Offensive weapons, knives and
disabling substances
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Detailed table of contents
This chapter contains the following topics:
Executive summary
Overview
• Introduction
• Health and safety duties
- Maximising safety and minimising risk
- Health and safety should be an everyday conversation
• Relevant law
• Additional information
Definitions
• Disabling substance
• Intention to commit an offence
• Knives
• Offensive weapon
• Public place
• Made or altered
• Cause bodily injury
• Any article
Offences
• Table of offences
Powers
• To search and seize
• Warrantless searches of people for knives, offensive weapons and disabling
substances
• Stopping and searching vehicles for knives, offensive weapons and disabling
substances
- Searching vehicles
- Stopping vehicles
• Duties and obligations
• To arrest
• Sentence for second conviction
Dealing with possession of offensive weapons etc in a public place
• Initial action
• Action at the scene
• Evidence
• Related chapters
Dealing with possession of offensive weapons etc in any place
• Initial action
• Action at the scene
• Evidence
• Related chapters
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Executive summary
In certain circumstances it is unlawful for persons to have in their possession, or
threaten to use, knives, offensive weapons or disabling substances.
Police must be aware of these key, critical points when investigating offensive weapons,
knives and disabling substances:
• The legislative definition of the term ‘offensive weapon’ includes four overlapping
classes of article.
• Search and seizure powers along with constables’ duties and obligations with
exercising those powers are contained in the Search and Surveillance Act 2012.
• Apply the Tactical Options Framework for safe practice when dealing with possession
of offensive weapons, knives and disabling substances.
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Overview
This section contains the following topics:
• Introduction
• Health and safety duties
- Maximising safety and minimising risk
- Health and safety should be an everyday conversation
• Relevant law
• Additional information
Introduction
This Police Manual chapter explains:
• legislation relating to offensive weapons, knives and disabling substances
• your powers and procedures when dealing with offensive weapons and related items.
Health and safety duties
Maximising safety and minimising risk
Maximising safety and eliminating or minimising risk at work is the responsibility of all
Police employees and persons engaged by Police to provide a service including
contractors and their employees, trainees, interns and volunteers. It is delivered through
meeting the obligations under the Health and Safety at Work Act 2015 and Police safety
policies.
A key enabler is the application of the TENR-Operational threat assessment in the
workplace.
The expectation of the Commissioner and the Act is that persons in the workplace will
take reasonable care to ensure that their acts or omissions do not adversely affect the
health and safety of other persons, comply as far as they are reasonably able to with any
reasonable instruction that is given in order to comply with the Health and Safety at
Work Act 2015 or regulations under that Act. They will co-operate with any reasonable
policy or procedure relating to health or safety at the workplace that has been notified to
them and take immediate action to stop any perceived or potential breach of the act or if
impractical, immediately report the matter to a supervisor.
Health and safety should be an everyday conversation
Relevant Police instructions include:
• Hazard management
• Health and safety
• Wellness and safety
• this chapter in relation to the safe execution of powers and investigation procedures
when dealing with offensive weapons and related items.
Relevant law
Relevant law includes:
• Arms Act 1983
• Crimes Act 1961
• Summary Offences Act 1981
• Search and Surveillance Act 2012.
Additional information
Additional relevant information is contained in these chapters of the Police Manual:
• Arms
• Assaults and injuries to the person
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• Attempts
• Arrest and detention
• Crime scene examination
• Part 1 - Initial response to homicide or serious crime; ‘Homicide and serious crime
investigations’ chapter
• New Zealand Bill of Rights
• TENR
• Search.
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Definitions
This section contains the following topics:
• Disabling substance
• Intention to commit an offence
• Knives
• Offensive weapon
• Public place
• Made or altered
• Cause bodily injury
• Any article
This table details definitions of terms under section 202A of the Crimes Act 1961 or as
indicated.
Term Definition
Disabling
‘Disabling substance’ means any substance produced for the purpose
substance
of disabling, or any anaesthetising or other substance intended by any
person possessing it for disabling any person.
Intention to
A ‘prima facie intention to commit an offence involving bodily injury’
commit an
means that the circumstances indicated, “at first appearance” or “on
offence
the face of it”, that the person had an intention to:
• use the weapon to cause bodily injury, or
• threaten or cause the fear of violence.
Note: This definition of intention also applies when deciding whether
or not an article is an offensive weapon for the purposes of section
202A(1) -
Vereulen v Police, 1989, High Court - Auckland, AP180/89.
Knives
The ordinary meaning applies.
