Civil Defence Emergency Management Act 2002

Powers in relation to civil defence emergency management

78: Power of entry to obtain information in urgent cases

You could also call this:

"Authorities can enter a building, but not your home, to get important information in an emergency if a judge agrees."

If there is a state of emergency or someone thinks an emergency is about to happen, a special rule applies. You might need to let someone into a building, but not your home, so they can get important information. This can happen if a judge agrees that the information is really needed to help with the emergency and the person with the information will not share it.

The judge can give permission for someone, like a police officer, to enter the building and get the information. This is a serious decision and the judge must be very sure it is necessary. The person asking for the information must promise that it is true that the information is needed urgently.

The judge can make this decision even if someone had already asked for the information before, or if there is a court case about it. You can find more information about this in section 76.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150791.


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Part 5Powers in relation to civil defence emergency management

78Power of entry to obtain information in urgent cases

  1. This section applies if a state of emergency is in force or the Director, a Controller, or a person authorised by a Civil Defence Emergency Management Group considers that an imminent threat of an emergency exists.

  2. If this section applies, a District Court Judge may, by warrant, authorise any constable to enter and search any premises, not being a dwellinghouse, to obtain information if satisfied on oath by the Director, a Controller, or a person authorised by a Civil Defence Emergency Management Group that—

  3. the information is urgently required in order to prevent or limit the extent of the emergency; and
    1. the person in possession of the information has refused to provide the information.
      1. A warrant may be issued under this section—

      2. even if a requirement to give the information referred to in subsection (2) has been imposed at an earlier time under section 76; and
        1. whether or not appeal proceedings or the prosecution of an offence in respect of that requirement have been completed.