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Secondhand Dealers and Pawnbrokers Act 2004

Licensing Authorities of secondhand dealers and pawnbrokers, and miscellaneous provisions - Defences to certain charges

83: Charges involving failure to show or make copy of document, or show or make available any thing

You could also call this:

"Defending Yourself if a Constable Asks for Something and Doesn't Follow the Rules"

Illustration for Secondhand Dealers and Pawnbrokers Act 2004

You can defend yourself against a charge if a constable asks you to show or copy a document, or show them something, and you do not do it. This is the case if the constable is not in uniform and does not show you proof that they are a constable. You can also defend yourself if the constable asks you at a time or in a way that is unreasonable. You can still use other defences that might be available to you. This means you have more than one way to defend yourself against a charge. The law allows you to use any defence that applies to your situation. If a constable asks you for something, they must follow the rules. You have the right to know who they are and why they are asking you for something. You can say no if they do not follow the rules or if it is not a reasonable time to ask.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM305668.

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Topics:
Crime and justice > Police and safetyRights and equality > Anti-discriminationRights and equality > Privacy
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82: Police access to other information held by Licensing Authorities, or

"Police can ask for and get certain information from Licensing Authorities"

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84: Regulations, or

"Rules made by the Governor-General for secondhand dealers and pawnbrokers"

Part 4Licensing Authorities of secondhand dealers and pawnbrokers, and miscellaneous provisions
Defences to certain charges

83Charges involving failure to show or make copy of document, or show or make available any thing

  1. It is a defence to a charge under this Act involving a failure, following a request by a constable, to show, make a copy of, and give a document, or a failure to show or make available any other thing, to that constable if—

  2. the constable was not in uniform and did not, at the time of making the request, produce evidence that he or she was a constable; or
    1. the request was made at a time or in a manner that was unreasonable in the circumstances.

      1. This section does not limit any other defences that may be available.

      Notes
      • Section 83(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
      • Section 83(1)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).