Smokefree Environments and Regulated Products Act 1990

Regulations, enforcement, and other matters - Enforcement officers

96: Purposes for which powers may be used

You could also call this:

"What you can use special law powers for"

Illustration for Smokefree Environments and Regulated Products Act 1990

When you are given special powers by the law, you can only use them for certain reasons. You can use these powers to find out if people are following the Smokefree Environments and Regulated Products Act in a certain place. You can also use these powers to see how well people are following the law in that place.

You can use the powers given by section 93 to check if the law is being followed and to use the powers given by section 97. The powers given by section 94 can only be used to get certain information. If you get evidence while using these powers, you can use it in court if someone has broken the law.

If you are an enforcement officer, you can use evidence you found while using these powers in court, as long as you were using the powers correctly and following the law, using powers from sections 93 and 94.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428817.

Topics:

Crime and justice > Criminal lawHealth and wellbeing > Public health

95: Search warrant, or

"A police officer can get a special paper to search a place if they think someone has broken the law."

97: Duties of enforcement officers, or

"What enforcement officers must do when checking places and people"

Part 5Regulations, enforcement, and other matters
Enforcement officers

96Purposes for which powers may be used

The powers given by section 93 must be used only for, and only to the extent necessary for, the following purposes:
finding out whether this Act is being complied with in and in respect of the place entered:
finding out the extent to which this Act is not being complied with in or in respect of the place entered:
exercising the powers given by section 97.

The powers given by section 94 must be used only for, and only to the extent necessary for, the purpose of obtaining the information referred to in section 94(2).
This section does not prevent an enforcement officer from using in proceedings for an offence against this Act evidence obtained during the lawful exercise of any of the powers given by sections 93 and 94.

Notes

Section 96: inserted, on 11 November 2020, by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).