As a recent, shocking video shows, law-abiding New Zealanders can now expect a visit from the police if they post something they don’t like on social media. An Auckland man and his family, including several very young children, were subjected to a distressing ordeal, all over some social media opinions.
Posts on an X account belonging to the man, police said, “show an anti-government and anti-Police attitude”. Police also alleged “racism, misogyny, homophobia, transphobia”. Whatever they, or you, or I, may think, such claims are not only wholly subjective, they are most decidedly not – as the visiting police admitted – illegal.
Still, it appears that law-abiding New Zealanders, especially if they are licensed firearm owners, should live with the expectation that their social media posts are being either actively monitored by police, or that police are responding to unnamed informants who are.
With that in mind, the following is a guide to your rights as a New Zealand citizen, and how you should behave, if police show up at your door. The Good Oil gratefully acknowledges the participation of Nicholas Taylor - Barrister, Specialist Firearms Lawyer, Auckland, in preparing the following guidance.
That said, please bear in mind that none of the following should be regarded as guidance. It is not intended, nor should be relied upon, as actual legal advice. We’ll come to legal advice later.
First steps:
You answer a knock at the door, and it’s the police. What is the first thing you, a law-abiding citizen, should do?
Ask the police, ‘Why are you here?’ Ask to see identification, and for the officer/s to identify themselves. Take note of collar tag IDs. Record the name of the officer and their station.
Ask them to refer to the exact statutory authority they are using to visit your home or to ask you any questions.
How to behave:
At all times, conduct yourself politely, firmly, but calmly.
Understandably, this may be difficult in what is inevitably a stressful situation, especially if upset children are present. Nevertheless, a firm but calm demeanour will help prevent the situation from escalating. If nothing else, it will help your case in the court of public opinion.
Filming/recording the encounter:
It is strongly recommended to film or otherwise record the encounter.
Thanks to mobile phones, it’s easier than ever to record video. This is a good practice that gives you a documentary record of any encounter.
It is perfectly legal to film or photograph police at work in a public place, on your own property, or with the landowner’s consent if on private property. In New Zealand the police can’t stop you from documenting what they are doing. They have no power to stop you, seize your camera or force you to delete images or video.
Take care that you do not physically touch police, or obstruct them from their movement.
Be aware that there are certain circumstances in which police are allowed to stop you doing so. You must not interfere with the performance of the police officer’s duties. Police can also prevent you filming when they are performing covert operations like anti-terror raids, or in any situation where there are legitimate safety concerns for bystanders (such as during natural disasters or a mass shooting incident). Police may also seize your recording device as evidence if they believe you have captured a crime.
Police may also order you to ‘move along’ if they believe on reasonable grounds that you are obstructing another person, obstructing traffic, harassing or intimidating another person or persons or causing, or likely to cause, fear to another person or persons.
Be aware that it is also illegal to use a phone or other recording device to audio record a private conversation without consent.
If you do record police, protect yourself by firstly ensuring that the filming was done openly. Calmly explain what you are doing and state you have a legal right to do so. Do not infringe on the officer’s duties.
Warrants, searches, and firearms owners:
Even if you are a standard licensed firearms owner, the police are not allowed to enter your property without a warrant or a reasonable belief that an offence has been committed.
A search warrant is required, or an activation of a warrantless search on the reasonable belief an offence has been committed. This requires a degree of evidence to support it. Police must inform you of the offence and the legislation that you are being arrested under.
If you are a standard licence holder police must give you seven days notice of an inspector to occur. This includes being stopped in a car.
At no time can the police photograph your firearms. At no time can they record the serial numbers of your standard firearms.
You need to produce your firearms licence on demand, but you have seven days to do this if it cannot be located immediately.
For endorsed licensed firearms owners, pistols and restricted and prohibited firearms, it must be at a reasonable time (for you) not them. See the attached download at the end of this article for full instructions for endorsed firearms licence holders.
Can police threaten you with arrest if you refuse to grant them entry to your property without a warrant?
No, tell them to leave immediately, as if they do not they are trespassing and you can call the police to state you have trespassers on your property who are unlawfully there and are not leaving.
If police confirm that you have not committed a crime, are you obliged to answer any questions?
No person in New Zealand, at any time, needs to answer or speak to any police officer. If you are detained by an enactment you must however give your name/s, date of birth, address. If you are in a car, you must show your driver’s licence on demand.
Better get a lawyer, son.
Like most law-abiding citizens, you’ve probably never dealt with a lawyer in your life, outside mundane stuff like wills or conveyancing. Worse, you’re gobsmacked by having the police rock up on your door. Who you gonna call?
Do your research: find a criminal lawyer you like. Seek out recommendations, or consult online lists like the New Zealand Law Society, or Doyles Guide. Readers may like to make recommendations in the comments.
Keep a lawyer’s card on your front door or fridge.
Downloads:
Nicholas Taylor and the Coalition of Licensed Firearms Owners have produced the following instructions in case of a police raid on your home.
Download and print it out. Keep it handy.
Also, National Organisation for the Reform of Marijuana Laws (NORML) have a downloadable card with a handy script for citizens dealing with police.
