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New Zealand Police v TQ [2016] NZYC 548

Published 21 February 2017

Whether an arrest on a young person was lawful — whether officers acting in execution of duty — Children, Young Persons, and Their Families Act 1989, ss 214 and 245 — assault — trespass — assaulting police officer — resisting police officer. Five charges against a young person were dismissed. Charges of resisting and assaulting a police officer in the execution of their duty could not be sustained because the Judge found the police had failed to prove beyond reasonable doubt that the officers were acting in the execution of their duty. It followed that charges of trespass had to be dismissed because they had been invalidly brought before the Court in light of the finding that the arrest was unlawful. The Judge noted that s 214 of the Act permits an officer to arrest a young person without warrant in strictly limited circumstances. That section requires the officer to have been satisfied on reasonable grounds that arrest was necessary for, as advanced in this case, preventing the young person from committing further offences, and where the young person might be proceeded against by summons, proceeding that way would not achieve that purpose. The issue was whether the police had satisfied themselves on both matters by objectively reasonable grounds and it was determined that they had not. Judgment Date: 2 September 2016. * * * Note: Names have been changed to comply with legal requirements * * *

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