by a hostility or prejudice based on a person’s particular characteristic, such as race, religion, sexual orientation, gender identity, disability or age”.

Answer 292

Hate speech against somebody is broadly understood as speech or writing which attacks or threatens a particular group of people based on certain protected characteristics,

Answer 293

Record all reports of hate criminal/ no criminal. record perceived hate type/ perceived prejudice with exact words /symbols/ actions Accurate and consistent recording assists in tracking behavior which might be escalating.\\

Answer 294

act with the intent to excite hostility or ill-will against, or bring into contempt or ridicule, any group in New Zealand based on their colour, race, or ethnic or national origins. The offence is committed by doing one of two things: 1. Publishing or Broadcasting Committing the act by: Publishing or distributing written matter that is threatening, abusive, or insulting. Broadcasting (via radio or TV) words that are threatening, abusive, or insulting. 2. Using Abusive Language in Public Committing the act by: Using words that are threatening, abusive, or insulting in a public place, within the hearing of people in a public place, or at any public meeting.

Answer 295

No prosecution for an offence against s131 of this Act shall be instituted without the consent of the Attorney-General

Answer 296

1.promote good choices/ plan for mistakes 2. design for human vulnerability 3. strengthen all parts of the road transport system 4. shared responsibility for improving road safety 5. actions based on evidence 6. road safety actions support health, wellbeing and livable places 7. safety is a critical decision-making priority.

Answer 297

encourage all road users to make safe choices when on the road by targeting RIDS Restraints Intoxication Distractions Speed

Answer 298

Dosage The intensity of enforcement activity. Unpredictability Enforcement must be difficult to anticipate or avoid. Network coverage Enforcement must be widely seen across the network.

Answer 299

Prioritise safety- no duty is too urgent to put people at unjustified risk High standard of car while driving individually responsible for their driving. Continual TENR Lights and sirens unless tactically inappropriate

Answer 300

public and police safety first. must be conducting in safest way possible. driving done in manner appropriate to circumstances. individual officers are legally responsible for their actions. TENR Cat A vehicles preferred as they are most visible.

Answer 301

Activities approved by the commissioner in writing. Apprehend offenders. Fleeing drivers. Gathering evidence of an alleged offence. Responding to serious incidents. Security. Urgent duties.

Answer 302

Force/ threat of force. Any person facing serious risk of harm. responding to offences.

Answer 303

Here is the list of factors organized in alphabetical order: Driver classification. Environment. Proximity to incident. Proximity to other units. Seriousness of offence. Tactical approaches. Time of incident. Vehicle type.

Answer 304

A tactical approach cannot be used once a fleeing driver incident is initiated.

Answer 305

1. Urgent Duty 2. Emergency Vehicle (Red lights/Sirens). 3. Executive/Minister (Urgent business + 60km/h+ zone).

Answer 306

1. Emergency vehicle- Lights/Siren on. 2. Max 20 km/h through. 3. Due care for all others.

Answer 307

1. Emergency vehicle- Lights/Siren on. 2. Max 20 km/h through. 3. Due care for all others.

Answer 308

Driver: Prioritises Safety (Public and Police) at all times. Complies with the law (within RUR exemptions). Continuous TENR: Conducts risk assessments before and during driving. Passenger (Officer): Navigator/SITREP: Advises on route, risks, and situational threats. Comms: Operates the radio. Continuous TENR: Co-pilots the risk assessment throughout. Field Supervisor: Performance: Manages driving behavior and H&S risks. Reporting: Immediately reports policy breaches to superiors. Crashes: Investigates and reports all Police vehicle crashes. Manager: Notification: Ensures Sureplan is notified of crashes. Reviews: Progresses crash files to District Road Policing and Professional Conduct Managers. Controlling Officer (Comms Shift Supervisor): Coordination: Ensures units are directed to the incident appropriately.

Answer 309

an officer following a driver who has clearly decided not to stop. It begins the moment the officer realizes the motorist is intentionally evading them, rather than just taking a moment to pull over. Can oocur for any distance, over any terrain, at any speed.

Answer 310

Drivers profile- known/ unknown ID/ passengers etc. Environment- conditions/ location/situational risk Offence- serious offence? Time of day- day/night/ visibility/ likely fatigue etc.

Answer 311

Inform comms of decision. Request a FLEE event be created. Reduce speed/ stop. turn off lights and sirens (once below speed limit) Inform comms of stationary position

Answer 312

pursuit commenced. initial reason for for signalling driver to stop. Justification for pursuit

Answer 313

ECC (emergency comms centre)

Answer 314

Any unit can recommend a pursuit to be abandoned, however, a pursuit can only be ordered to be abandoned by: * the lead or secondary vehicle drivers or their passengers * the field supervisor * a crew member of the Air Support Unit (Eagle) * the Pursuit Controller or Dispatcher.

Answer 315

risk of harm outweighs initial threat. pursuing vehicle has sustained loss of sight of pursued vehicle. ECC sustained loss of comms with pursuing units.

Answer 316

EAGLE (initiated by comms) Non compliant vehicle stop (initiated by Pursuit controller or AOS/STG commander) to be carried out by AOS/ STG in first instance, may be carried out by non specialist trained staff. Dog Unit- (initiated by comms) Temporary road closure (Initiated by comms) Cordon and contain (initiated by comms) Tire deflation devices (initated by comms/trained staff /ecc shift commander for heavy vehicles )

Answer 317

Re-Engagement Requirements Permission Needed: You must get approval from the Pursuit Controller before signalling the driver to stop again. Criteria: Permission is only granted if at least one Fleeing Driver Framework justification is met. Planning: If approved, the Controller must provide a clear plan and tactics to resolve the event quickly.

Answer 318

a fleeing drivers report is to be completed by the initiating unit regardless of whether a pursuit was initiated or not. Can only be resulted in k6 or k9. that unit/officer will now hold a fleeing driver investigation to ID/ apprehend driver.

Answer 319

1C vehicle. volume crime offences. Hostile drivers but no evidence of offending.

Answer 320

Ram raids. Firearms involved. Dangerous driving. Drink driving. drug offences

Answer 321

ECC shift commander (or a suitably qualified team leader)

Answer 322

- ensure secondary pursuit vehicle takes over comms if initiating vehicle is a single unit. - replaces cat B vehicles with cat A vehicles asap. - replace single crew initiating unit with double crew vehicle. -limit number of units involved in following vehicle. -coordinate tactical units -monitor situation reports. -authorise suitably qual AOS/ STG units to conduct noncompliant vehicle stops.

Answer 323

manage radio. inform pursuit controller of pursuit/ reason. may abandon pursuit if deemed necessary. must abandon pursuit if pursuit controlled/ qualified team lead is unavailable.

Answer 324

* on motorcycles, trikes, mopeds, or quad bikes, two-wheel or recreational vehicles, or * in locations where there is high pedestrian or vehicle traffic or lots ofparked vehicles, or * in locations where there is road construction, or * where there is a likelihood of injury to any person. Heavy motor vehicle with pursuit controller permission only.

Answer 325

TDD may be deployed in the following circumstances: * Fleeing driver – not pursued * Fleeing driver – pursued * Pre-emptive deployment * Special operations. There is no other less dangerous way to resolve incident. TENR dictates there is no unjustified risk.

Answer 326

Officers can self initiate TDD deployment but must be communicated with comms

Answer 327

fail to stop occured. vehicle now located. TDD may be justified (depending on time delay of vehicle location) RGTB same driver involved- no requirement to signal driver to stop a second time before TDD deployment.

Answer 328

must get authorisation from pursuit commander.

Answer 329

May be self initiated in conjunction with comms with ECC unless pursuit controller already has control then authorisation must be sought.

Answer 330

general powers of police Details: Direct a person to give personal details (Name, DOB, Address, Phone, Occupation). Inspect: Inspect, test, and examine any vehicle or transport document. Move: Move (or authorize movement of) a vehicle causing an obstruction or safety hazard. Direct removal: Direct a person to remove a vehicle for road safety/convenience. Forbid (Unlicensed): Forbid an unlicensed driver from driving. Forbid (Service): Forbid a person from operating a transport service without a license. Direct (Stop): Direct a vehicle or pedestrian to stop or take a certain direction.

