IR-01-24-13556
13 May 2024
Lolly
[FYI request #26508 email]
Tēnā koe Lolly
Request for information
Thank you for your Official Information Act 1982 (OIA) request of 22 April 2024. You
requested:
I'd like to know if officers are allowed to confiscate personal property, specifically
referring to items that are not il egal 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.
Police’s functions are set out in section 9 of the Policing Act 2008, which is publicly
accessible here:
https://www.legislation.govt.nz/act/public/2008/0072/latest/DLM1102187.html
The Policing Act 2008 provides police officers with a range of powers to enable them to
carry out these functions. Various other legislative instruments also provide Police with
the powers to enable them to carry out these functions.
When a particular power may lawfully be used wil depend on the circumstances in which
it is applied. If you are the subject of criminal charges, you can seek further relevant
disclosure pursuant to the Criminal Disclosure Act 2008.
Police does not provide legal advice or legal interpretation services to members of the
public, so cannot offer an opinion on the issues you raise.
If you need assistance interpreting legislation you should seek independent legal advice.
Please note that as part of its commitment to openness and transparency, Police
proactively releases some information and documents that may be of interest to the
public. An anonymised version of this response may be publicly released on the New
Zealand Police website.
Police National Headquarters 180 Molesworth Street. PO Box 3017, Wellington 6140, New Zealand.
Telephone: 04 474 9499. Fax: 04 498 7400. www.police.govt.nz
Nāku noa, nā
Megan Winch
Ministerial Services Manager
New Zealand Police
