Plain language law

New Zealand law explained for everyone

Trade in Endangered Species Act 1989

Endangered Species Officers

36A: Power of arrest

You could also call this:

"Police or special officers can arrest people who break endangered species laws without warning"

Illustration for Trade in Endangered Species Act 1989

If you are an Endangered Species Officer or a constable, you can arrest someone without a warrant if you have good cause to suspect they have broken the law under this Act. You can take them into custody if you think they have committed an offence. When you arrest someone, you must call a constable to help you as soon as possible and hand the person over to the constable. If someone asks for your help to arrest a person, you are allowed to assist them if you are acting in good faith. You must follow the rules and do what the law says when you are helping to arrest someone or being asked to help by an officer or constable.

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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=DLM146586.

Topics:
Crime and justice > Police and safetyEnvironment and resources > Conservation
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36: Authority to act as officer, or

"Being an Endangered Species Officer: what you need to know to use your special powers"

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37: Rights of entry, or

"Inspecting places and vehicles to enforce endangered species laws"

Part 3Endangered Species Officers

36APower of arrest

  1. Any officer or any constable may arrest and take into custody without a warrant any person whom he or she has good cause to suspect of having committed an offence against this Act.

  2. Where any officer arrests any person under the power conferred by subsection (1), he or she shall as soon as practicable call a constable to his or her aid and deliver the arrested person into the custody of that constable.

  3. Any person called upon to do so by any person referred to in subsection (1) is justified in assisting him or her in good faith to arrest any person.

Notes
  • Section 36A: inserted, on , by section 5 of the Trade in Endangered Species Amendment Act 1991 (1991 No 100).
  • Section 36A(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
  • Section 36A(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).