No. Just No (30 Jun, 2021)

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No. Just No (30 Jun, 2021)

Postby aardvark_admin » Wed Jun 30, 2021 5:39 am

This column is archived at: https://aardvark.co.nz/daily/2021/0630.shtml

Do you agree with the way The Proceeds of Crime Act gives almost unfettered power to police when it comes to making determinations as to what really are the proceeds of crime?

Is it reasonable that they can seize assets and money without even laying a charge?

Should they have the power (as now seems to be the case) to mete out addtional penalties over that which are prescribed by the courts in the case of something like breaches of Health & Safety regulations/laws?

If we're going to allow police to become judge, jury and executioner, do we even need courts any more?
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Re: No. Just No (30 Jun, 2021)

Postby GSVNoFixedAbode » Wed Jun 30, 2021 8:49 am

Yeah, that's just seriously wrong.
"The (Criminal Proceeds Recovery) Act does not distinguish between criminal offending involving drug dealing and breach of health and safety requirements.
- so the Police lawyer is explaining in detail exactly why the Act has failed in its intent and allowed certain police units to abuse both the Act and their powers. :evil:
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Re: No. Just No (30 Jun, 2021)

Postby Wetherman » Wed Jun 30, 2021 8:52 am

@GSVNoFixedAbode well put.
If you start a petition Bruce (or anyone), count me in.
Is it the Justice Minister we should explain our concerns to? (Hons Kris Faafoi and Willie Jackson)
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Re: No. Just No (30 Jun, 2021)

Postby Geoffm » Wed Jun 30, 2021 11:36 am

Another case of Police "Lawfare" where the process is the punishment. This is an increasingly popular tactic with the Plod, where if they can't win via prosecution or lose a case and want to get even, they don't care, as the legal costs, stress and reputational damage provides the revenge they want.
There have been a number of cases like this. For example, even having a madman with a machete threatening to slice and dice you and your customers in your gun shop won't stop you being prosecuted for committing self defence, even if no jury would convict. Still cost $50k in legal costs however. The police always prosecute self defence cases to "let the courts sort it out" but never do the same with a police shooting. In fact, as per a recent case that has resurfaced, the Internal Police Coverup Authority appears to have deliberately hid evidence.
This Health and Safety prosecution is a case of lawfare and as you note, is a major leap and has serious implications. There have been a number of other workplace deaths, so why is this one so special? Is it because there are valuable assets that can be confiscated, as opposed to a small building company or farmer?
Unless the Police provide evidence which can be independently verified, I assume they are lying these days if it suits them to do so. It certainly is the case with anything involving firearms ownership and use by licensed owners. They know they will be supported by their political masters and the publications from the Ministry of Truth.
Many people who would have supported the police are now going "meh, why risk being prosecuted for self defence" when they get in trouble and will walk on by. The Police have no one else to blame but their own politically appointees such as the current and previous Police Commissar. Tough luck for the bobby on the street trying to catch criminals.
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Re: No. Just No (30 Jun, 2021)

Postby Perry » Wed Jun 30, 2021 5:03 pm

The NZ police no longer have [Mr Plod] PC constables.

They have [PC] Public Cash Collectors.
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