Important - Your Rights.

[Motu]

The insecure spare tyre rule is another of those ones from those mindless pricks at the testing stations - sure it's in the book,but it's not suposed to be applied to everything! - it applies to trucks and pick ups that have an externaly mounted spare...if one falls off it's kinda dangerous....ANYTHING in your boot is ok to be loose....like,thats what they are for eh.

Hey Scumdog - an XN85 owner stepped into the country last night...my brother.If he gets near my computer I'll get him to say hello.

[scumdog]

Motu, I hear what your'e saying but I was just giving an example that the man has more than one way to skin a cat.
Regarding your brother, cool! Ive never seen another XN85 or spoken to anyone that owns one althought i did contact a guy in Chritchurch who use to own one.
The one piece I need for mine is the double-walled exhaust tube that goes from the 4-into-1 up to the turbo, they are even rarer than the bike so I believe

[bikerboy]

One thing i doubt most know about the "Bill of Rights". It has not been "entrenched", which means that it is really only a legal suggestion of rights. If it had been "entrenched" it would mean no law could be passed or stay in force which infringed on any right listed in the bill.

Example, Bill of Rights gives us freedom of speech, but there exists a law against the use of offensive language in public. The definition of offensive is up to the police and then a judge. If the Bill of Rights had been entrenched that law would be illegal and need to be removed or ammened so as not to infringe on the right to freedom of speech.

So really there is not a Bill of Rights in New Zealand.

[Lou Girardin]

Insecure spare tyre or load only relates to the possibilty of it falling from the vehicle. If it's in the boot it's not insecure.
As for the vehicle impounded 'while awaiting a search warrant', a lawyer would make a meal of that one.
The important point is not to physically resist an illegal search, tell them that thay may not search you. If they do and are found to have acted illegally then you can thank them everytime you fire up your Duc, MV, Harley, whatever.
Lou

[riffer]

I recall that when the Misuse of Drugs act first came out my friends and I were regularly searched for no reason by the Lower Hutt police.

This is going back at least 15 years now (my late teens, early twenties) but its my understanding that they can still search you without warrant on suspicion of possession of illicit drugs.

They never found anything but it was a regular occurence.

Has that law been tweaked at all, or can they still use it?

[riffer]

I recall that when the Misuse of Drugs act first came out my friends and I were regularly searched for no reason by the Lower Hutt police.

This is going back at least 15 years now (my late teens, early twenties) but its my understanding that they can still search you without warrant on suspicion of possession of illicit drugs.

They never found anything but it was a regular occurence.

Has that law been tweaked at all, or can they still use it?

[Oscar]

Jeez, wid these sorta attitudes, we'll be living in a socialist totalitarian paradise sooner'n I thought.

Don't be breaking the law - just state your rights.
If enough of us do it, the message will get through.

[marty]

Section 18(2) [vehicles etc] & 18(3) [persons] Misuse of Drugs Act (any drugs/utensils)
S60 Arms Act (firearms)
S202B Crimes Act (offensive weapons incl. knives)
S317A Crimes Act (stolen property)

these all require identification (if not in uniform) and quoting of the statute to be legal, although an illegal search is not always unreasonable (time and place argument)

some local govt. regulations such as the search for alcohol in a public place which has a liquor ban running (eg the whole of central hamilton thurs - sunday) simply require you to be in the ban area.

the drugs searches are unchanged since 75, Arms Act since 83, the weapons and stolen property are amendments to the crimes act since 1961

[750Y]

Originally posted by Oscar
Jeez, wid these sorta attitudes, we'll be living in a socialist totalitarian paradise sooner'n I thought.

Don't be breaking the law - just state your rights.
If enough of us do it, the message will get through.

I hope that the culture changes.

[scumdog]

Hey celticno6, you'll be pleased to know they don't use the s.18 search for drugson people quite as much any more so I hear, - apparently it's something to do with "abusing'"that power and the message was "if you overdo it you'll lose it" or something along those line.
I must have been lucky and/or good 'cause I never had grief from the man about searches and stuff (except the time I didn't come home when I was meant to and the Mrs sent them out to look for me!! - but that as they say is another story)

[Gixxer]

maybe I am doing something wrong? I am maori, not at the middle age thing yet, a little rough looking, goatee & normally unshaven, hairs bit long and unruly, I am a professional, I would say on a normal day I would be the kind of guy the cops would harass on a daily basis, but I can honestly say I have never been hassled by the cops when pulled over, or stopped  whilst walking down the street at night. must be my charming smile.

as for removing the cops hand, you would have been better off saying you do not consent to the search, then take his number and reporting him for an illegal search.. but then again it has never happened the me.

[Motu]

In the 70s they had a law called unlawfull assembly - we couldn't ride with more than 4 bikes in a group...even with 3 or 4 bikes being stopped was par for the course.Wonder if it still applies - watch out on your group rides.

A couple of years ago one of the guys who works for me came home to find some dudes snooping around his place - he asked one who he was and what he was doing...when he didn't answer he took him down and did some damage before the others came to help and evened the score.He spent the night in a cell,but had a small satisfaction in being proved innocent and the detectives the bad boys - naughty boys...don't do it again eh?

[marty]

Originally posted by Motu
In the 70s they had a law called unlawfull assembly - we couldn't ride with more than 4 bikes in a group...even with 3 or 4 bikes being stopped was par for the course.Wonder if it still applies - watch out on your group rides.

unlawful assembly is still an offence. the test is - is violence LIKELY to start. cops still use it against gangs. i've pasted it here......



Crimes Act 1961 section 86. Unlawful assembly—


[(1)An unlawful assembly is an assembly of 3 or more persons who, with intent to carry out any common purpose, assemble in such a manner, or so conduct themselves when assembled, as to cause persons in the neighbourhood of the assembly to fear, on reasonable grounds, that the persons so assembled—


(a)Will use violence against persons or property in that neighbourhood or elsewhere; or


(b)Will, by that assembly, needlessly and without reasonable cause provoke other persons to use violence against persons or property in that neighbourhood:


Provided that no one shall be deemed to provoke other persons needlessly and without reasonable cause by doing or saying anything that he is lawfully entitled to do or say.]



(2)Persons lawfully assembled may become an unlawful assembly if, with a common purpose, they conduct themselves in such a manner that their assembling would have been unlawful if they had assembled in that manner for that purpose.


(3)An assembly of 3 or more persons for the purpose of protecting the house of any one of their number against persons threatening to break and enter that house in order to commit a crime therein is not unlawful.


(4)Every member of an unlawful assembly is liable to imprisonment for a term not exceeding one year.

[marty]

at least we're not like in the UK where you can be arrested on SUSPICION of committing an offence, and held for 48 hours pending investigation - here at least the cops need 'GOOD CAUSE TO SUSPECT', which is WAY ABOVE the british requirement

[Lou Girardin]

I think you'll find that 'suspicion' must be based on good cause. Same clause, different wording.
The other side of the coin is, never go with a cop unless you've been arrested. Except for giving a breath or blood sample though.
Lou