Answer 331

Stopping power for identification name dob phone address occupation ownership (or the owner of vehicles details) driver cannot be required to stay for longer than 15 minutes if they sole purpose is to obtain ID

Answer 332

Power to enter private premises (including by force) without a warrant to conduct alcohol/drug testing or seize a vehicle. The "Triple Threat" Rule (Entry for Testing): You may enter a premise only if you meet all three criteria: Fresh Pursuit: You are "freshly pursuing" the person. Failure to Stop: They failed to stop/remain stopped (S114). High-Risk Offence: You suspect they have committed: Reckless or Dangerous driving (S35), OR Driving under the influence of drink or drugs (S12). Vehicle Impoundment Entry (S119(3)): Officers may enter to seize/impound a vehicle without a warrant if: They were in fresh pursuit of the vehicle; OR They believe the vehicle is about to be concealed/destroyed; OR They believe the vehicle was about to be used in a crime.

Answer 333

Power to arrest a person without a warrant for specific high-risk or obstructive behaviors. When you can arrest) Alcohol/Drugs: "Good cause to suspect" an offence against sections 58 to 62 (Driving under influence, over the limit, or causing injury/death while intoxicated). Impairment: Failure to complete a Compulsory Impairment Test (CIT) in a satisfactory manner (S120(1A)). Resistance (Assault): Assaulting an enforcement officer (or someone assisting them) while they are performing their official duties. (Section 120 is one of the few powers of arrest if 119 used to enter premise)

Answer 334

Power to take immediate action to prevent a person from driving if they are a risk to themselves or others. The "3-Way Action" Power: Forbid: Formally forbid the person from driving for a specified period (usually 12–24 hours). Immobilize: Render the vehicle unmovable (e.g., using a wheel clamp or "pinning" it). Seize: Take the ignition keys and move the vehicle to a safe place. When to Use It (The "C-I-D" Criteria): Condition: The driver's physical or mental condition suggests they are incapable of proper control (e.g., fatigue, medical, or alcohol/drugs). Instruction: The person fails to comply with an instruction given under Section 113 or 115. Disregard: The person continues to drive after being forbidden to do so (under S113 or S115).

Answer 335

: A Constable may temporarily close a road (or part of a road) to any or all traffic (including pedestrians). The "Triple Trigger" (When you can close it): An officer must have reasonable cause to believe that: Public Disorder: Disorder exists or is imminent. Danger: There is danger to a member of the public (exists or expected). Serious Offence: A serious offence (punishable by 10+ years' imprisonment) has been committed or discovered at or near the place. Scope of "Road": Includes public roads, motorways, and even private roads/ways (as defined in the Local Government Act 1974). Key Condition: Duration: The road can only be closed for a period that is reasonably necessary in the circumstances. this can be authorised by any constable (doesnt have to be a sgt or above)

Answer 336

safer: communities homes roads

Answer 337

gangs. organised crime. youth crime. drugs. alcohol related harm.

Answer 338

restraints impairment distractions speed.

Answer 339

family violence burgs

Answer 340

Community support and reassurance Crime prevention Emergency management Keeping the peace Law enforcement Maintaining public safety National security Participation in policing activities outside New Zealand Flashcard Tip: Section 9 Policing Act (Functions of Police)

Answer 341

offender/victim/location must come together without an effective deterrent.

Answer 342

(crime prevention through environment design

Answer 343

a 22 percent reduction in harm from re-offending

Answer 344

Professionalism: Look the part, act the part, do your best. Respect: Treat others as they would want to be treated. Integrity: Be honest and do the right thing even when no one is looking. Mastery (Commitment to Māori/Treaty): Partnering with Māori to improve outcomes. Empathy: Walking in others' shoes to understand their perspective. Diversity: Valuing different perspectives and experiences to better serve the community.

Answer 345

Ethical Behavior: Every employee must act professionally, ethically, and with integrity. (Principle f) Human Rights: Policing services must be provided in a manner that respects human rights. (Principle d) Independence: Services are provided independently and impartially (free from outside influence). (Principle e) Local Focus: Services operate under a national framework but maintain a local community focus. (Principle c) Public Support: Effective policing relies on a wide measure of public support and confidence. (Principle b) Rule of Law: Effective policing is a cornerstone of a free/democratic society under the rule of law. (Principle a)

Answer 346

Community support and reassurance: Building trust and helping people feel safe in their neighborhoods. Crime prevention: Proactive work to stop crimes from happening before they occur. Emergency management: Leading or assisting in the response to disasters (e.g., floods, earthquakes). Keeping the peace: Managing disorder and preventing physical conflict (e.g., at protests or bars). Law enforcement: Investigating offences and bringing people before the courts. Maintaining public safety: General duty to keep the public out of harm's way. National security: Protecting NZ against terrorism, espionage, and threats to the state. Participation outside NZ: Deploying to the Pacific or elsewhere for peacekeeping and training.

Answer 347

comissioner sets a standard of behaviour expected of police employees it is the police employees duty to conduct themselves in accordance with the code of conduct

Answer 348

Commissioner's Authority: Every Police employee is under the command of the Commissioner. Supervision: Every Police employee must be supervised by another employee as directed by the Commissioner. Acting on Behalf: A supervisor or commander can exercise the powers of the Commissioner in relation to the people they lead (unless the Commissioner says otherwise).

Answer 349

The Power: The Commissioner may appoint an employee to "act" in a position (e.g., an Acting Sergeant) during a vacancy or when the permanent holder is absent/incapable. The Authority: While in that acting role, the employee has all the powers, functions, and duties of that higher position or rank. Revocation: The Commissioner can cancel/revoke an acting appointment at any time.

Answer 350

A Constable of or above the position level of Sergeant (Substantive rank). OR any Constable formally appointed to an acting position of Sergeant or above under Section 63 of the Policing Act 2008. so yes if they have been formally delegated to act in that position

Answer 351

* Any charge/s you are to face in court * Becoming a respondent of a protection order * Any infringement for driving with an excess breath or blood alcohol concentration, or other drug-impaired driving * Any suspension of your driver’s licence * Any speeding notice at a speed in excess of 40km/hr above the limit * Any charge or infringement that could lead to suspension or partial suspension of your driver’s licence.

Answer 352

S - Scrutiny: Would my decision withstand public or official scrutiny (e.g., in a court or the media)? E - Ethical: Is my action consistent with the NZ Police Core Values and the Code of Conduct? L - Lawful: Is what I am doing legal? Does it comply with legislation (like the Policing Act or LTA)? F - Fair: Is the decision fair to all parties involved, including the community and the organization?

Answer 353

Behaviour or actions that breach this Code or other Police policies- may result in disciplinary action - not necessarily dismissal. Procedural: Breaching policies/procedures; failing to follow lawful instructions. Professionalism: Using abusive language; treating people harshly. Resources: Misusing internet/email; not taking care of Police property. Administrative: Being absent/late without reason; failing to declare conflicts of interest..

Answer 354

Behaviour or actions that breach this Code or other Police policies and employment agreements, and seriously undermine or damage the trust and confidence Police has in you- may result in dismissal. Legal- Criminal convictions / Guilty pleas Integrity- Bribes (Corruption) / Theft / NIA Misuse Interpersonal- Bullying / Sexual Harassment / Threats Information-Leaking or snooping on private data Repeated Misconduct: Failing to change behavior after a warning, or repeatedly failing to repair harm/relationships after previous issues. False Declarations: Knowingly making a false statement, lying in a report, or intentionally recording incorrect data (e.g., falsifying a notebook or NIA entry). Excessive Unjustified Violence: Using physical force that is clearly beyond what was necessary, or using force when no legal justification existed.

Answer 355

Accountable: Own your actions and decisions. People-centric: put our people first. Responsive: Act quickly/ proportionately to behavour of concern Safe: Ensure everyone is safe and feels safe. Trusted: trust each other and our process

Answer 356

Acknowledge good work. Align with Code of Conduct. Barriers removed by the organisation. Early intervention over discipline. Informal conversations first. Mana must be left intact. Proactive management. Standards set by position descriptions.

Answer 357

bullying cyber bullying discrimination indecent assault harassments sexual assault. sexual harassments racial harassments

Answer 358

1- address it yourself. 2- address it with support 3- address it with you manager 4- report it confidentially

Answer 359

Supervisors can accept or recommend the FEO application be declined (after you have exhausted all possible options. Only the district commander or director can decline an FEO application

Answer 360

It interferes with the ability to reorganise work among other staff * It impacts negatively on quality, performance or ability to meet customer demand * There is not the option to recruit additional staff * There is not enough work available during the proposed hours * There are planned structural changes * The burden of additional costs is too high * The employee’s proposed FEO working arrangements would be inconsistent with their collective employment agreement.

