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New Zealand Police v SJ [2019] NZYC 127

Published 13 June 2019

Arrest procedures — reasonable grounds to arrest young person — trespassing — Oranga Tamariki Act 1989, ss 208 & 214(1) — Pomare v Police, HC Whangarei, AP8/02 — New Zealand Police v TQ [2016] NZYC 548. The young person, SJ, was arrested following being trespassed from a mall and failing to leave the mall car park. The main issue at this hearing was whether the arresting officer had reasonable grounds to arrest SJ. Section 214(1)(a)(ii) of the Oranga Tamariki Act provides that a police officer should not arrest a young person unless they are satisfied on reasonable grounds it is necessary to prevent the young person from committing further offences. Where a young person may be proceeded against by way of summons, they should not be arrested. SJ and his friends maintained the police had arrived at the car park and immediately tried to arrest SJ. However, the arresting officer and other witnesses said the police had tried to talk to SJ and tell him he needed to leave, before arresting SJ after he refused to leave and became aggressive. The Judge preferred the evidence of the police and found that the arresting officer acted within s 214 when arresting SJ. The arrest was lawful and the charge of trespassing was made out. Judgment Date: 12 March 2019. * * * Note: names have been changed to comply with legal requirements. * * *

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