Police Denied Access In School Interviews

Sun (Auckland), Volume III, Issue 759, 4 September 1929, Page 1

Police Denied Access In School Interviews

LAW NOT OBSTRUCTED REPLY TO COMMISSIONER Legal advice gained by the Education Board on the powers of the police in interviewing children in schools denies the right of enforcement of the interviews. This was reported to the board this morning. Commenting on the finding, Mr. A. Burns, the chairman of the board, explained that the board’s efforts to determine its position had been made because of the “attitude of the Commissioner of Police.” “The board asked the Commissioner if it would be possible to avoid interviewing children in schools,” Mr. Burns said. “He would not agree to our request then, and now we find that he has not the power to carry out the interviews. There is a time and a place for everything. We are quite in our rights in instructing our teachers not to give interviews in schools. While the children are at school, we are in the parents’ position.” Mr. T. U. Wells asked if the subject should be considered in committee, but the chairman said there was nothing in the report to affect the police. SOLICITOR’S REPORT _ “Section 157 of the Education Act gives the board power to proceed against a person who wilfully disturbs any school,” the board’s solicitor said in his report. “No one can interview a child without the permission of the teacher. Permission can he withheld by the teacher on the board’s instructions unless the interview is on the lines approved by the hoard. The question arises as to whether a police officer has greater power in conducting investigations in the course of his duty. There is nothing in the Crimes Act, 1908, the Justice of the Peace Act, 1827, the Police Offences Act, 1927, or in the police regulations of 1919 compelling a householder to admit a constable to interview a person with a view to gaining evidence. “There are, it is true, statutory provisions which provide penalties for the offences of conspiring to defeat the course of justice. Such provisions generally penalise an act which has as its consequence the obstruction and the perversion of justice. Where the police officer is, as here, not entirely prevented from interviewing a child, but merely from doing so at an inconvenient time, and under circumstances not obstructing the performance of his duties, I do not think it can be suggested a teacher would be committing a *breach under police offences. I consider a police officer can be denied access to a child at school except under terms laid down by the board.”

The letter was received, and the board will take action accordingly.