NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Police abused powers with euthanasia ruse, lawyer says, as third complaint made to police watchdog

Isaac Davison
By Isaac Davison
Senior Reporter·NZ Herald·
27 Oct, 2016 04:04 AM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Voluntary euthanasia campaigner Maryan Street will lay a complaint to the police watchdog over a false drink-driving checkpoint. Picture: Greg Bowker

Voluntary euthanasia campaigner Maryan Street will lay a complaint to the police watchdog over a false drink-driving checkpoint. Picture: Greg Bowker

WATCH: Police Inspector Paul Basham speaking about their euthanasia checkpoint

Police Inspector Paul Basham speaking about their euthanasia checkpoint

Posted by nzherald.co.nz on Wednesday, 26 October 2016

Police officers' use of a drink-driving checkpoint to track people who attended a meeting about euthanasia has been described as a worrying abuse of power by legal experts.

The police took the unusual step of referring itself to the Independent Police Conduct Authority last night over the matter.

The IPCA said today it had also received two complaints from members of the public.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

Neither of the complainants were involved in the police operation in Lower Hutt, in which police used a drink-driving checkpoint to collect details on people attending an Exit International meeting.

Right-to-die campaigner and former Labour MP Maryan Street also plans to make a complaint to the IPCA.

Christchurch-based criminal barrister James Rapley said the case was a clear abuse of power and appeared to go against arbitrary detention and freedom of assembly rights.

Police powers in the Land Transport Act to stop people relate strictly to driving-related concerns, he said, and could not be used for any reason.

Advertisement
Advertise with NZME.

Rapley said the law also prevented police from asking for people's names and addresses unless they were checking whether a person had a driver's licence.

He cited the case of Hells Angels gang member Mark Ghent, who had a charge of obstructing police thrown out after he was arrested for refusing to give his name and details to a police officer.

"That's what they're really doing here. And they're asking normal people, not gang members, and who are entitled to go to a meeting."

Any potential search warrants or charges which resulted from police actions at the checkpoint were likely to be thrown out in court, he said.

Discover more

New Zealand

Police speak on controversial checkpoint

27 Oct 04:14 AM
New Zealand|crime

Woman who sparked controversial police investigation into euthanasia supporters identified as Annemarie Treadwell

27 Oct 09:08 PM
Editorial

Euthanasia checkpoint a step too far

28 Oct 04:00 PM
Politics

Deputy PM's wife speaks out against euthanasia

06 Nov 10:59 PM

Rapley helped to get charges thrown out in another case which involved a police ruse, albeit one in which an undercover officer was used. Drug charges against Red Devils Motorcycle Club president Roger Patrick and associates were dropped after police were found to have faked an arrest of an undercover officer to boost his gang credentials.

He said the checkpoint case threatened to damage public perception of police officers.

"Police need to be worried about this, because it is going to erode public confidence in them."

Street, who is president of the Voluntary Euthanasia Society,said the operation raised questions about political interference, with an inquiry into assisted dying currently before parliament.

It appeared the operation had come out of an inquiry originally conducted on behalf on a coroner looking into a suspected suicide, she said.

"It raises questions about unhealthy interference across jurisdictions," she said.

Advertisement
Advertise with NZME.

"Police have overstepped the line here and need to abandon the investigation immediately."

Ms Street questioned whether police had briefed the Solicitor General or asked Crown Law for advice before the operation.

Acting District Commander Inspector Paul Basham said the operation was carried out "in good faith and for good reasons", but there were concerns about the legal basis of the checkpoint.

Police Minister Judith Collins refused to comment, saying it was an operational matter and that she did not want to prejudice the IPCA investigation.

Exit International's Philip Nitschke said it's unprecedented, and answers are needed.

"It is really hard to understand that this idea is, somehow or other, police acting in the best interests of New Zealanders. I don't know what's behind this but it's very hard to make that line of 'we're doing this to keep New Zealanders safe.'"

Mr Nitschke said no other country has done anything like it.

Advertisement
Advertise with NZME.

"Strikes me as being something which certainly needs explanation.

Effectively, now it's surveillance of people who have every lawful right to meet," Mr Nitschke said.

Mr Nitschke said the group's looking into what legal avenues it has to challenge the police actions.

Barrister Michael Bott said just because someone was at the meeting doesn't mean they were wanting to commit suicide, or help someone commit suicide.

"It appears to be some kind of moral crusade, driven by someone on top, to stop people going to a public meeting to learn about exit and their goals."

Mr Bott said police used the breath-testing laws for something other than they're meant for.

Advertisement
Advertise with NZME.

"You've got a very limited power and it certainly seems to be an abuse of police at the checkpoints' powers."

Save

    Share this article

Latest from New Zealand

New Zealand|crime

Man broke into office, had a coffee then stole two company cars worth $110k

19 Jun 04:37 AM
New Zealand

Meth, ammunition, homemade taser seized in dawn police raid

19 Jun 04:30 AM
Business

$162k in cash, almost $400k in equipment seized in scam crackdown last year

19 Jun 04:29 AM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Man broke into office, had a coffee then stole two company cars worth $110k

Man broke into office, had a coffee then stole two company cars worth $110k

19 Jun 04:37 AM

The two NZME cars sported signwriting to advertise the company's radio stations.

Meth, ammunition, homemade taser seized in dawn police raid

Meth, ammunition, homemade taser seized in dawn police raid

19 Jun 04:30 AM
$162k in cash, almost $400k in equipment seized in scam crackdown last year

$162k in cash, almost $400k in equipment seized in scam crackdown last year

19 Jun 04:29 AM
Watch: 'Hand of God' controversy in schoolboy rugby scrum

Watch: 'Hand of God' controversy in schoolboy rugby scrum

19 Jun 04:29 AM
Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP