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Salient. Victoria University Student Newspaper. Volume 33 No. 15 1970

Vice Squad Activities

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Vice Squad Activities

In recent raids the Vice squad have appeared to act as much as an arm of the Security Service as a Narcotics Squad. Instead of aiming the investigations at the drug scene the Squad seems to be making a habit of neglecting the terms of reference of the warrant and finding themselves considerably interested in other matters.

Over the last four weeks the Wellington Vice Squad has carried out a number of searches of flats and houses under the powers of the 1965 Narcotics Act.

Section 12 (2) of the Narcotics Act provides:

"Where any member of the Police has reasonable grounds for believing that there is in or on any building, aircraft, ship, carriage, vehicle, premises or place any narcotic....and that an offence against this Act has been or is suspected of having been committed in respect of that narcotic, he and any assistants who may accompany him, may enter and search the building, aircraft, ship, carriage, vehicle, premises or place and any person found therein or thereon as if authorised to do so by a seach warrant issued under Section 198 of the Summary Proceedings Act 1957..."

Section 198 of the Summary Proceedings Act gives power to a constable acting under authority of a search warrant to:
(i)operate under it at any time of the day or night
(ii)use any force necessary for making entry, by breaking down doors or otherwise.
(iii)break open any box or receptacle on the premises, by force if necessary
(iv)seize any thing connected with, or likely to provide evidence of, any offence punishable by imprisonment (i.e. not just narcotics offences).

Section 10 of the Narcotics Act makes it an offence (punishable by either three months imprisonment of a $400 fine, or both), to wilfully obstruct, hinder, resist or deceive any person who is exercising any powers conferred on him by the Act.

The important thing to note here is that the Police can act according to Section 12 (2) of the Narcotics Act and Section 198 of the Summary Proceedings Act without even having to go to the bother of convincing a judicial officer that a warrant should be issued.

This isn't exactly stunning news. However, the way in which this Act is implemented renders it liable to abuses and these have recently occurred in Wellington.

Vice Squad members in the course of a house search are very interested in gauging and noting the extent of one's political consciousness and activities by close perusal of books and pamphlets. Interest even extends to walls covered with the usual collection of posters students seem to accumulate.

In one case a person had all his literature on Vietnam removed from the bookcase and looked through. It was noticeable that potential hiding places for drugs in his room and other rooms were practically ignored.

A more disturbing point to note is that the Squad also on occasions closely scrutinize any correspondence, address books, accounts, diaries, photographs, note books, wallets and bankbooks that they may come across. Cases have been reported of the Squad removing articles of correspondence and other material in contravention of Section 198 (iv) of the Summary Proceedings Act. The owners invariably never see this material again.

In event of a Vice Squad raid it is advisable to (i) tell them only your name, address, and occupation. You do not have to answer any other questions in spite of whatever they might say to the contrary. It is not advisable to say more than this as anything you say is noted for possible future use.

Squad-men's questions range wide of their supposed preoccupation with illicit drug usage. People are sometimes asked if they belong to any left wing activist groups an movements and one question mades additional comment on the increasing movement of our society towards "1984". Two persons were asked which telephone box was nearest to their home. Surely this has precious little to do with drug abuse, unless the 'thought police' wanted to bug the thing (with the connivance of a certain public department which officially denies all allegations of complicity)

Do not forget that any verbal admissions and written evidence (as contained in correspondence, diaries, etc.) found by the Squad, of having ever taken drugs are definitely actionable, or at least render one liable for "further attention".

(ii) Get in touch with a lawyer immediately if things get out of hand or see one anyway after the event if unsure about the legality of any of the Squad's actions (i.e. removing property).

If any of your property is removed by the Squad insist on a receipt. They may be 'reluctant' to give you one but remember if you don't have a receipt, you have no proof that your property has been removed.

However, one's scope for legal action against the Police is severely limited for if confronted with the prospect of any embarrassing court action(s) they can fall back on Section 21 of the Narcotics Act. This reads:

"Any person who does any act in pursuance or intended pursuance of any of the provisions of the Act or of any regulations made under this Act shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mistake of law or fact, or on any other ground unless he has acted in bad faith or without reasonable care".

Try proving, in our "Law and Order uber Alles" society, that the Police act in "bad faith". Even if it can be shown that the Police had no good cause to raid a place, they only have to show that the information on which they acted (even if it was false) was checked with reasonable care'.

Finally remember that since the Vice Squad also works for the New Zealand S.S. anything they find on or from activists could end up as evidence for some charge brought for political motives, quite apart from ending up on Police and Security Service Files.

Do not treat them as folk heroes. Remember their purpose, the reason for their existance.

If you feel you have a legitimate gripe against the Vice Squad, complain. If you feel you want something done about it contact

—The N.Z. Council for Civil Liberties,

P.O. Box 337,

c/- Ph. 793652.

Salient, V.U.W.S.A., P.O.

Box 196,

Cock, P.O. 2538, Wgtn.

This article does not intend to debate the drug issue one way or the other. What is of concern are the breaches of civil rights that vice squads are perpetuating and seem bent on continuing.

A.J.S.