Road Blocks Summer 21/22: legal?

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Geektastic

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#290727 30-Nov-2021 15:17

I see that various Iwi etc have announced that they intend to block roads and prevent people visiting certain places.

Do they - or anyone else other than the Police etc - have any legal authority to prevent citizens using public highways?

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#2821771 30-Nov-2021 15:26

I have to go north of Auckland for work on the fifteenth for a few days.. So I hope not.

floydbloke

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#2821772 30-Nov-2021 15:29

...

Do they - or anyone else other than the Police etc - have any legal authority to prevent citizens using public highways?

I suspect not, but given the demeanour and attitude I've observed on the news for similar in the last few months I wouldn't necessarily recommend getting out of your car and getting into a heated debate with some of the blockers.

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gzt

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#2821773 30-Nov-2021 15:29

Geektastic: I see that various Iwi etc have announced that they intend to block roads and prevent people visiting certain places.

There are many cases where beach access and the like crosses privately held iwi Maori land. Ie; private land private road no different to any other private land. As I recall one widely discussed is in exactly that situation.

sidefx

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#2821777 30-Nov-2021 15:34

Ergh. Where's @PeterReader when you need him. "Hmmmm. Here we go."

I imagine not, and imagine police will shut them down if needed hopefully with the same level of compromise as below.

https://www.rnz.co.nz/news/ldr/450441/covid-19-illegal-hapu-led-checkpoint-shut-down-police-establish-static-checkpoints

With the amount of disinformation around, anti-vaxxers, etc, etc I can understand why they may feel they need to. And good luck to you if you do come across one and want to force the issue...

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Handsomedan

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#2821787 30-Nov-2021 15:48

This article would suggest it has become legal:

https://www.scoop.co.nz/stories/PO2111/S00204/new-iwi-roadblock-law-deliberate-legislative-separatism.htm

But I don't know how much you can trust that specific source - I have no prior experience with them

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evnafets

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#2821810 30-Nov-2021 16:15

Handsomedan:

This article would suggest it has become legal:

https://www.scoop.co.nz/stories/PO2111/S00204/new-iwi-roadblock-law-deliberate-legislative-separatism.htm

But I don't know how much you can trust that specific source - I have no prior experience with them

Is it true that legislation has been enacted that allows Iwi to set up roadblocks?

Answer: Yes. Under the supervision of a constable.
https://www.legislation.govt.nz/bill/government/2021/0068/latest/whole.html#LMS552333

mentalinc

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#2821816 30-Nov-2021 16:28

The key missing in the post above is in 3 (a) "For the purpose of enforcing or monitoring compliance with a COVID-19 order that restricts movement "

There are no such covid-19 orders in place (once the AUckland Border is removed in a few weeks). So it seems they won't be able to legally do it?

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Beccara

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#2821822 30-Nov-2021 16:44

There's some local authority to close areas and what not, local constable being with them also mixes things up. As with most things the answer is "it depends", would really come down to where and when

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Beccara

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#2821824 30-Nov-2021 16:45

Also the Auckland boarder will need be up until Jan 17th, the conditions around crossing it change in a few weeks but it's there until after new year

CruciasNZ

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#2821825 30-Nov-2021 16:47

mentalinc:

The key missing in the post above is in 3 (a) "For the purpose of enforcing or monitoring compliance with a COVID-19 order that restricts movement "

There are no such covid-19 orders in place (once the AUckland Border is removed in a few weeks). So it seems they won't be able to legally do it?

You legally have to have a vaccine or proof of a test to travel right? So they can stop all traffic and check every single person in every single vehicle if they'll stump up the resources to do it. I imagine the tailbacks will be horrendous, but they won't care and TBH I can see their point.

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Geektastic

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#2821831 30-Nov-2021 16:55

Wairarapa is a bit behind on the vaccination front. Maybe we should put a roadblock on SH2.

Geektastic

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#2821834 30-Nov-2021 16:59

evnafets:
Handsomedan:

This article would suggest it has become legal:

https://www.scoop.co.nz/stories/PO2111/S00204/new-iwi-roadblock-law-deliberate-legislative-separatism.htm

But I don't know how much you can trust that specific source - I have no prior experience with them

Is it true that legislation has been enacted that allows Iwi to set up roadblocks?

Answer: Yes. Under the supervision of a constable.
https://www.legislation.govt.nz/bill/government/2021/0068/latest/whole.html#LMS552333

It's very clear that a Constable must be supervising, so presumably you can simply refuse to stop if no police are present and report an attempted hijack.

This could turn out to be very bad law - and very divisive.

wellygary

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#2821889 30-Nov-2021 17:11

mentalinc:

There are no such covid-19 orders in place (once the AUckland Border is removed in a few weeks). So it seems they won't be able to legally do it?

Legally the Auckland border continues to exist until at least mid Jan,

What is happening is they are expanding the rules on who may go through the border .. Currently you need MBIE or MOH permission, after Dec 15 you wil be able to pass through with a Vax pass or neg test

Now what happens in reality is that the southern checkpoints may vanish, but the police have already said that their will still be something going north ( but its unclear what it will be)

gzt

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#2821901 30-Nov-2021 17:39

Handsomedan: This article would suggest it has become legal

https://www.scoop.co.nz/stories/PO2111/S00204/new-iwi-roadblock-law-deliberate-legislative-separatism.htm

But I don't know how much you can trust that specific source - I have no prior experience with them

Scoop is a reliable source for press releases. In this case it's a New Zealand First press release. That doesn't really refer to much more than the thoughts of Winston Peters.

eracode

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#2821925 30-Nov-2021 18:51

Geektastic:

It's very clear that a Constable must be supervising, so presumably you can simply refuse to stop if no police are present and report an attempted hijack.

Sorry but that sounds very simplistic and unrealistic. Surely there will be a physical barrier placed across the road, manned by some large and intimidating people.

What then?

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