Police officer taking private property
Mel made this Official Information request to New Zealand Police
The request was successful.
From: Mel
Dear New Zealand Police,
I would like to know where i can find information on circumstances where a highway patrol officer can reach into a car to remove & take keys from the ignition.
Yours faithfully,
Mel
New Zealand Police
Dear Mel
I acknowledge receipt of your Official Information Act (OIA) request
below. Your request is being actioned pursuant to the Act.
Kind regards
Ministerial Services
PNHQ
-----"Mel" <[FOI #12010 email]> wrote: -----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "Mel" <[FOI #12010 email]>
Date: 12/01/2020 02:20AM
Subject: Official Information request - Police officer taking private
property
Dear New Zealand Police,
I would like to know where i can find information on circumstances where a
highway patrol officer can reach into a car to remove & take keys from the
ignition.
Yours faithfully,
Mel
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New Zealand Police
Dear Mel
Please find attached our response to your OIA request.
Kind regards
Ministerial Services
PNHQ
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Mr Rodgers left an annotation ()
From Community Law web site:
Power to forbid driving and immobilise vehicles
Land Transport Act 1998, ss 121, 121A
The police can order you not to drive and can immobilise or move your vehicle if they believe on reasonable grounds that:
* you’re not capable of properly controlling the vehicle, or
* you’ve failed a drug impairment test or you’ve refused to do the test, or
* you’ve breached the rules on driving hours and rest time for truck drivers and other commercial drivers, or
* you’ve breached the conditions of a learner licence or restricted licence.
In these situations, the police officer can do one or more of the following things:
* order you not to drive for a specific period
* order you to drive home or to some other specific place where you can rest
* take your keys
* immobilise the vehicle or move it to where it won’t be a traffic hazard.
https://communitylaw.org.nz/community-la...
Link to this