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Acknowledgement Of Police Role In Policing

(1) This Act affirms that policing takes place in a networked and co-operative environment in which -

(a) all citizens and residents of Aotearoa/New Zealand are obliged to help uphold the law, keep the peace, prevent crime, and bring offenders to justice; and

That individuals will be given the legislative tools to help uphold the law by ensuring they can defend their property with whatever force is required without fear of being charged and can catch and hold criminals, even at the point of a gun until police arrive.

(b) local authorities can work with Police to support the social well-being of communities, through crime prevention and safety services, regulatory activities, environmental design, and planning processes; and
(c) government agencies other than Police contribute to public safety, in particular through their lead or joint responsibility for enforcing specific legislation.

(2) The functions of Police include, but are not limited to-

(a) the prevention of crime and offenses against all human beings; and
(i) Protecting private and public property (ex: Catching burglars and taggers)
(ii) Keeping the streets safe and clear of harmful individuals so people feel safe in public spaces (ex: drunks)
(iii) Keeping all human beings especially children safe from harmful influences (ex: Catching P dealers)
(b) maintaining public order and safety; and
(c) law enforcement; and
(d) community support and reassurance; and
(e) protecting national security, including by participation in international policing activities; and
(f) emergency management.
(g) preserve the integrity of the institution of the law and the New Zealand police itself.
(h) seeking to reduce crime, fear of crime, public disorder, intimidation and perceived intimidation
(i) making sure that human rights are upheld.

(3) This section does not affect any powers, immunities, privileges, or duties which Police employees have by virtue of any other enactment or common law.

(4) This section does not confer on any person a legal right he or she would not otherwise have, to require Police to perform a function or service, or to refrain from performing a function or service.


Alternative views

  • Police should not be involved in day to day traffic duties, that should instead be run by a separate body.
  • Police should however be limited in their response to someone defending their own home or business. If a person harms a criminal who enters their premises uninvited or refuses to leave their premises when asked to do so, police are to confine themselves to helping clean up, determining that the criminal was there unlawfully and not lured into the premises and arresting the criminal. Police should not normally charge people who injure a dangerous criminal while defending themselves or others, their home, business or property.
  • Police should however be limited in their response to someone defending their own home or business. If a person harms a criminal who enters their premises police are to confine themselves to helping clean up, determining that the criminal was there unlawfully and not lured into the premises and arresting the criminal. Police should not normally charge people who injure or terminate a crim while defending themselves or others, their home, business or property.
Comment
[on what basis can the person decide that the person who enters their premises is a criminal? fine line here for children are retreiving lost balls etc, to what extent may a person injure or terminate a tresspasser?]
Response
Straw Man argument. People who shoot children retrieving balls will do so allowed or not - allowing people to render criminal harmless is not a declaration of open season on innocent children retrieving balls. The paragraph above mentions the criminals must be acting unlawfully.
Comment
The comment about the rights of an individual when faced with a criminal entering their property reinforces the need for the clarification of the common-law right of self-defence and so-called "Citizen's Arrest". But these are part of the Crimes Act, not the Police Act. They badly need re-affirming and strengthening.
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Page last modified on 02 October 2007 at 09:04 AM

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