[TheList] Pike River coal mine explosion

Sun Nov 21 15:20:55 AEDT 2010

Section 9(h) of the Policing Act confers for responsibility emergency 
management on the Police.

It does not exempt them from the provisions of the Crimes Act which make their 
justification unlawful.

On 21/11/10 16:48, Andy wrote:
> Mark,
>
> Read it again carefully, paying particular attention to the words "without
> lawful justification or excuse".
> Then go and look up the Policing Act 2008 section 9(h)
>
> Then come back and give us a properly reasoned explanation of you
> conclusions including your definition of "proof"
>
> Thanks
>
> Andy
>
> -----Original Message-----
> From: thelist-bounces at radiowiki.org.nz
> [mailto:thelist-bounces at radiowiki.org.nz] On Behalf Of Mark Robinson
> Sent: Sunday, 21 November 2010 4:04 p.m.
> To: thelist at radiowiki.org.nz
> Subject: Re: [TheList] Pike River coal mine explosion
>
> Crimes Act
> 204 Impeding rescue
>          (1) Every one is liable to imprisonment for a term not exceeding 10
> years who, without lawful justification or excuse, prevents or impedes or
> attempts to prevent or impede any person who is attempting to save his own
> life
> or the life of any other person.
>          (2) No one is guilty of an offence against this section who does any
>
> such act as aforesaid in the course of saving his own life or the life of
> any
> other person.
>
> The Police need proof that a rescuer would die in order to prevent a rescue
> attempt being made. The assertion that they might be in danger is
> insufficient.
>
> They appear to be breaching other similar provisions on the act as well.