Answer 361

Critical incidents notable illness/ injury due to work DVI processes delayed recovery of bodies unnatural deaths volume critical incidents incidents involving death of police failed police intervention =death attending incidents involving family. unpleasant/ stressful duties

Answer 362

for those involved in critical incidents first appointment after 72 hrs. second appointment no later that 10 days post incident

Answer 363

10 days minimum

Answer 364

Mandatory Referrals: * Must complete all appointments. Psychologist must give formal clearance before returning to work. Non-Mandatory Referrals: * Decision rests with the Employee + Supervisor. Must consult with a Wellness Advisor. Reintegration Programme: * Guided by psychologist input. Often starts with light duties until the programme is successfully completed.

Answer 365

Action: You take the lead role in starting and managing an employee's rehab. Supported by Internal: RTW (Return to Work), H&S, Wellness, and HR Advisors. External: Health professionals and Third-Party administrators (Howden Care for all injuries).

Answer 366

Contact: Within 2 days to offer support and rearrange work. Report: Complete Incident Report in MyPolice (if employee can't). Info Pack: Receive next steps from Return to Work Advisor. 10+ Day Absence: Discuss Light Duties or Rehab policy. Leave: Enter Leave Request in MyPolice (use Sick Leave Without Pay if no leave remains). ACC45: Get medical certificate from employee; forward to district med certs inbox. Monitor: Ensure certs stay current while on leave or Light Duties.

Answer 367

Meeting: Convene early recovery meeting (ideally within 14 days of absence). OCP: Create Organisational Care Plan – Return to Work. Sign-off: All parties (Manager + Employee) must sign the OCP. Howden Care: Case Manager will contact you to review the plan's medical/social needs. Leave: Keep entering leave requests in MyPolice for all absences. Contact: Maintain weekly contact with the employee.

Answer 368

Medical Certs: * 5+ days absent: Need a medical certificate. 10+ days absent: Need medical clearance on the first day back. RTW Meeting: Must hold on the first day back (only if absent for 10+ days). Light Duties: If hours/tasks are limited, hold monthly meetings to update the OCP (Care Plan). Howden Care: Case manager may assist with specific rehab needs.

Answer 369

What: Death or serious bodily harm Who: Commissioner notifies the IPCA. When: As soon as practicable. How: In writing.

Answer 370

Admission to hospital: Injury resulting in being admitted (excludes "treatment only" at A&E). Blow to the head: Results in unconsciousness, discernible head injury, or concussion. Deep laceration: Severe cuts or tears to the skin. Fracture: Any broken or cracked bone. Impairment of bodily function: Any significant loss or reduction in how a body part/system works. Internal organ injury: Significant damage to any internal organ. (doesnt include dog bits that result in A&E for cleaning)

Answer 371

Requirement: The Commissioner must notify the IPCA of every complaint received by Police. Exception: If the IPCA was the one who sent the complaint to the Police first. Timeframe: As soon as practicable, but no later than 5 working days.

Answer 372

Reputation: Crime or serious misconduct by staff Firearms: Intentional discharge by employee Judicial: Bad feedback from a Judge about police practice/ policy Custody: Attempted suicide/self-harm by person in custody Dogs: Unintentional bites to members of the public

Answer 373

Oral visual written

Answer 374

* how evidence may be given; * who may give evidence; and * what type of material may be given in evidence.

Answer 375

can be legally received in court

Answer 376

judge or jury

Answer 377

Evidence is relevant “if it has a tendency to prove or disprove anything that is of consequence to the determination of a proceeding”

Answer 378

Facts needed to prove ingredients of offence or Facts to successfully prove a successful defence (when defendant has the burden of proof)

Answer 379

the probative value that can be accorded to the evidence.

Answer 380

is how strongly and centrally the evidence assists in proving or disproving issues in a case.

Answer 381

Unfair Prejudice Evidence adverse to a party’s case; the drawing of an inference against a party.

Answer 382

Calling a witness: When you bring someone to court to speak. Testifying yourself: If you take the stand, you are both "offering" and "giving" evidence. Cross-examination: If you get a witness from the other side to admit something helpful to your case.

Answer 383

A person recounting facts or opinions in a proceeding “gives evidence”. Can be giving the ordinary way- in court room in front of judge/ jury or alternative way by way of implementing privacy screens/ in another room/or building via AVL. can include producing documents

Answer 384

A person who gives evidence and is able to be cross-examined in a proceeding.

Answer 385

A complainant who is a child (under 18 years) when the proceeding commences

Answer 386

(the proceeding commences when a charging document is filed NOT at the beginning of the trial).

Answer 387

A witness who is a child when the proceeding commences, and includes a child complainant but does not include a defendant who is a child.

Answer 388

provide information that is reasonably likely to lead to, or increase the likelihood of, the prosecution of a person for a criminal offence.

Answer 389

spoken or written assertion by a person, or non- verbal conduct of a person intended by that person as an assertion of any matter.

Answer 390

a statement that was made by a person other than than the person giving evidence.

Answer 391

disposition of a person to refrain from lying.

Answer 392

a person’s tendency to act in a particular way or have a particular state of mind.

Answer 393

Any evidence by a witness which he or she has seen, heard or otherwise experienced

Answer 394

does not directly prove any fact in issue, but which allow inferences about the existence of those facts to be drawn

Answer 395

Access: Make the law of evidence easier to understand and use. Bill of Rights: Ensure evidence rules respect the NZ Bill of Rights 1990. Confidentiality: Protect private info and "public interest" secrets. Efficiency: Avoid wasting time and money (expense and delay). Fairness: Keep things fair for everyone (parties and witnesses). Logic: Facts must be proven using logical rules.

Answer 396

Relevance : Evidence is relevant if it helps prove or disprove something important to the case. If it's not relevant, it stays out. Admissibility : Being relevant isn't enough. It must also not be blocked by another rule (like Hearsay or Privilege). Exclusion: Even if it’s relevant and legal, a Judge can still throw it out under Section 8 if it is unreliable or unfair.

Answer 397

Probative Value: Helpfulness/logical strength. Unfair Prejudice: Emotional bias or misleading. Prolonging: Wasting court time. (The "Effective Defence" Rule: In criminal cases, the Judge must be extra careful not to exclude evidence that the defendant needs to prove their innocence.)

Answer 398

presumption of innocence, the burden of proof lies clearly with the prosecution in relation to all of the elements of the offence.

Answer 399

Prosecution: beyond reasonable doubt. Defence: “balance of probabilities”.

Answer 400

an honest and reasonable uncertainty left in your mind about the guilt of the accused after you have given careful and impartial consideration to all of the evidence”.

Answer 401

more probable than not

Answer 402

Perjury (s 108 Crimes Act) False Oaths (s 110 Crimes Act) False Statements or Declarations (s 111 Crimes Act) Treason (s 73 Crimes Act)

Answer 403

corroboration is no longer required for a prosecution to succeed in a criminal proceeding. A defendant can be convicted based on the testimony of a single witness, even if there is no other supporting evidence.

Answer 404

allows (and sometimes requires) a Judge to give a warning about unreliable evidence if they believe the evidence may be unreliable.

Answer 405

Conduct (Historical): Evidence of conduct alleged to have occurred more than 10 years previously. [s 122(1)(e)] Defendant’s Statement (Detention): Evidence of a statement made by the defendant to another person while both were in prison or police detention. [s 122(1)(d)] Defendant’s Statement (Sole Evidence): Evidence of a statement by the defendant that is the only evidence implicating them in the crime. [s 122(1)(b)] Hearsay: Evidence of a statement made by a person other than the witness (out-of-court statement). [s 122(1)(a)] Motive to Lie: Evidence from a witness who may have a motive to give false or prejudicial evidence against the defendant. [s 122(1)(c)]

Answer 406

prohibits a corroboration warning in cases involving child complainants where the warning would not have been given had the complainant been an adult.

Answer 407

criminal trials follows the “adversarial” or “accusatorial” system of justice developed through the English common law.

