do you have to tell police your name?

Forums › Off topic › do you have to tell police your name?

richgamer

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#30702 18-Feb-2009 14:14

if you haven't been arrested, and a police officer walks up to you on the street and asks you what your name is, does the law say you have to tell the police officer your name? what about a police officer asking to see your id when your already inside a bar or nightclub?

{EDIT MOD RC: corrected spelling}

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#196508 18-Feb-2009 14:19

http://www.police.govt.nz/service/ethnic/english/rights.html

http://youthlawnz.wetpaint.com/page/Young+People+%26+the+Police

You could have found these yourself with a simple google search for: new zealand police rights

richgamer

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#196515 18-Feb-2009 14:51

thanks ragnor. one of the sites said you have to tell police your name, date or birth and age. however i can't find any nz law to back it up. i have looked at the nz bill of rights and it has nothing about this.

pebbles

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#196520 18-Feb-2009 15:05

I'm just wondering why you wouldn't tell your police your name... unless you're doing something incriminating then the officer having your name shouldn't be a bad thing.

Dratsab

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#196529 18-Feb-2009 15:51

richgamer: if you haven't been arrested, and a police officer walks up to you on the street and asks you what your name is, does the law say you have to tell the police officer your name? what about a police officer asking to see your id when your already inside a bar or nightclub?

{EDIT MOD RC: corrected spelling}

If there's a bucket of sand nearby, you could always stick your head in it and pretend the Constable isn't there (BTW - all NZ police are Constables, not officers) and maybe s/he'll go away...

Fossie

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#196530 18-Feb-2009 15:52

When you say 'id' do you mean drivers license? iirc it's still the property of the government.

rscole86

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#196546 18-Feb-2009 16:33

richgamer: if you haven't been arrested,

I will assume you have.

and a police officer walks up to you on the street and asks you what your name is,

I assume you were acting suspiciously to draw their attention?

does the law say you have to tell the police officer your name?

Which law? There are many. But yes you do have to tell them your name.

what about a police officer asking to see your id when your already inside a bar or nightclub?

Yes. If you are in there, and it is required that you be over 18 years, and they suspect you of being younger, then they can quite rightly ask you to prove that you are of age.

light50

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#196550 18-Feb-2009 16:46

Hi, there are several statutes that talk about this in specific circumstances. It really depends on where you are and what is happening. Have a look at the Land Transport Act, Trespass Act, Liquor Licensing Act and Arms Act to name a few.

As a general rule if a Police officer wants your details and you are not sure what to do, it never hurts to politely ask 'Do I have to?' There certainly is no general power to require details if you are simply standing on the street doing nothing.

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kingjj

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#196599 18-Feb-2009 20:49

You seem to ask a lot of questions richgamer inregards to individuals rights and the Police. Can I suggest you contact your local Community Law Centre and ask them the questions as they'll be more than happy to assist (its free) and will provide you with better answers than you may get from here. As for your question this round, depending on the situation you may not obligated to answer, although it is always best to answer as refusing to (if they have due cause) or giving incorrect details are both arrestable criminal offences. If need be I would be happy to track down the references to this is NZ law.

dawnraid

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#196603 18-Feb-2009 21:21

So basically you want to know whether going clubbing on somebody else's ID and getting asked by the cops if thats really you and lying is illegal?Odds of it happening are pretty low from my own experience. (im 17)

euanandrews

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#196604 18-Feb-2009 21:22

Only someone who has either done something incriminating, in the process off doing something incriminating, or thinking about doing something incriminating and hence look suspicious, would ask such a question.

Law abiding citizens’ who have nothing too hide, do not ask such questions, and give such information freely to police without concern for any consequences, as there will be none.

If you do represent one of the situations above, then providing your details and being as co-operative as possible will actually give you a better chance of getting off whatever you have done, rather than antagonising a police officer, trying to withhold your details...by withholding your details, you will just arise further suspicion, which by the sound of it, is probably justified.

corksta

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#196613 18-Feb-2009 22:31

kingjj: You seem to ask a lot of questions richgamer inregards to individuals rights and the Police.

+1

Far too many topics in recent times to be "just out of curiosity" topics.

Judges Rules, which have now been incorporated into the Evidence Act 2006, talk about this. Rule #1 was that a police officer could ask questions of anyone but they were not obliged to answer.

If a police officer walks up to you on the street having picked you out at random and asks for your details you are not obliged to provide them.

Sometimes you are obliged to provide them (Trespass Act 1980, Land Transport Act 1998, etc) and you have no choice unless you want to get in more trouble.

As others have said if you've got nothing to hide then what's the problem? A police officer's notebook contains dozens upon dozens of peoples' personal details, which, after an incident has been dealt with, are generally never looked at again.

The Sale of Liquor Act 1989 will explain to you that you must provide your details in a licenced premises when requested.

You really are better off asking these questions of professionals (police station, community law centre) as people on here who don't know what they are talking about (no reference to anyone) may reply based on what they "think" they know, which is how old wives tales start, and when it comes to dealing with the police you don't want to start spouting off like you know what you're talking about based on what answers people have given you in a general forum!!!

nzkc

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#196614 18-Feb-2009 22:33

dawnraid: So basically you want to know whether going clubbing on somebody else's ID and getting asked by the cops if thats really you and lying is illegal?Odds of it happening are pretty low from my own experience. (im 17)

This is a very stupid thing to do. If you are caught you will be prosecuted for fraud (identity fraud). You will have a criminal record that will prevent you from travelling abroad.

Simply put: don't do it.

lxsw20

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#196624 18-Feb-2009 23:37

If your using it to get into bars. The more likley senario is you will have your fake ID taken off you and get told to bugger off.

timestyles

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#196625 18-Feb-2009 23:44

pebbles: I'm just wondering why you wouldn't tell your police your name... unless you're doing something incriminating then the officer having your name shouldn't be a bad thing.

Maybe you're with people who don't know your real name?

dawnraid

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#196641 19-Feb-2009 08:37

nzkc:
dawnraid: So basically you want to know whether going clubbing on somebody else's ID and getting asked by the cops if thats really you and lying is illegal?Odds of it happening are pretty low from my own experience. (im 17)

This is a very stupid thing to do. If you are caught you will be prosecuted for fraud (identity fraud). You will have a criminal record that will prevent you from travelling abroad.

Simply put: don't do it.

Good thing Im about to turn 18 then.

lxsw20: If your using it to get into bars. The more likley senario is you will have your fake ID taken off you and get told to bugger off.

The bouncers cant take your ID because they cant prove that it isnt you, If they wont let you in then go find another bar/club that will, same goes for dodgy bottle shops in G.I.

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