Just in case you didn't think you were a second class citizen...

**civil** · 15th September 2010, 20:56

Originally Posted by scumdog

You can be stopped anywhere anytime you are driving/riding a vehicle on a road

I think that is clear enough.

If this is so clear then what is the section of what Act are the Police acting under when they do it?

Or is it a matter of people forgetting they are free?

**scumdog** · 15th September 2010, 20:58

Originally Posted by civil

If this is so clear then what is the section of what Act are the Police acting under when they do it?

Or is it a matter of people forgetting they are free?

Look it up yourself lazy-arse...I can't be naffed.

Tell ya what, DON'T stop and find out what the section is if you want...

**riffer** · 15th September 2010, 20:58

Originally Posted by civil

So what section of what Act allows this to occur?

The State can only do as statute permits, as opposed to myself that can do as I like unless a statue restricts me.

So show me the evidence that I can be restricted from coming and going along a public byway without cause?

Enforcement officers include

the Police
non-sworn members of the Police who’ve been authorised for the relevant purpose by the Police Commissioner
employees of the NZ Transport Agency who are appointed for certain purposes, such as enforcing rules about driving hours and logbooks.

Police and other enforcement officers have these powers to require you to stop.

An officer can signal or request you to stop, provided they’re in uniform or wearing a distinctive cap, hat or helmet with a police or other badge attached.
An officer in a vehicle following behind you can require you to stop by displaying flashing blue (or blue and red) lights, or by sounding a siren.
An officer can require you to stop and remain stopped as long as is reasonably necessary to get the following information from you
- your full name, full address, date of birth, occupation and telephone number
- whether you’re the owner of the vehicle
- if you’re not the owner of the vehicle, the name and address of the owner or other details identifying the owner.
An officer can require you to remain stopped for as long as is reasonably necessary to establish your identity, but for no more than 15 minutes.
Penalties for failing to stop and give details

You can be arrested if you fail to stop and give your details when you’re required to, including if you give false or misleading information. You can be fined up to $10,000. The Police can also seize and impound your vehicle for 28 days if you fail to stop when they direct you to.
If you’re convicted a second time of failing to stop and give your details, you’ll automatically be disqualified for three months. If you’re convicted for a third or further time, the penalty is a prison term of up to three months and automatic disqualification for one year.
If you fail to stop and give your details and at the same time you were speeding or otherwise driving dangerously, you’ll automatically be disqualified for three months.
These disqualifications are added on to any other disqualification you’re given for the particular incident.
Failing to stop and give your details to the Police will also be treated as an aggravating factor when you’re being sentenced for dangerous or reckless driving or for failing to stop at the scene of an accident that you’d been involved in.

**scumdog** · 15th September 2010, 21:00

'must spread some rep'

**NONONO** · 15th September 2010, 21:04

Originally Posted by riffer

NO I think you will find that have that one covered by another law which allows them to do that.

Your argument appears to be that as it is lawful, it must be OK...have I got that right?
Secondly you imply that anyone who opposes a lawful action (or set of actions), discriminatory or not, is somehow some kind of moaning, pinko...
Where have I heard this before.........?

**Grumpy** · 15th September 2010, 21:05

Below is a quote from post by Roadsafe Nelson in a similar thread on the same initative that was conducted in Nelson back in June.

"Whilst out riding with friends a couple of months ago, we were pulled over at one such checkpoint in the Whangamoas (heading towards Blenheim). Motorcyclists were taken to the side, our rego/wof/riding gear & licences were checked. Bottled water & refreshments were offered.

In attendance at the checkpoint were a variety of people. The Police, The Tasman District Council & the local Nelson Injury Prevention Office for ACC. They were interested in collecting information from the motorcyclists stopped, on what our concerns were when riding on the road.. eg: gravel/road works & lack of signage, other road users, road conditions etc. Feedback from this collected information is to be handed onto the relevant organisations concerned.. eg: roading companies

As a result of the information collected a flier has just been released locally with relevant contact details available for motorcyclists to contact & raise their concerns to.

