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• Don't be smart with the Police.
• Don't swear at them or threaten them.
• Never struggle with the Police, or hit them. Don't take off or run away.
• You may feel angry or upset but assaulting a Police Officer can land you in big trouble.
• If Police are hassling you and they haven't arrested you and aren't asking you your name, date of birth and address, just walk away and say nothing.
• If you think the Police are hassling a friend of yours don't get involved. It won't help your mates if you get into trouble too.
• The best thing you can do is to stand nearby and listen and watch.
• Get the officer's name and identification number if you can.
• Their identification numbers are usually displayed on black discs on their shoulders.
• Then, if your friends are arrested or taken away by the Police, call a lawyer or youth worker.
• You should write down what happened as soon as you can before you forget anything.

Being Questioned by the Police

(a) Your Right to Silence

The Police can come up to you and ask you questions.

The only thing that you have to tell them is your correct name, address and date of birth. You have the right to silence and you don't have to answer any other questions.

You can talk to a lawyer before saying anything else.


(b) Your Right not to go with the Police

You don't have to go anywhere with the police unless you have been arrested or you are under 17 and "at risk". So always ask if you’ve been arrested. You can be at risk if you are drunk, wasted, or at risk of being abused or hurt.

If you do not want them to take you home say so. They will then take you to a Social Welfare home.

The link on Drugs and the Law also gives more information on what you rights are when questioned by the police.

See HERE for information on Questioning at School.


Witnesses

If you have seen someone committing a crime you can report it to the Police and you can make a statement. You may later be called as a witness to give evidence in Court. You do not have to report a crime just because you think you have information about one.

However, if you do report something and make a statement the police can make you give evidence in court if they decide that you are an important witness. If you don't go, you maybe committing an offence.

If the Police are asking you questions as a possible witness they do not have to read you your rights but they do have to treat you with patience and sensitivity. They cannot threaten or bully you.

[s 181 Summary Proceedings Act 1957; s 351 Crimes Act 1961]


Searches

The Police can only search you, your belonging, your home or car if:

• you let them, or
• you are arrested, or
• they have a search warrant, or
• there are reasonable grounds to suspect you have drugs or an offensive weapon on you, or
• you are in a public place where there is a liquor ban and they are searching for alcohol, or
• you are in transit (i.e. in an airport, railway station or other such place) and they have reasonable grounds to believe that you have property that has been stolen or unlawfully obtained.

(a) Searches of Person

The Police can search you without a search warrant if they reasonably believe that you are carrying drugs.

[s 18 Misuse of Drugs Act 1975]

The Police can search you without a search warrant if they reasonably believe that you are carrying an offensive weapon.

[s 202(b)(1) Crimes Act 1961]

The Police should not strip-search you unless in exceptional circumstances.

If you are female, usually only the female police officers can search you.


(b) Vehicle Searches

The Police do not need a search warrant to search a vehicle if they believe any property that is stolen or obtained by a crime involving dishonesty is in the vehicle.

[s 224 Crimes Act 1961]

The police can also search your vehicle if they reasonably believe that you are carrying drugs or an offensive weapon.

[s 18 Misuse of Drugs Act 1975; s 202(b)(1) Crimes Act 1961]


(c) Searches of Property

Generally, the police require a search warrant to search your residential property.

[s 198 Summary Proceedings Act]


(d) Consent to Searches

If the police ask to search you, your vehicle, belongings or home and you don't agree, say 'I don’t consent to this search'. Silence is taken as agreeing to the search. If they insist on searching you, ask for their reason for doing so. If they continue to insist on searching you, do not resist but take note of their reasons and Police identification number. Encourage your friends to stay and witness what happens.


(e) Search while in custody

Generally, if you have been taken into lawful custody, the police can use reasonable force to search you and all your money or property found on you will be taken away until you are released.

[s 37 Policing Act 2008]


(f) Points to Remember

When you are being searched ask the officer what law and what section of the law, you are being searched under. Make sure you write down exactly what the officer answers, or get another witness if possible to listen in as the officer searches you. Ask them “am I under a arrest?” If they say “yes” do not run away or resist.


(g) Your Rights under New Zealand Bill of Rights 1990

In addition to all of these factors, people have a “right not be unreasonably searched or have property unreasonably seized” under s 21 New Zealand Bill of Rights 1990.