Offensive
‘Offensive weapon’ possessed in a public place means any article
weapon
made or altered for use for causing bodily injury, or intended by the
person having it with them for such use.
‘Offensive weapon’ possessed in any place means any article capable
of being used for causing bodily injury’.
Note: The term ‘offensive weapon’ includes four overlapping classes
of article as follows:
• an article that is made for use for causing bodily injury (e.g.
knuckleduster, cosh; possession must be in
public place)
(s202A(1) and(4)(a))
• an article altered for use for causing bodily injury (e.g. broken
bottle, fork that has been bent so that it can be used as a
knuckleduster; possession must be in
public place) (s202A(1)
and(4)(a))
• an article that has another use, but is intended for use to cause
bodily injury by the person possessing it (e.g. baseball bat;
possession must be in
public place) (s202A(1) and(4)(a))
• an article capable of being used for causing bodily injury ( must be
in circumstances that prima facie show an intention to use it to
commit an offence involving bodily injury or the threat or fear of
violence, e.g. knife, baseball bat, bottle, handbag; possession may
be in
any place) (s202A(2) and(4)(b)).
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Public place
‘Public place’ means a place that, at any material time, is open to or is
being used by the public, whether free or on payment of a charge,
and whether any owner or occupier of the place is lawfully entitled to
exclude or eject any person from that place. Public place includes any
aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle
carrying or available to carry passengers for reward. (section 2 of the
Summary Offences Act 1981)
Made or
Refers to any object that has been especially created or changed, e.g.
altered
a branch that has been whittled down to form an arrow, a softball bat
enhanced with nails.
Cause bodily Means to be responsible for the physical injuring or maiming of
injury
someone.
Any article
In this context any tangible thing that is either made for, or used to
cause bodily injury.
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Offences
Table of offences
Offence
A person is liable to... Category
Possessing a knife in a
public place.
• imprisonment for a
Category 2
Section 13A(1) - Summary Offences Act 1981
term not exceeding 3 offence
Notes:
months, or
• A charge under this Act may be more
• a fine not exceeding
appropriate when dealing with young first
$2,000.
offenders than under section 202A of the
Crimes Act 1961.
• The Court may order that the knife be
forfeited to the Crown s13A(2).
• No requirement to prove any criminal
intent, simple possession of knife is
sufficient.
• No requirement to prove in any particular
case that the knife is an offensive weapon.
Possession of a knife, an offensive weapon or
• imprisonment for a
Category 3
a disabling substance in a
public place.
term not exceeding 3 offence
Section 202A(4)(a) - Crimes Act 1961
years.
Note: You must prove that person had
possession without lawful authority or
reasonable excuse.
Possession of an offensive weapon or a
• imprisonment for a
Category 3
disabling substance in
any place with prima
term not exceeding 3 offence
facie intention to use it to commit an offence.
years.
Section 202A(4)(b) - Crimes Act 1961
Notes:
• Offensive weapon for an offence under
section 202A(4)(b) includes a knife.
• It is a defence if the person charged proves
that they did not intend to use the offensive
weapon or disabling substance to commit
an offence involving bodily injury or the
threat or fear of violence.
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Powers
This section contains the following topics:
• To search and seize
• Warrantless searches of people for knives, offensive weapons and disabling
substances
• Stopping and searching vehicles for knives, offensive weapons and disabling
substances
- Searching vehicles
- Stopping vehicles
• Duties and obligations
• To arrest
• Sentence for second conviction
To search and seize
The Search and Surveillance Act 2012 provides constables with powers to stop and
search vehicles, search people and seize knives, offensive weapons and disabling
substances.
Warrantless searches of people for knives, offensive weapons and
disabling substances
You may search a person without a warrant if you have reasonable grounds to suspect
the person is committing an offence against section 202A(4)(a) of the Crimes Act 1961
(which relates to possession of knives, offensive weapons, and disabling substances in
public places).
(s27 Search and Surveillance Act 2012)
Note: The warrantless search power under section 27 does not permit a search of a
person on suspicion of an offence against section 202A(4)(b) (possession of knives,
offensive weapons and disabling substances in
any place).
Stopping and searching vehicles for knives, offensive weapons and
disabling substances
Searching vehicles
If you have reasonable grounds to…
you may…
suspect that:
without a warrant:
• a person travelling in a vehicle (or who • search the vehicle.
has alighted from it) is committing an
offence in a
public place against
section 202A(4)(a) of the Crimes Act
1961,
and
• the vehicle contains a knife, offensive
weapon, or disabling substance
(s28 Search and Surveillance Act 2012)
Note: The warrantless search power under section 28 does not permit a search of a
vehicle on suspicion of an offence against section 202A(4)(b) (possession of knives,
offensive weapons and disabling substances in
any place).