To note.. ALL traffic was stopped at this checkpoint & ALL licence's/rego & wofs were checked, not just motorcyclists.

Feedback I heard from the TDC was that a very high proportion of the bikers stopped were correctly licenced & had current rego/wofs.. & were wearing appropriate gear.

Personally I felt heard & respected by the people conducting the checkpoint."

This seems to be a reasonable way to handle a rather senstive problem.

**Ocean1** · 15th September 2010, 21:05

Originally Posted by civil

So show me the evidence that I can be restricted from coming and going along a public byway without cause?

Find it yourself, It's there. The result of a wee tweak to the law about two years ago IIRC.

The constabulary no longer require reasonable suspicion of anything in order to detain or question you.

You didn't notice?

**civil** · 15th September 2010, 21:07

Originally Posted by riffer

Enforcement officers include

the Police
non-sworn members of the Police who’ve been authorised for the relevant purpose by the Police Commissioner
employees of the NZ Transport Agency who are appointed for certain purposes, such as enforcing rules about driving hours and logbooks.

Police and other enforcement officers have these powers to require you to stop.

An officer can signal or request you to stop, provided they’re in uniform or wearing a distinctive cap, hat or helmet with a police or other badge attached.
An officer in a vehicle following behind you can require you to stop by displaying flashing blue (or blue and red) lights, or by sounding a siren.
An officer can require you to stop and remain stopped as long as is reasonably necessary to get the following information from you
- your full name, full address, date of birth, occupation and telephone number
- whether you’re the owner of the vehicle
- if you’re not the owner of the vehicle, the name and address of the owner or other details identifying the owner.
An officer can require you to remain stopped for as long as is reasonably necessary to establish your identity, but for no more than 15 minutes.
Penalties for failing to stop and give details

You can be arrested if you fail to stop and give your details when you’re required to, including if you give false or misleading information. You can be fined up to $10,000. The Police can also seize and impound your vehicle for 28 days if you fail to stop when they direct you to.
If you’re convicted a second time of failing to stop and give your details, you’ll automatically be disqualified for three months. If you’re convicted for a third or further time, the penalty is a prison term of up to three months and automatic disqualification for one year.
If you fail to stop and give your details and at the same time you were speeding or otherwise driving dangerously, you’ll automatically be disqualified for three months.
These disqualifications are added on to any other disqualification you’re given for the particular incident.
Failing to stop and give your details to the Police will also be treated as an aggravating factor when you’re being sentenced for dangerous or reckless driving or for failing to stop at the scene of an accident that you’d been involved in.

What section of what Act is this from?

Is there any cause required before the enforcement officer can act as such?

**civil** · 15th September 2010, 21:07

Originally Posted by riffer

Enforcement officers include

the Police
non-sworn members of the Police who’ve been authorised for the relevant purpose by the Police Commissioner
employees of .................................

What section of what Act is this from?

Is there any cause required before the enforcement officer can act as such?

**scumdog** · 15th September 2010, 21:10

Originally Posted by civil

Is there any cause required before the enforcement officer can act as such?

No,
Nope,
Nada,
None.

Clear?

**Fatt Max** · 15th September 2010, 21:12

Hang on a minute, I have joined this debate rather late I'm afraid.

I see posts about bikes and cops.......fucking hell, please tell me C4 is not screening re runs of CHiPs.......!!....go Jon and Ponch you pair of doughnut punchers you.....(_i_)

**civil** · 15th September 2010, 21:13

Originally Posted by civil

What section of what Act is this from?

Anyone know?

**Scuba_Steve** · 15th September 2010, 21:16

Originally Posted by civil

Anyone know?

yea check this

Section 2(1) Land Transport Act 1998
http://www.legislation.govt.nz/act/p...ct_noresel&p=1

But I still haven't seen the law that allows the police unreasonable search authority