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Defence Act 1990

Miscellaneous provisions

93: Security of defence areas

You could also call this:

"Rules to Keep Defence Areas Safe"

Illustration for Defence Act 1990

You can be stopped from entering a defence area, like a naval ship or military aircraft. Regulations can be made to control who goes in and out of these areas. You might be searched or asked to leave if you are not allowed to be there. You can be asked to identify yourself and explain why you are in the area. If you do not leave when asked, you can be removed by an officer or a constable. If you break the rules, you can be fined up to $1,000 or put in prison for up to 3 months. An officer in charge of a defence area can search you and take anything they think is being used to commit a crime. They can also arrest you if they think you have committed a crime. You will be taken to a constable or the police if you are arrested. The rules are in place to keep defence areas safe and secure.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM206915.

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Part 8Miscellaneous provisions

93Security of defence areas

  1. Without limiting the power to make regulations under section 101, regulations may be made under that section prohibiting access or restricting access, on such conditions as may be prescribed, of any person to any defence area, naval ship, or military aircraft, and making such provision as may be necessary or expedient for the control and security of any such area, ship, or aircraft.

  2. Regulations made pursuant to subsection (1) may include provisions for all or any of the following purposes:

  3. authorising the officer in charge of any defence area, naval ship, or military aircraft, or any member of the Defence Force duly authorised by that officer, to search and detain for the purposes of search any person while that person is in or is entering or leaving, or about to enter or leave, the area, ship, or aircraft, as to his or her person and also as to any vehicle, ship, boat, aircraft, receptacle, parcel, or chattel of every description in that person’s possession or under that person’s control:
    1. authorising any such officer or member of the Defence Force to seize from a person so searched any thing that the officer or member of the Defence Force has reasonable grounds to believe has been used or is being used in the commission of an offence (either against the law of New Zealand or, in the case of a defence area, if it is situated in a country other than New Zealand, against the law of that country), and providing for the sale or disposal of any such thing on the conviction of the person from whom the thing was seized of any such offence, or, if the person from whom the thing was taken is not proceeded against or not so convicted, for the return of the thing to that person:
      1. authorising any such officer or member of the Defence Force to apprehend and detain any person who is in or entering or leaving, or about to enter or leave, the area, ship, or aircraft in any case where the person is found committing or is suspected on reasonable grounds of having committed an offence (either against the law of New Zealand or, in the case of a defence area, if it is situated in a country other than New Zealand, against the law of that country) while that person is in or entering or leaving, or attempting to enter or leave, the area, for the purpose of—
        1. delivering that person to a constable for the purpose of arrest by that constable; or
          1. if the area, ship, or aircraft is situated outside New Zealand, delivering that person to a constable of the civil power of that country, so that, where appropriate, that person may be arrested pursuant to the powers of that constable; or
            1. if the person apprehended or detained is a member of an allied force (whether that force is in New Zealand or elsewhere), delivering that person to the service authorities of that force:
            2. authorising any such officer, or member of the Defence Force to require any person who is in or entering or leaving, or about to enter or leave, the area, ship, or aircraft to identify himself or herself and give an explanation of his or her presence:
              1. authorising any such officer or member of the Defence Force to remove any person who, without lawful excuse, refuses or fails to comply with any direction to leave the area, ship, or aircraft:
                1. providing for constables to exercise any of the powers conferred by any of the preceding provisions of this subsection:
                  1. requiring any member of the Defence Force duly authorised under paragraph (a) to produce such warrant or other evidence of his or her authority as may be prescribed in the regulations when exercising any power under the regulations:
                    1. prescribing offences for breaches in New Zealand of any such regulations, and prescribing, on conviction for any offence, a term of imprisonment not exceeding 3 months or a fine not exceeding $1,000.

                      Notes
                      • Section 93(1): amended, on , by section 6(a) of the Defence Amendment Act 1998 (1998 No 39).
                      • Section 93(1): amended, on , by section 6(c) of the Defence Amendment Act 1998 (1998 No 39).
                      • Section 93(2)(a): amended, on , by section 6(a) of the Defence Amendment Act 1998 (1998 No 39).
                      • Section 93(2)(a): amended, on , by section 6(c) of the Defence Amendment Act 1998 (1998 No 39).
                      • Section 93(2)(b): amended, on , by section 6(e) of the Defence Amendment Act 1998 (1998 No 39).
                      • Section 93(2)(c): amended, on , by section 6(d) of the Defence Amendment Act 1998 (1998 No 39).
                      • Section 93(2)(c): amended, on , by section 6(e) of the Defence Amendment Act 1998 (1998 No 39).
                      • Section 93(2)(c)(i): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                      • Section 93(2)(c)(ii): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                      • Section 93(2)(c)(ii): amended, on , by section 6(b) of the Defence Amendment Act 1998 (1998 No 39).
                      • Section 93(2)(d): amended, on , by section 6(b) of the Defence Amendment Act 1998 (1998 No 39).
                      • Section 93(2)(e): amended, on , by section 6(b) of the Defence Amendment Act 1998 (1998 No 39).
                      • Section 93(2)(f): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                      • Section 93(2)(h): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).