Stopping vehicles
Section 121(1) of the Search and Surveillance Act 2012 authorises the stopping of a
vehicle to conduct a search under section 28 of the Search and Surveillance Act 2012.
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You must also comply with the obligations set out in section 131 of the Search and
Surveillance Act 2012
Note: You must be satisfied that you have the grounds to search the vehicle, i.e.
reasonable grounds to suspect.
Duties and obligations
When you exercise a power under sections 27 or 28 of the Search and Surveillance Act
2012, you must comply with the duties and obligations imposed by:
• Part 4 of the Act, including:
- section 125 obligations when searching a person - identify yourself by name, state
the search is pursuant to the search and Surveillance Act 2012, state the reason
for the search (reasonable grounds to suspect person in possession of offensive
weapon, knife or disabling substance), show ID if not in uniform.
- section 121(3) (at request of any person affected by the stopping power identify
yourself, state the Search and Surveillance Act 2012 and reason for the search,
and produce identification if not in uniform)
- section 131 obligations when searching a vehicle – identify yourself by name, state
the reason for the search (reasonable grounds to suspect there is an offensive
weapon, knife or disabling substance in the vehicle), state your intention to enter
and search the vehicle pursuant to the Search and Surveillance Act 2012, show ID
if not in uniform
• the reporting requirements of sections 169 and 170 (reporting of exercise of powers
to the Commissioner and Commissioner’s obligation to report search powers in annual
report).
To arrest
You can arrest under:
• section 315(2)(a) of the Crimes Act 1961, or
• section 39(1) of the Summary Offences Act 1981.
Sentence for second conviction
If a person is convicted twice within two years of a crime against section 202A,
(possession of a knife, offensive weapon or disabling substance) then section 202BA of
the Crimes Act 1961 requires the Court to impose a sentence of imprisonment, unless
there are special circumstances relating to the offence or the offender satisfying the
Court that a sentence of imprisonment should not be imposed on the offender.
The second conviction must be for an offence committed after the first conviction. An
offender convicted for two offences under section 202A at the same hearing would not
qualify.
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Dealing with possession of offensive weapons etc in a
public place
This section contains the following topics:
• Initial action
• Action at the scene
• Evidence
• Related chapters
Initial action
When you are dispatched to respond to a person in a public place who is in possession of
an offensive weapon, follow these steps.
Step Action
1
Obtain all the available information from the Communication Centre (Comms),
including:
• the location and the time the person was seen
• the informant’s name
• the informant’s present location
• a description of the knife, weapon or disabling substance
• a description of the suspect(s)
• whether the offender(s) is known to the informant and if so, their name
and whether they are likely to be violent
• where, on the person, the informant saw the weapon
• how many suspects were involved, their current location or where they
may be headed, and the mode and direction of travel
• the details of any vehicle owned or used by the offender.
2
On the way to the scene plan the action you will take based on the
information received. See: Tactical Options Framework.
3
Plan the action you will take and how to protect yourself. Consider:
• what kind of weapon the suspect might be carrying
• where the suspect is likely to be carrying or concealing a weapon
• what the suspect’s body language indicates about state of mind and
intentions
• how the suspect might use the weapon
• what tactical options you have available to deploy
• the Tactical Options Framework.
Action at the scene for searching person
Follow these steps when dealing with a person at the scene.
Step Action
1 Park
safely.
2
Locate the informant and obtain the facts. Record all available information.
Give the Communications Centre a SITREP and maintain communication.
3
Assess the information and decide whether the ingredients for an offence
against section 202A(4)(a) of the Crimes Act 1961 are present. Consider
whether:
• the person suspected of committing the offence is in a public place
• the item described meets the definition of an offensive weapon:
- the weapon was made or altered for use to cause bodily injury
- the person is carrying the weapon with the intent to cause bodily injury?
4 Apply
TENR.
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5
Detain the suspect and explain section 125 of the Search and Surveillance Act
2012:
• identify yourself by name
• state the reason for the search
• state the search is taking place under the Search and Surveillance Act 2012
• if not in uniform, produce identification.
6
As a result of the detention explain:
• the suspect’s rights under section 23 of the New Zealand Bill of Rights Act
1990
• that an opportunity to consult and instruct a lawyer will be given after the
search is completed.
