DISCLAIMER: The law is incredibly complex and, at time fathomable. This article is intended to be taken as a rough guide if you are contemplating doing anything that may break the law, or even come close, please consult a practicing criminal lawyer.
Dealing with the Police:
You are legally obliged to give:
- Your name
- Your date of birth
- Occupation (but not employer)
- Address
Be honest as this information is generally easy to track. Legally, without consent or arresting you, the police cannot force you to answer any further questions or take you anywhere.
If the police stop you, ask whether you are free to go, if so, do so.
If arrested avoid answering questions until you have a lawyer present. This can range from direct questioning to seemingly benign causal conversation and compliments (such as “Good job in there, I actually support what you guys are doing. What time did you guys have to wake up to get everything set up?”). Everything they ask is building a case against you and your fellow activists.
In deflecting these questions, be friendly not confrontational. Your arresting officer has a role in determining your charges and therefore, in the long run, it easier not to fuck yourself over, especially if the police are not the target of your protest.
Being Searched by the Police:
- After you have been arrested the Police can carry out a personal search – that is, they can search your person and your possessions without a warrant.
- The Police must arrest someone before they have the right to search him or her, unless a suspect consents to a search.
- However, the police can invoke the Misuse of Drugs Act giving them the power to search people without arresting them or having a warrant. This requires officers to be able to show reasonable grounds for suspecting that an individual is carrying drugs.
Criminal Law
If you are reclaiming a building, or any other space for that matter, the mostly likely charge you are going to encounter is trespass under:
- Summary Offences Act 1981, or
- Crimes act 1961
The Summary Offences Act is New Zealand’s least severe criminal act (thus results in the least severe penalties). The act an activist is charged under is primarily determined by their arresting officer (though charges can be modified up until your court date), hence again, don’t be a dick to your arresting officer.
Before Being Charged with Trespass
- You need to have been notified that you are trespassing. (Either by the police, the official occupier of the land or tenants.
- Be asked to leave and given reasonable time as well as a convenient exit (If you leave at this point you cannot be charged).
- Then upon receiving said notification, refuse to leave.
Other charges that could potentially be placed upon an activist during a reclamation are, but are not limited to: Unlawfully being in an enclosed space, obstruction, unlawfully preventing x from going about their legal right etc, disorderly behaviour, resisting arrest, burglary and failing to comply with a police order.
Avoid worsening your charges. If you are reclaiming a building ensure that you do not deliberately damage any property, remove items, act in a threatening manner or resist arrest.
Overseas Travel
- Visas are typically only denied to those with serious or violent offences and 5 years jail time. Occupying a building will invoke none of these.
- However immigration is a very subjective business, you can be turned around at the border for any reason at all, you do not have the right to enter any country but rather the privilege to. Whilst is it extremely uncommon for people to be denied entry due to an activist type criminal record, it is not impossible.
Deportation
- Similar to overseas travel, only more lenient.
Your rights once an arrest is made:
- The right to a lawyer. A person who has been arrested or detained has the right to consult and instruct a lawyer without delay, and to be informed of that right.
- Be charged. Everyone who is arrested for an offence has the right to be charged promptly or to be released.
- Statements to the Police. Everyone who is arrested or detained for an offence or suspected offence has the right to refrain from making any statement and to be informed of that right.
Diversion
- Designed for first time offenders with less serious crimes, such as trespass.
- Managed outside of the court system by the police. Thus the police determine whether it is granted. (Yet again it pays not to be a dick to the cops)
- ·Avoids staining your criminal record completely.
- ·In theory you only get one, thus, use it doing something awesome.
Points to Consider Before An Occupation
- Contact a lawyer. Lawyers around the country are willing to provide free legal support to activists. Otherwise a free Duty Solicitor is available at your local district court.
- Appoint a legal liaison. The legal liaison stays outside of the reclamation and insures they are not arrestable. They are responsible for:
- Finding and contacting a lawyer before the action.
- Collecting names and details of all activists in arrestable positions (collected before or during the action, context dependent).
- Insuring that activists have their phone number and a lawyer contact details.
- Collecting backup medication and other essentials that activists may need upon being released from arrest.
- Travelling to the police station, finding out what activists have been charged with and relaying the information to the lawyer and other applicable parties.
- Waiting for the release of activists. Depending on the time, charges and whether police or court bail is utilised, this release time could vary.