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Parole Act 2002

Parole and other release from detention - Release - Arrest of offenders

73A: Power to enter premises to arrest

You could also call this:

"Police can enter a property to arrest someone if they have a good reason to think the person is there"

Illustration for Parole Act 2002

If you are a police officer, you can enter someone's property to arrest an offender at any time. You must have a good reason to think the offender is on the property. You can use force to enter the property if you need to, but only if you are trying to arrest someone named in a warrant issued under section 63(1) or section 66(3).

If you are not wearing a police uniform, the person living in the property can ask you to prove you are a police officer. You will need to show them the warrant or your police badge to prove you are a police officer.

You have the power to do this to keep people safe and enforce the law.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM139312.

Topics:
Crime and justice > Police and safety
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73: Arrest without warrant, or

"The police can arrest you without a warrant if you break parole rules or don't follow your release conditions."

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74: Regulations, or

"Rules made by the Governor-General to help the Parole Act work properly"

Part 1Parole and other release from detention
Release: Arrest of offenders

73APower to enter premises to arrest

  1. A constable may, at any time, for the purpose of arresting an offender named in a warrant issued under section 63(1) or section 66(3), enter any premises, by force if necessary, if he or she has reasonable cause to believe that the offender is in or on the premises.

  2. If the constable who is executing the warrant is not in uniform, and the person in actual occupation of the premises asks the constable to produce evidence of his or her authority, the constable must produce the warrant or a badge or other evidence that he or she is a constable.

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Notes
  • Section 73A: inserted, on , by section 27 of the Parole (Extended Supervision) Amendment Act 2004 (2004 No 67).
  • Section 73A(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 73A(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).