Can police confiscate personal property?
Lolly made this Official Information request to New Zealand Police
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From: Lolly
Dear New Zealand Police,
I'd like to know if officers are allowed to confiscate personal property, specifically referring to items that are not illegal to hold in ones possession or use in a public place (as far as I'm aware) ie a megaphone, and what the bounds are for such confiscations?
According to communitylaw.org.nz there are restrictions around when and where you can make noise and that the local council is responsible for deciding whether the noise is above a reasonable level. If a council noise control officer thinks you’re making too much noise at a protest, they could issue you an Excessive Noise Direction (END), ordering you to reduce the noise to a reasonable level. If you don’t immediately obey, the police can take away things that you’re using to make noise – for example, drums or a megaphone. I am asking whether the police can take away personal property if the person has not received an END order.
Yours faithfully,
Lolly
From: Ministerial Services
New Zealand Police
Tçnâ koe Lolly
I acknowledge receipt of your Official Information Act 1982 request below, received by Police on 22 April 2024.
Your reference number is IR-01-24-13556.
You can expect a response to your request on or before 21 May 2024 unless an extension is needed.
Ngâ mihi
Lisa
Ministerial Services
Police National Headquarters
-----Original Message-----
From: Lolly <[FOI #26508 email]>
Sent: Monday, 22 April 2024 11:26 AM
To: Ministerial Services <[email address]>
Subject: [EXTERNAL] Official Information request - Can police confiscate personal property?
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
Dear New Zealand Police,
I'd like to know if officers are allowed to confiscate personal property, specifically referring to items that are not illegal to hold in ones possession or use in a public place (as far as I'm aware) ie a megaphone, and what the bounds are for such confiscations?
According to communitylaw.org.nz there are restrictions around when and where you can make noise and that the local council is responsible for deciding whether the noise is above a reasonable level. If a council noise control officer thinks you’re making too much noise at a protest, they could issue you an Excessive Noise Direction (END), ordering you to reduce the noise to a reasonable level. If you don’t immediately obey, the police can take away things that you’re using to make noise – for example, drums or a megaphone. I am asking whether the police can take away personal property if the person has not received an END order.
Yours faithfully,
Lolly
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The information contained in this email message is intended for the addressee only and may contain privileged information. It may also be subject to the provisions of section 50 of the Policing Act 2008, which creates an offence to have unlawful possession of Police property. If you are not the intended recipient of this message or have received this message in error, you must not peruse, use, distribute or copy this message or any of its contents. Also note, the views expressed in this message may not necessarily reflect those of the New Zealand Police. If you have received this message in error, please email or telephone the sender immediately
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From: Ministerial Services
New Zealand Police
Tēnā koe Lolly
Please find attached the response relating to your Official Information
Act request, received by Police on 22 April 2024.
Ngā mihi
McCoy
Ministerial Services
Police National Headquarters
===============================================================
WARNING
The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents. Also note, the views expressed in this
message may not necessarily reflect those of the New Zealand Police. If
you have received this message in error, please email or telephone the
sender immediately
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