7
If. . .
then. . .
the suspect refuses to be searched
consider arresting them for
or refuses to remain for the search
obstruction.
Use AWOCA (‘Ask Why Options
Confirm Action’ is the five-step
tactical communications process that
underpins the Tactical Options
Framework (TOF).– see ‘Use of
force’ chapter ) to gain compliance.
there is more than one suspect
separate them from other witnesses
and each other.
8
Search the suspect using section 27 of the Search and Surveillance Act 2012
and:
• any item the suspect is wearing or carrying
• any item in the suspects physical possession or immediate control.
9
If an item (offensive weapon) is located, seek an explanation to negate any
defences. Did they have:
• lawful authority
• reasonable excuse.
10 Seize:
• any offensive weapon found
• any other unlawful item located during the search.
If you decide no offence has been committed or you issue the person with a
warning, you can still seize the item under section 125(j) of the Search and
Surveillance Act 2012.
11
Decide whether to arrest the person under section 315(2)(b) of the Crimes
Act 1961.
12
Give the suspect an opportunity under the New Zealand Bill of Rights Act
1990 to contact a lawyer.
Action at the scene for stopping and searching vehicle
Follow these steps when dealing with the stop and search of a vehicle.
1
Record all available information. Give the Communications Centre a SITREP
and maintain communication.
2
Assess the information and decide whether the ingredients for an offence
against section 202A(4)(a) of the Crimes Act 1961 are present. Consider
whether:
• the person suspected of committing the offence is in a public place
• the item described meets the definition of an offensive weapon:
- the weapon was made or altered for use to cause bodily injury
- the person is carrying the weapon with the intent to cause bodily injury?
3 Apply
TENR
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4
Stop the vehicle under section 121 of the Search and Surveillance Act 2012:
• use flashing lights and/or siren
• advise/update comms of vehicle details and location of stop.
You must on request from any person affected by the use of section 121:
• identify yourself by name
• state the search is taking place under the Search and Surveillance Act 2012
• state the reason for the search
• produce identification if not in uniform.
Ensure you have sufficient staff to deal with the number of occupants in the
vehicle.
5
• Detain the occupants of the vehicle under section 118 of the Search and
Surveillance Act 2012 for the purpose of determining any connection
between the occupants and the reason for the search.
• As they are detained they must be advised of their rights under the New
Zealand Bill of Rights Act 1990 in accordance with the ‘Chief Justice’s
Practice Note on Police Questioning’ (See also the ‘Rights caution’ chapter
in the Police Manual); and
• that an opportunity to consult and instruct a lawyer will be given after the
search is completed.
6
Search the suspect following the procedure outlined for searching people in
public places ensuring section 125 of the Search and Surveillance Act is
complied with.
Should you not locate the offensive weapon on the suspect, consider it could
now be in the possession of another occupant or in the vehicle.
To search another occupant of the vehicle you must satisfy section 119 of the
Search and Surveillance act 2012 in that you must believe the offensive
weapon is on that person.
7
Search any vehicle that:
• the suspect is in, or
• has just alighted from, and
• you have reasonable grounds to suspect the vehicle contains a knife,
offensive weapon or disabling substance.
Prior to searching the vehicle you
must comply with section 131 of the Search
and Surveillance Act 2012.
You must:
• identify yourself by name
• state the search is taking place under the Search and Surveillance Act 2012
• state the reason for the search
• state your intention to enter and search the vehicle.
8
Conduct a thorough search of the vehicle.
If an item (offensive weapon) is located, seek an explanation to negate any
defences. Did they have a:
• lawful authority
• reasonable excuse.
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9 Seize:
• any offensive weapon found
• any other unlawful item located during the search.
If you decide no offence has been committed or you issue the person with a
warning, you can still seize the item under section 110(d) of the Search and
Surveillance Act 2012.
10
Decide whether to arrest the person under section 315(2)(b) of the Crimes
Act 1961.
11
As they are arrested they must be advised of their rights under the New
Zealand Bill of Rights Act 1990 in accordance with the ‘Chief Justice’s Practice
Note on Police Questioning’ (See also the ‘Rights caution’ chapter in the Police
Manual).
Evidence
Follow these steps.
Step Action
1
Record everything about the suspect, including appearance, actions and
statements.
2
Label and preserve the exhibit(s).
Related chapters
These Police manual chapters also support good investigation practice:
• Crime scene examination
• Part 1 - Initial response to homicide or serious crime of the ‘Homicide and serious
crime investigations’ chapter
• Search.