Answer 408

Evidence Gathering: Facts emerge through questioning witnesses rather than independent judicial investigation. Party Control: Prosecution and Defense decide which witnesses to call, the order of testimony, and the questions asked. Cross-Examination: Each party has the absolute right to test the opposing party's testimony through questioning. The Judge’s Role: Acts as an impartial "referee" to ensure rules are followed and to rule on admissibility. Right to Silence: The defendant is not required to assist the prosecution or testify; the burden of proof rests entirely on the prosecution.

Answer 409

such as adult witnesses with an intellectual disability, or where a child witness is unable to promise to tell the truth.

Answer 410

Witnesses 12 Years + Requirement: Must take an oath or affirmation before testifying. Witnesses Under 12 Years Step 1 (Judicial Info): The Judge must inform them of the importance of telling the truth and the danger of lying. Step 2 (The Promise): The child must make a promise to tell the truth before giving evidence.

Answer 411

A witness can only consult a document while testifying if these conditions are met: Fresh Memory: The document was made or adopted when the witness's memory was "fresh." [s 90(5)] Judge’s Leave: The witness must obtain permission (leave) from the Judge. [s 90(4)(b)(i)] Made or Adopted: The witness must have written it themselves, or it was written by someone else in their presence and assented to by the witness. [s 90(5)] Show Other Parties: The document must be shown to every other party in the proceeding. [s 90(4)(a)]

Answer 412

inconsistency + Intent: Giving evidence inconsistent with a prior statement in a way that shows an intent to be unhelpful. Lack of Veracity: Exhibiting a lack of truthfulness while giving evidence unfavourable to the party who called them. Refusal/Withholding: Simply refusing to answer questions or deliberately hiding evidence they are expected to know.

Answer 413

Charging Document: A formal copy of the document used to charge the defendant. SOF: A summary of the facts of the prosecution's case. Offence Penalties: The maximum (and minimum, if applicable) penalty for the offence. Previous Convictions: A list of the defendant's known criminal history. Rights Summary: A summary of the defendant’s right to request further information before they enter a plea. Youth Record (s 284): A list of previous offences proved under the Oranga Tamariki Act 1989 (if applicable).

Answer 414

Bill of Rights compliance records. Co-defendant statements. Diagrams, photos, and testing device records. Exhibits list. Interviews (both the Defendant and Witnesses). Job sheets and officer notes. Refusal list (with reasons). Witness names.

Answer 415

as soon as reasonably practicable after a defendant has either: * pleaded not guilty; or * when the defendant, if he or she is a child or young person, makes a first appearance in a Youth Court.

Answer 416

will help or hinder the defendant’s ability to defend the charges; would or might detract from the prosecution case, or assist the defence, or incriminate another person.

Answer 417

Police must retain any material or information gathered during an investigation that is relevant to the case, even if it is not intended for use as evidence. Exculpatory Evidence: Anything that casts doubt on the suspect’s guilt. Alternative Suspects: Information that implicates another person. Pro-Defense Facts: Material that points toward a fact or individual favorable to the defense.

Answer 418

After full disclosure, the prosecutor must allow the defense to inspect any exhibits listed in the disclosure (under s 13). The Conditions: The prosecutor can set rules for the inspection to protect: Security & Integrity: Ensuring the exhibit isn't stolen, damaged, or altered. Evidential Value: Maintaining the item's state so it remains valid as evidence. On-going Law Enforcement: Ensuring items still needed for active police work (e.g., specialized gear or active files) remain available for use.

Answer 419

If the defendant is charged and requests it, the prosecutor must provide info about every identification witness (even those the police don't plan to use). Identity: Name and (usually) address of the witness. [s 14A(2)(a)] Description: Any description of the offender given by that witness to Police. [s 14A(2)(b)] Visuals: Copies of any identikit pictures or drawings made based on witness input.

Answer 420

Once criminal proceedings commence, the Criminal Disclosure Act 2008 takes over as the primary law for obtaining information related to the case. Information can be withheld under the OIA or Privacy Act if it is already covered (disclosed or refused) by the CDA. When to use OIA or Privacy Act: Before proceedings start (e.g., during the investigation phase). If the request does not relate to a criminal proceeding. If the information is not covered by the CDA.

Answer 421

adult complainant and child witnesses may automatically have a support person regardless of mode of evidence given. Permission from judge required for: Multiple support persons standard witnesses the defendant- even a child defendant is not automatically entitled to have a support person Support persons are not there to prompt or advise. The judge may give direction that a witness/ complainant is not allowed to have any support persons "in the interest of justice"

Answer 422

Defendant and witnesses may use communications assistants who can enable or facilitate communication with persons who would otherwise struggle to understand court proceedings or give evidence. The defendant may use a comms assistant during the trial even if they dont give evidence.

Answer 423

Prosecution may apply (or the judge may direct) for witnesses to give evidence via alternative means. This could be behind a screen. from a differnt room via AVL from a different building via AVL

Answer 424

Personal Factors: Age/Maturity: Young children or very elderly witnesses. Impairment: Physical, intellectual, psychological, or psychiatric. Background: Linguistic, cultural, or religious beliefs. Witness Well-being: Trauma: The psychological impact of the events. Fear/Intimidation: Witness is scared of the defendant or their associates. The Context: Nature of Proceeding: e.g., sexual offense cases. Nature of Evidence: e.g., highly sensitive or graphic testimony. Relationship: The witness's connection to a party (e.g., family member of the defendant). Absence: Witness is likely to be outside of New Zealand. The "Catch-all": Any other ground that promotes the purpose of the Act (Fairness, Efficiency, Integrity).

Answer 425

Children in criminal trials are automatically entitled to use alternative ways of giving evidence (like CCTV or video recordings). The Exceptions (These rules do NOT apply to): Defendants who are children. Child complainants in sexual cases (they use ss 106C–106J instead). Child propensity witnesses (they also use ss 106C–106J). 2. The Process (s 107) Automatic Entitlement: No need to prove "vulnerability"; the right is automatic. Notice Requirement: The party calling the child must notify the court and other parties which alternative way(s) will be used. Deadline: Must be done when the case management or trial callover memorandum is filed. 3. Reverting to "Ordinary Way" (ss 107A–107B) A party can apply to have the child give evidence in the ordinary way (in person in the courtroom). The Judge must decide if this is appropriate.

Answer 426

Everyone is eligible (lawfully able to testify) and compellable (can be forced to testify against their will) for both the prosecution and the defense. The Five Major Exceptions: Capacity (s 16): Lack of capacity to give rational/coherent testimony due to age, physical, or mental condition (makes a witness "unavailable"). Just Excuse (s 165 CPA): The Judge can excuse a witness from testifying under the Criminal Procedure Act 2011. Privilege (ss 54–64): A witness may be compellable to stand but excused from answering specific questions (e.g., legal privilege or self-incrimination). Exclusion (ss 7 & 8): Evidence excluded if it is irrelevant, unfairly prejudicial, or wastes time. Special Exceptions (ss 72–75): Specific rules for Sovereigns, Bankrupts, and Judges.

Answer 427

Rule: A defendant is never compellable for the prosecution OR the defense in their own trial. Status: They are eligible (can choose to testify) but can never be forced.

Answer 428

Someone charged with an offense arising from the same events or connected to the defendant's offense are not compellable to give evidence for or against the defendant.

Answer 429

An associated defendant can be forced to testify against the defendant only if: Separate Trials: They are being tried separately; OR Determined Case: Their own legal proceeding has been determined (finished).

Answer 430

the court has ordered the prosecution against that person to stop immediately and indefinitely. When a case is "stayed," it is essentially put into a permanent state of suspension. It isn't technically an "acquittal" but the legal proceeding against that person is over. Could be caused by: Abuse of Process Medical Grounds Prosecutorial Discretion

Answer 431

A case is "Determined" [s 73(3)] when: The charge is withdrawn, stayed, or dismissed. They are acquitted (found not guilty). They have been sentenced (after a guilty plea or verdict).

Answer 432

Withdrawn (Prosecution Choice) The prosecution (Police or Crown) decides they no longer want to pursue the charge. Dismissed (Judicial Choice) The Judge throws the case out. Often happens because there is a lack of evidence, a legal flaw/ procedural issue in the prosecution's case A final verdict of "Not Guilty." (Judicial) The Result: The defendant is legally cleared of the charge. Because of the principle of Double Jeopardy, they generally cannot be prosecuted for that same specific crime again.