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Dealing with possession of offensive weapons etc in any
place
This section contains the following topics:
• Initial action
• Action at the scene
• Evidence
• Related chapters
Initial action
When you are dispatched by the Communications Centre (Comms) to a person in any
place who is in possession of a weapon, follow these steps.
Step Action
1
Obtain all the available information from the Communication Centre (Comms),
including:
• the location and the time the person was seen
• the informant’s name
• the informant’s present location
• a description of the knife, weapon or disabling substance
• a description of the suspect(s)
• whether the offender(s) is known to the informant and if so, their name
and whether they are likely to be violent
• where, on the person, the informant saw the weapon
• how many suspects were involved, their current location or where they
may be headed, and the mode and direction of travel
• the details of any vehicle owned or used by the offender.
2
If the offence took place on private premises, the Communications Centre
must telephone the premises in order to try to establish the situation.
3
Plan the action you will take and how to protect yourself. Consider:
• what kind of weapon the suspect might be carrying
• where the suspect is likely to be carrying or concealing a weapon
• what the suspect’s body language indicates about their state of mind and
intentions
• how the suspect might use the weapon
• what tactical options you have available to deploy
• the Tactical Options Framework.
4 Apply
TENR.
Action at the scene
Follow these steps.
Step Action
1 Park
safely.
2
Locate the informant and obtain the facts. Record all available information.
Give the Communications Centre a SITREP and maintain communication.
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3
Assess the information and decide whether the ingredients for an offence
against section 202A(4)(b) are present. Consider whether either of these
applies:
• was the article (weapon) capable of causing bodily injury?
• the possession of the article (weapon) in circumstances that, prima facie,
showed an intention to use it to commit an offence involving bodily injury
or the threat or fear of violence?
Note: The power to search a person under section 27 or the power to search
a vehicle under section 28 of the Search and Surveillance Act 2012 relates
only to the offence of possession in a public place. For a suspected 202A(4)(b)
offences, you cannot search the suspect unless you have arrested them.
For your powers of search, see the ‘Search’ chapter of the Police Manual.
4 Apply
TENR.
5
Consider power of entry onto private premises.
Consider use of:
• section 14 Search and Surveillance Act 2012
• section 8 Search and Surveillance Act 2012 (must comply with s131 Search
and Surveillance Act 2012).
6
Where you are determining whether an offence against section 202A(4)(b)
has occurred, you may interview the suspect and seek an admission or
explanation. Decide what course of action is most appropriate; that is, arrest,
summons or warning.
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7
If. . .
then. . .
you arrest the
• explain the suspect’s rights under the New Zealand
suspect
Bill of Rights Act 1990 in accordance with the ‘Chief
Justice’s Practice Note on Police Questioning’ (See
also the ‘Rights caution’ chapter in the Police Manual)
• comply with obligations under section 125 of the
Search and Surveillance Act 2012
- identify yourself by name
- state the reason for the search
- state the search is taking place under the Search
and Surveillance act 2012
- if not in uniform produce identification
• conduct a search
- seize any weapon or disabling substance found
pursuant to section 125(j) of the Search and
Surveillance Act 2012
- ask the suspect to give an explanation
- if you do not locate the offensive weapon on them,
consider using section 83 of the Search and
Surveillance Act 2012 to conduct a search of the
place. (s 131 of the Search and Surveillance Act
2012 obligations must be advised).
If there are other occupants in the place they may
be detained under section 118 of the Search and
Surveillance Act 2012 for the purpose of
determining any connection between the
occupants and the reason for the search.
As they are detained they must be advised of their
rights under the New Zealand Bill of Rights Act
1990 in accordance with the ‘Chief Justice’s
Practice Note on Police Questioning’ (See also the
‘Rights caution’ chapter in the Police Manual).
To search another occupant in the place you must
satisfy section 119 of the Search and Surveillance
act 2012 in that you must believe the offensive
weapon is on that person.
you do not arrest • recover any knife, offensive weapon or disabling
the suspect
substance used if you can do so without conducting a
search. You may ask person to surrender it to you.
Evidence
Follow these steps.
Step Action
1
Record everything about the suspect, including appearance, actions and
statements.
2
Label and preserve the exhibit(s).
Related chapters
These Police manual chapters also support good investigation practice:
• Crime scene examination
• Part 1 - Initial response to homicide or serious crime of the ‘Homicide and serious
crime investigations’ chapter
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• Search.
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