Answer 433

Co-defendants: two or more people who have been charged with the same crime (or crimes arising from the same event) and are being tried together in the same courtroom at the same time. Accomplices: People involved in the same event but not charged together (e.g., a lookout). Linked Offenders: People charged with a connected crime (e.g., you are the burglar, they are the receiver of the stolen goods).

Answer 434

the right to refuse to disclose or the right to prevent disclosure of otherwise admissible evidence.

Answer 435

Consistency: To avoid two different juries reaching different conclusions on the same facts. Efficiency: It saves time and taxpayer money. Witnesses: It prevents victims and witnesses from having to give the same traumatic evidence twice in two different trials.

Answer 436

Doctors comms Informants (police) Informants (media) Lawyers comms Psycholgists etc comms Religious /spiritual leaders comms Mediation self incrimination Prearation docs for court cases

Answer 437

A party may offer propensity evidence about any person (including witnesses or victims). Three exceptions: 1.The Defendant: Propensity evidence about a defendant is strictly controlled by ss 41, 42, or 43 (to prevent the jury from convicting someone just because they are a "bad person"). 2.Sexual Cases: Evidence about a complainant’s sexual experience is strictly controlled by ss 44–44A (to protect victims from irrelevant character attacks). 3.If the evidence isn't about a defendant or a sexual complainant, it must still be relevant (s 7) and its value must not be outweighed by unfair prejudice or wasting time (s 8).

Answer 438

The Scenario: You and a co-defendant are being tried together. You want to tell the jury, "He has a history of violence, so he was likely the aggressor," to help your own defense. The Two Requirements (The Test): To offer propensity evidence about a co-defendant, you must prove: Relevance: The evidence must be relevant to a defense you have raised (or plan to raise). Judicial Permission: The Judge must specifically permit you to do so. The Purpose: This rule prevents co-defendants from simply "smearing" each other’s character to make themselves look better. The evidence must actually help prove a specific legal defense (e.g., self-defense, duress, or lack of intent).

Answer 439

Types of Propensity a Defendant Might Offer: Good Propensity: Evidence of good character (e.g., "I am a law-abiding person who volunteers at the church"). Neutral Propensity: Neither good nor bad, but useful for an alibi (e.g., "I attend a pottery class every Tuesday without fail"). Bad/Disreputable Propensity (Tactical): Admitting to a lesser or different crime to disprove a more serious one. How it is offered: The defendant can testify about it themselves. OR they can call other witnesses to talk about it, even if the defendant stays silent (doesn't testify).

Answer 440

Offers "Good" character Prosecution may get permission to prove "Bad" character. Offers "Neutral" alibi Prosecution can attempt to disprove the habit/routine. Offers "Bad" (Tactical) Used to argue "I'm a thief, not a murderer." Offers "No Convictions" Usually doesn't open the door to prosecution attacks.

Answer 441

The Core Test: Propensity evidence offered by the prosecution is admissible ONLY if: Its probative value (usefulness in proving an issue) outweighs the risk of unfairly prejudicial effect on the defendant. Key Concepts: Probative Value: How strongly the evidence proves an issue (e.g., identity, intent, or a specific "signature" method). Unfair Prejudice: The risk that the jury will think "He’s a bad person, so he must be guilty" (illegitimate reasoning), rather than looking at the actual facts of the case. Onus of Proof: The Prosecution must prove to the Judge that the benefit of the evidence outweighs the risk.

Answer 442

Prior Convictions: Official records of past crimes. Uncharged Misconduct: Bad acts the person was never caught for. "Prior Acquittal" Evidence: Conduct the person was tried for but found not guilty (See Fenemor v R). Note: Lack of conviction may lower the "probative value" but doesn't make it inadmissible. Subsequent Conduct: Bad acts that happened after the current offense.

Answer 443

Identify Relevance: Clearly state exactly what the evidence is supposed to prove. Outline Positions: Summarize how both the Crown and the Defense view the evidence. Warn the Jury: Specifically instruct the jury not to use "illegitimate reasoning" (e.g., "Don't convict him just because he's a thief; only use this to help decide if he had the specific intent required for this crime").

Answer 444

Frequency (s 43(3)(a)): How often has the defendant done this? (More acts = higher value). Connection in Time (s 43(3)(b)): Did it happen recently or 20 years ago? (Recent acts = higher value). Similarity (s 43(3)(c)): How closely do the past acts match the current charge? Number of Allegations (s 43(3)(d)): Is it just one person's word, or are there multiple independent accusers? Collusion/Suggestibility (s 43(3)(e)): Is there a risk that the witnesses have "compared notes" or been influenced by each other? Unusual Features (s 43(3)(f)): Does the crime have a unique "signature" or "trademark" style?

Answer 445

1. Not just about "Unique Signatures" While "unusual features" (s 43(3)(f)) are great for proving identity, evidence can still be admitted for general similarity even if the crime isn't "unique." 2. Progression in Seriousness Similarity is not diminished just because the new crime is more serious than the old one. Example: If a defendant has a propensity for "groping" and is now charged with "sexual violation," the similarity remains high because they fall within the same category of offending (Hetherington v R).

Answer 446

Evidence or questions regarding a complainant's sexual experience with anyone other than the defendant is prohibited unless the Judge gives permission. The "Heightened Relevance" Test: The Judge will only grant permission if the evidence is: Directly relevant to facts in issue (a higher bar than standard relevance); OR Directly relevant to the sentence; AND Excluding it would be contrary to the interests of justice.

Answer 447

1. Sexual Reputation (Banned): No evidence can be given regarding the reputation of the complainant in sexual matters (including their sexual orientation). This includes how they are "regarded by others." Purpose: To prevent the use of "slut-shaming" or stereotypes to attack a complainant's credibility or suggest they are more likely to have consented. 2. Personal Experience (Allowed - Subject to s 44): A witness can give evidence of their own personal sexual experience with the complainant or their personal knowledge of the complainant's orientation. Note: Even though this is "allowed" under s 44AA, it still must pass the strict s 44 "Heightened Relevance" test and application process first.

Answer 448

To be "Hearsay," a piece of evidence must meet three criteria: A Statement: Spoken/written words or intentional non-verbal conduct (e.g., a deliberate point or nod). Made by a person other than a witness: The person who made the statement is not the one currently on the stand. Offered to prove the truth of its contents: You are trying to prove that what was said is actually true.

Answer 449

Hearsay: A doctor says, "The patient told me he had chest pains," to prove the patient actually had chest pains. (Admissible only if s 18 is met). NOT Hearsay: A doctor says, "The patient told me he had chest pains," to explain why the doctor performed a heart scan. (Admissible to show the doctor's state of mind).

Answer 450

An out-of-court statement is not hearsay if the person who made it is a witness in the same proceeding. Why? Because that person is available to be cross-examined about the statement. Example: A testifies that B said "X did it." If B also gives evidence in that trial, A’s testimony is not hearsay.

Answer 451

If a statement is hearsay, it can only be admitted if it passes the Section 18 Test. You must prove Reliability + Necessity. 1. Reliability (s 18(1)(a)): There must be a "reasonable assurance" that the statement is reliable. The court looks at the circumstances (e.g., Was it a spontaneous cry for help? Was it a formal business record? Did the maker have a reason to lie?). 2. Necessity (s 18(1)(b)): You must also show that: The maker is unavailable (e.g., dead, unfit, or cannot be found); OR Requiring them to attend would cause undue expense or delay.

Answer 452

To get hearsay admitted under s 18, you need "reasonable assurance" of reliability. The court looks at the non-exhaustive factors in s 16(1): Nature & Contents: Is it a formal signed document or a casual chat? What is actually being said? Making of the statement: Where was it made? How much time had passed since the event? Veracity of the maker: Does the person who spoke the words have a history of honesty or a motive to lie? Accuracy of observation: Did the person actually see the event clearly, or was it dark/far away?

Answer 453

You can only use s 18 hearsay if the maker is "unavailable." The law defines this as: Dead: (The most absolute form). Outside NZ: Only if it's not "reasonably practicable" for them to be a witness (Note: Video-link often makes them "available" now). Unfit: Due to age, or a physical/mental condition. Cannot be found: Despite "reasonable diligence" to identify or locate them. Not Compellable: They have a legal right not to testify (e.g., the Sovereign or the Defendant). The "Dirty Hands" Rule (s 16(3)): If you caused the witness to be unavailable (e.g., you threatened them or hid them) to prevent them from testifying, you cannot use the hearsay exception.

Answer 454

It is not just a witness saying "That's him!" It specifically means: An assertion that a defendant was present at or near the scene of an offence. Based on what the person saw. Includes Recognition Evidence (identifying someone you already know). What it is NOT: Observation Evidence: Describing what a person did (e.g., "The man in the red hat hit the victim"). Resemblance/Description Evidence: General features (e.g., "He was tall and had a beard").

Answer 455

The law prefers a "Formal Procedure" (usually a photo montage or line-up). To be valid, it must: Be done as soon as practicable. Compare the suspect to at least 7 other people of similar appearance. Give no indication of who the suspect is. Inform the witness that the suspect may or may not be in the line-up. Create a written and pictorial record of the process.

Answer 456

Police can skip the formal 8-person line-up if: The suspect refuses to take part. The suspect has a singular appearance (e.g., a massive facial tattoo that can't be matched). A substantial change in appearance (e.g., they shaved their head/beard). A chance meeting occurred (e.g., the victim saw the offender at a supermarket later). Identification was made soon after the offence during initial investigations.

Answer 457

This is when a witness identifies the defendant for the first time while they are sitting in the courtroom. General Rule: Strongly discouraged and usually inadmissible. Reason: It's rarely reliable because it’s obvious who the defendant is (they are sitting in the dock!). Under s 45(2), the Crown almost never meets the "beyond reasonable doubt" standard for a dock ID unless there was a very good reason a formal procedure wasn't done earlier.

Answer 458

The Juror Fallacy: Jurors tend to believe witnesses who are confident and consistent, but research shows confidence does not equal accuracy. The Witness's Belief: A witness may be 100% "certain" and still be 100% "wrong." Traditional cues (like watching their demeanor) don't work if the witness genuinely believes their own false memory. The Fix: We use Formal Procedures to minimize the "material risk of predisposing the witness" to pick the defendant (Ah Soon v R).

Answer 459

Timing: Must happen during investigation or soon after arrest (Harney v Police). The "Same Grouping" Rule: Participants must be of the same race, similar age, height, and social grouping as the suspect. Police Presence: The O/C (Officer in Charge) of the case can be present but must not take part. A separate Sergeant or Senior Sergeant should conduct it. The "Unknown" Factor: The witness must be told the suspect may or may not be there.

Answer 460

Definition (s 4): An assertion that a voice heard (first-hand or recorded) belongs to the defendant or someone connected to the crime. The Admissibility Rule: General Rule: Inadmissible by default. The Exception: Admissible only if the Prosecution proves it is reliable. The Standard: Balance of Probabilities (more likely than not). The Legal Oddity: The standard for voice ID (Balance of Probabilities) is actually lower than the standard for a failed visual ID under s 45(2) (Beyond Reasonable Doubt), even though voice ID is generally considered less reliable by experts.

Answer 461

If the witness says, "I've known him for 10 years, it was definitely him," the Police might argue they didn't need a montage because it's Recognition. However, Harney v R says if a montage could "expose an element of unreliability" (e.g., showing the witness can't actually pick the friend out of a group of similar people), then the Police should still do it.

Answer 462

The Core Rule: If a defendant's statement (usually a confession) was made in circumstances that likely affected its reliability, it must be excluded. The Process: Raise the issue: The Defense (or Judge) must show an "evidential foundation" (a low threshold) that the statement is dodgy. The Burden: The Prosecution must then prove it is unlikely that the circumstances affected reliability. Standard of Proof: Balance of probabilities. Factors the Judge MUST consider (s 28(4)): The defendant's physical/mental/psychological condition (e.g., drunk, sleep-deprived, or mentally ill). The defendant's characteristics (e.g., intellectual disability). The nature and manner of the questioning (e.g., was it a 10-hour interrogation?). Any threats, promises, or representations made (e.g., "Confess and we'll let your girlfriend go").

Answer 463

What is "Improperly Obtained"? (s 30(5)) Breach of an enactment or rule of law (e.g., Search and Surveillance Act). Breach of the NZ Bill of Rights Act. Obtained unfairly. Obtained as a result of an inadmissible statement.

Answer 464

Evidence improperly obtained is not always inadmissible. The Judge decides if excluding the evidence is proportionate to the impropriety. They weigh the "Bad Act" by the Police against the "Need for Justice."

Answer 465

“Any potential future, uncertain event that may affect the achievement of our objectives.”

Answer 466

strategic organisational operational portfolio

Answer 467

Risk that may effect acheiving strategic objectives. high level/ thematic/long term (5-10yr) risks important to core policing strategic intent. Managed by ELT / Commissioner

Answer 468

Risks that are systemic and affect one or more work group. Risks that relate, at an enterprise level, to Capability and Capacity External Environment Finance Information Management Legal and Regulatory Compliance Managing Change People Managed by Service Centres and Districts.

Answer 469

Risks that may affect the achievement of day‐to‐day operations. Risks that relate to the business‐as‐ usual operational activities of staff (including constabulary and employees) who deliver services to the public. Managed by all staff.

Answer 470

1. The First Line: Ownership and Action Who: Everyone (all staff). Key Roles: * Identify & Discuss: Spotting potential risks early. Integrate: Using risk data to inform daily decision-making. Manage & Escalate: Handling risks within your scope or reporting them upward if they are too large. Record: Formally logging risks in a Risk Register or log. 2. The Second Line: Monitoring and Oversight Who: Management and specialized functions in Districts, Service Centres, and PNHQ. Key Roles: Oversee: Ensuring the First Line is actually following risk protocols. Monitor: Checking the health of the "management environment." Support: Helping define the "risk controls" that the First Line uses. 3. The Third Line: Independent Assurance Who: Assurance Group and independent auditors. Key Roles: Verify: Providing an objective, "outside" view of the entire system. Certify: Confirming that controls are not just written down, but are operating as intended. Audit: Assessing the effectiveness of both the First and Second lines.

Answer 471

communicate and consult. Done at all stages. uses different peoples experience, skills and knowledge. Stakeholders considered secure support for further risk managment. Escalate and collaborate The right people have the right information at the right time to assess/ manage risk

Answer 472

The goal is to understand the activity’s relevance to Police success, identify objectives, and define internal/external factors that influence the outcome.

Answer 473

Risk: A future uncertain event that may happen. Issue: Something that has happened or is currently happening.

Answer 474

1. establish context 2.ID risk. 3.Analyse risk impact 4. evaluate risk 5. take action

Answer 475

1. Cause: The source or reason. 2. Uncertain Event: The actual risk. 3. Consequence: The impact/effect if it occurs.

Answer 476

Threat: A human actor (defined by Intent x Capability). Hazard: Non-human/environmental (e.g., a river, geological fault). Both contribute to risk by changing likelihood or consequence.

Answer 477

1. Nature/Level of risk. 2. Change to likelihood/consequence. 3. Amount of reduction achieved. 4. Reliability (will it function as intended?). 5. Availability (is it always there or only sometimes?).

Answer 478

1. Act: Take treatment steps. 2. Monitor: Watch closely. 3. Accept: Acknowledge risk but take no further action (due to cost/feasibility). 4. Achieved: Note that current mitigation is sufficient.

Answer 479

When the risk cannot be managed within your level of authority or current resources. (Note: A "High" rating doesn't always require escalation if the owner can mitigate it effectively).

Answer 480

Confidence (assurance) in the treatment. Cost vs. Benefit. The internal and external context.

Answer 481

Ensuring actions are implemented and working. Tracking progress and trends. Learning from past successes/failures. Updating assessments when the environment changes.

Answer 482

* legal– it’s the law * ethical– looking after our people is the right thing to do * Our Business– good health and safety is good business.

Answer 483

Workers and others should be given the highest level of protection against harm to their health, safety, and welfare as is reasonably practicable.

Answer 484

1. Eliminating risks (removing them entirely). 2. Minimising risks (if they cannot be eliminated), so far as is reasonably practicable.

Answer 485

1. Consult 2. Co-operate 3. Co-ordinate activities.

Answer 486

By progressively raising standards through: Effective monitoring and review. Providing governance and forums to scrutinize H&S performance. Promoting advice, education, and training.

Answer 487

Health and Safety at Work Act (HSWA)

Answer 488

Person Conducting a Business or Undertaking

Answer 489

To provide fair and effective opportunities for staff to participate in H&S matters, resolve issues, and work constructively with unions (e.g., the Police Association).

Answer 490

* Equal Representation: Balanced numbers of employees and employers. Manageable Size: Must be realistic and functional.

Answer 491

For Police management and Health and Safety Representatives (HSRs) to work together to promote excellence in systems and allow HSRs to participate and recommend improvements.

Answer 492

health and safety representatives (HSRs).

Answer 493

Direct Action: Worker and Supervisor attempt to resolve the issue. Representation: If unresolved, call the HSR. Specialist Advice: For technical issues or complex matters, contact the District H&S Advisor (Safer People team).

Answer 494

* Plan – Assess risk and identify control measures. * Do – Implement control measures. * Check – Monitor performance of control measures. * Act – Take action on lessons learnt.

Answer 495

predictable and/or remain constant over a period of time. Static risks can be planned for, and controls established ahead of time.

Answer 496

difficult to predict or occur because of sudden changes are known as dynamic risks these are hard to plan for and controls may need to be implemented ‘on-the-run.’ Use TENR to manage

Answer 497

A critical risk is death or life-threatening injury.

Answer 498

All incidents and near misses should be reported using My Police by the person(s) involved in the incident or near miss. When the person involved is unable to complete the report, for example if incapacitated by injury, then their supervisor should make the report on their behalf.

Answer 499

Any incidents or near misses reported by your staff will require you to complete a debrief and review of what happened. All incidents and near misses must be reviewed by a supervisor. The purpose of a workplace health and safety review is to identify the system level causes (root causes) of an adverse event so they can be addressed, and appropriate preventive controls put in place to prevent the incident happening again.

Answer 500

a “damn that was close” moment. unplanned/unexpected event that occurs as a result of Police work activities and, under slightly different circumstances, could have resulted in harm to a person but did not. May also include loss of property but no harm to persons.

Answer 501

* the death of a person * a notifiable injury or illness * a notifiable incident. Must be related to work/ work conditions

Answer 502

Notification to district health and safety advisor. Worksafe notified via DHSA or Safer People team (or DCC if after hours)

Answer 503

Any injury or illness requiring immediate treatment other than first aid.

Answer 504

Any injury/illness that requires (or would usually require) the person to be admitted to a hospital for immediate treatment.

Answer 505

Any injury/illness requiring (or usually requiring) medical treatment within 48 hours of exposure to a substance.

Answer 506

When it is a serious infection where the carrying out of work was a significant contributing factor.

Answer 507

Just going to the Emergency Department (A&E) for a check-up is often not "notifiable." The key legal word is "admitted"—meaning the person stayed as an inpatient.

Answer 508

unplanned or uncontrolled events where a worker is exposed to a serious and imminent risk of harm. In other words – serious near misses.

Answer 509

Duty to notify certain events to WorkSafe. These events can include: * being admitted to hospital (admitted means getting a bed, not being treated as an outpatient to receive stitches or similar) * serious head injuries * loss of consciousness. Certain near miss events which have the potential for death or serious injury must also be reported to WorkSafe.

Answer 510

A critical risk is something that can seriously harm or kill our people. As at 2024 New Zealand Police has identified seven critical risks: * contractors and third parties * custody * driving * hazardous exposure * motivated offenders * psychological harm * roadside operations

Answer 511

an incident involving: death or a life-threatening injury to any person: during any police activity. In Police custody In Police car. incident where a Police employee discharges a firearm intentionally at a person, whether or not death or injury results accidental discharge that results in death or injury.

Answer 512

The Police Critical Incident Investigation. It drives and informs all other subsequent enquiries and reviews.

Answer 513

1. Determine the circumstances of the incident. 2. Gather and preserve all evidence. 3. Establish if force was legally justified and if anyone is criminally liable.

Answer 514

1. Wellness needs of involved employees. 2. Reputational risks to New Zealand Police.

Answer 515

Criminal (Lead) Facts, evidence, and criminal liability. Employment Specific potential breaches of the Code of Conduct. H&S Review Internal look at safety failures/improvements. IPCA Independent public accountability. WorkSafe Compliance with the Health and Safety at Work Act 2015.

Answer 516

The material generated by the Police Lead Investigation is not kept in a vacuum. It is provided to the IPCA and may be shared with other agencies (like WorkSafe or the Coroner) as required to ensure transparency and efficiency.

Answer 517

The overall incident and the multi-agency response.

Answer 518

Only the staff within their own agency.

Answer 519

Control is the authority to direct the overall incident response; Command is the vertical authority to direct personnel within one's own organization.

Answer 520

Resources applied directly within the community

Answer 521

* Cordons * Command of immediate situations and responses * Command of all Police resources in attendance * Manage interagency cooperation.

Answer 522

multiple tactical level activities occur or when the complexity of the situation requires a higher level of command.

Answer 523

* Command of overall incident or incidents * Taskings of specialist groups (eg AOS) * Command of resource distribution to roles * Managing consequences of ongoing responses or event development * Interagency coordination at operational level.

Answer 524

when the scope, consequence, community or political implications of an event require management.

Answer 525

* Command of overall incident or incidents * Command multiple operational activities * Command community engagement * Command consequence management * Liaison with Executive, government and media.

Answer 526

Everyday activities and responsibilities that Police respond to and manage as part of normal business.

Answer 527

An incident that develops from a steady state into an emergency over a prolonged period (e.g., widespread flooding).

Answer 528

Ensuring the nature of the incident is understood so a proportionate response can be applied.

Answer 529

An incident with no warning, requiring an initial response even if information is incomplete.

Answer 530

An operation where Police have the time and opportunity to develop specific plans and tactics in advance.

Answer 531

Due to a new or evolving situation, such as a planned demonstration turning into disorder.

Answer 532

Aim Factors courses of action outline plan

Answer 533

what the operation aims to achieve.

Answer 534

a clear, concise directive, verbal or written, that outlines the basic purpose of the operation. Should consider: the timeline for planning higher-level Commander's guidance lower-level Commander's mission, purpose and key tasks Commander’s Critical Information Requirements (CCIR) list priorities determined by the Commander. Commander’s desired end state.

Answer 535

circumstances that may influence /impact operations Factor... Ask so what... Therefore... my action/reaction

Answer 536

a risk assessment which looks to identify considerations that should be considered during an immediate response or a planned operation to minimise harm, increase safety for our community and maintain trust and confidence in Police.

Answer 537

courses of action available, to achieve the mission.

Answer 538

once the preferred course of action has been identified and approved, is to develop an plan.

Answer 539

the format for a Controller or Commander to record a plan to convey to staff the desired outcome of the operation and how the operation is to be conducted. It is also a directive on how set tasks are to be carried out.

Answer 540

preferred written. Can be verbal if time pressue esists. Accurate/ clear/ simple GSMEAC Ground- terrain and makeup of the area Situation- * General outline- summary and background * Assumptions- assumptions made by the Controller/Commander * Own Forces- total Police resources Mission- Or aim Execution- * General outline- overview of the how the operation will be executed * Group details- group is identified along with the O/C, 2 I/C, staff, their location and their key tasks. * Coordinating Instructions - timings for the execution of the operation. Administration and logistics- how the support functions will be carried out. command and signals- control and command elements and how staff will communicate with each other and headquarters. Commander/ 2IC to be named

Answer 541

Action plan in multiagency response

Answer 542

The result of a happening (natural or otherwise). A cause of loss, injury, or danger to public safety/property. Beyond the capacity of emergency services or requiring a significant coordinated response.

Answer 543

Natural events (earthquake, flood, plague) or man-made events (explosion, technological failure, warlike act).

Answer 544

An emergency includes the failure of or disruption to an emergency service or a lifeline utility.

Answer 545

The situation cannot be dealt with by emergency services alone, or it requires a significant and coordinated response under the Act.

Answer 546

State of emergency Controller/ constable Evacuation (getting people out). or Exclusion (keeping people/cars out). Preservation of human life.

Answer 547

State of emergency Controller/ constable . Power to enter/ on or break into Any premises or place RGTB action neccessary Life/Safety: Saving life, preventing injury, or rescuing/removing endangered persons. or Relief: Facilitating urgent measures for the relief of suffering or distress.

Answer 548

State of emergency Constable/ controller prevent or limit the extent of the emergency, totally/ partially prohibit or restrict public access, with or without vehicles, to any road or public place within the area or district

Answer 549

State of emergency Constable/ controller prevent or limit the extent of the emergency Remove or break any any aircraft, hovercraft, ship ferry vessel train vehicle impeding civil defence emergency management

Answer 550

State of emergency Constable /controller necessary to preserve human life. direct the owner or person in charge of specific property to place it under official control. This includes: Transport: Vehicles, boats, and aircraft. Infrastructure: Land, buildings, and construction/earth-moving equipment. Supplies: Food, medicines, medical supplies, furniture, and bedding. Animals & Tools: Any animals, apparatus, or implements needed for the response.

Answer 551

Written Statement: person seizing property must provide a written statement to owner specifying what has been taken /who is responsible for it. Absent Owners: If the owner cannot be found, authorities may take immediate control but must provide the written statement as soon as reasonably practicable. 4. Owner Obligations The owner (or former person in charge) is legally required to provide any assistance reasonably required to ensure the property is used effectively and safely by the authorities.

Answer 552

STate of emergency constable / controller 1. Directing Activities Stop Activities: Mandate that any person stop an activity that might cause or worsen an emergency. Request Action: Ask a person (verbally or in writing) to take steps to prevent or limit the emergency's extent. 2. Mandatory Structure Assessments (Subsections 2–5) Authorities can direct owners of specific structures (or types of structures) to obtain an assessment of how the emergency has affected them. The Safety Test: Before giving this direction, the authority must consider if the structure poses a risk to life, injury, or other property. Requirements of the Direction: The order must state the purpose, specify what needs to be assessed, and set a reasonable deadline. Owner's Obligations: The owner must conduct the assessment exactly as directed and at their own expense, then provide a copy of the results to the authority. 3. Appeals and Relief (Subsections 6–8) Right to Appeal: Owners can appeal to the District Court if they believe the direction is "unreasonable." Financial Limitation: If the court grants relief to the owner, that relief is strictly limited to the reasonable costs of obtaining the assessment.

Answer 553

State of emergency Constable/ controller destroy disinfect examine, mark, seize, sample, secure, any animal property Thing in order to prevent or limit the extent of the emergency.

Answer 554

State of emergency Constable / controller 1. Proof of Identity The person must have identification with them. They must produce that identification if someone requests to see it. 2. Proof of Authority If requested, the person must provide: Evidence of Authority: Documentation or proof that they are authorized to act (e.g., being a constable or a delegate of a Controller). Explanation of Power: A general explanation of which specific legal power they are currently using and the legislation that allows it.

Answer 555

It is an offence to intentionally fail to comply with any requirement specifically set out in a civil defence emergency management plan.

Answer 556

protects those working during a state of emergency or transition period. It is an offence to: Threaten or assault any person exercising their duties under the Act. Intentionally obstruct or hinder any person performing a function or power under the Act.

Answer 557

For Individuals: Up to 3 months imprisonment, a fine up to $5,000, or both. For Bodies Corporate (Companies): A fine up to $50,000.

Answer 558

Use of mobility devices is encouraged, however assignment to P1 and P2 events should always be made over the radio network, not via a mobility device, for situational awareness of the dispatcher and other front-line staff.

Answer 559

The Emergency Communications Centre (ECC) Shift Commander is responsible for the initial command of all incidents reported to the ECC. \ The ECC acts as the Incident Controller from the moment of first notification until the role is formally transferred to a field supervisor.

Answer 560

Rank Requirement: Where possible, the Incident Controller should be a constable at the rank of Sergeant or above within the district. ECC Oversight: In some cases, the ECC Shift Commander may retain control or take it back from a district controller if the situation requires it.

Answer 561

If the ECC decides to retain overall incident control, they must appoint a Forward Commander: Forward Commander (Field Supervisor): Commands all resources physically at the scene. Incident Controller (ECC): Retains overall strategic control of the incident from the center until it is eventually transferred.

Answer 562

1. Command & Assessment Assume Control: Establish leadership immediately upon arrival at the scene. Situational Awareness: Ascertain exactly what is happening and process all relevant incoming information. Safety First: Prioritize the identification of hazards and risks, taking immediate action to mitigate them for the safety of all involved. 2. Planning & Strategy The "Appreciation": Conduct a formal assessment (Appreciation) to develop a structured, immediate response plan. The "What If": Engage in Contingency/Immediate Action (IA) planning to prepare for potential changes or escalations in the situation. 3. Communication & Execution Reporting: Provide "Sit Reps" (Situation Reports) to the ECC and other personnel to ensure everyone has a shared operating picture. Briefing: Direct all staff activities, ensuring every person understands their specific role and responsibility. Accountability: Formally record all decisions made for legal and operational review.

Answer 563

1. Sustaining Operations (The Build-Up) Facilities: Establish the physical infrastructure needed to manage the event, such as an Incident Control Point (ICP) or Staging Areas for incoming resources. Logistics & Briefing: Prepare for the arrival of additional staff and plan for the next phases of the operation. Communications: Maintain a constant flow of information between the scene and the Emergency Communications Centre (ECC). 2. Welfare & Community Impact Staff Welfare: Actively monitor and address the physical and mental needs of staff on the ground (e.g., breaks, hydration, trauma support). Community Lens: Consider how Police tactics and presence affect the wider community and take steps to manage those impacts. 3. Interagency Coordination Liaison: Establish and maintain clear communication and cooperation with partner agencies (e.g., Fire, Ambulance, Civil Defence). 4. Continuous Improvement & Closing Ongoing Appreciation: The situation is fluid; the Commander must continually reassess the situation and update the "Appreciation" (plan). The "Hot Debrief": Before staff leave the scene, conduct an immediate debrief to discuss what happened. Learning: Formally identify and record lessons learnt to improve future responses.

Answer 564

1. The Flow of Authority (Stages 1 & 2) Delegation: The ECC Shift Commander delegates their authority to ECC Team Leaders and Dispatchers. Compliance: Field units must follow the directions of dispatchers and team leaders as if the orders came directly from the Shift Commander. This ensures immediate response capability without waiting for a senior officer's approval for every move. 2. Decision-Making Criteria (Stage 3) When deploying resources, ECC staff (dispatchers/team leaders) are not acting in a vacuum; they must take into account local district policies and priorities. 3. Escalation and Final Word (Stages 4 & 5) Problem Solving: Any operational queries or disagreements should first be handled by Field Supervisors or ECC Team Leaders. The "Buck Stops Here": The ECC Shift Commander always holds the final decision-making power in all operational matters.

Answer 565

The following matters must be considered before control is transferred to field units: * In the early stages of an incident the ECC is usually best equipped to control the response. * The highest-ranking person is not necessarily the most appropriate to assume control. * The designated forward commander / incident controller should not be delegated control until they have had the opportunity to: − establish an incident control point. − familiarise themselves with the incident and obtain a briefing. − formulate a response plan.

Answer 566

1. establish SFP 2. Choose Foward commander. 3. Direct them to SFP. 4. Forward commander- 10/7 SFP. 5. Phone forward commander to dicuss known circumstances/ TENR/ risks/ Tactic/ willingness of forward commander to assume command. 6. Agreed transfer occurs. 7. Broadcast transfer over radio. 8. Direct all staff to SFP and confirm ID of forward commander.

Answer 567

1. Initial Tactical Authority The Dispatcher's Role: Acting for the Shift Commander, the dispatcher sets initial tactics and deploys resources. Consultation: For major incidents, the dispatcher consults with ECC supervisors and field supervisors to ensure the plan is sound. 2. Radio Discipline for Field Units To ensure "disciplined communication" and effective decision-making, units must follow these five rules: Awareness vs. Intrusion: Unassigned units should listen and maintain situational awareness but must not chime in unless the dispatcher specifically calls for additional "free units." Information Retention: Officers should write down details as they are given. Requesting repeats clogs the radio airwaves. Restricted Traffic: In the early stages, the airwaves belong only to the units involved. Non-involved units must avoid making non-urgent requests or "checking in" just to state their location. Immediate Compliance: Once a tasking is given, units must comply immediately. The scene is too fluid for debate over the radio. Necessity Filter: Before pressing the transmit button, an officer must ask: "Is this information absolutely necessary right now?"

Answer 568

1 Summary of incident, including weapons. 2 Time delay 3 Direction of travel 4 Mode of travel 5 Description of offender / vehicles 6 Additional relevant information (hazards, weapons, etc)

CPK Flashcards

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