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Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

Authority to take and detain care recipients - Authority to take care recipients who escape

113: Entry of place without warrant

You could also call this:

"Police can enter a place to help keep you safe without needing a special paper called a warrant."

Illustration for Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003

If you are a care recipient who has escaped, a constable may enter a place without a warrant if they think you are in danger or might hurt yourself or others. The constable must have a good reason to believe this. You might be endangering your own health or safety, or that of others. A constable can take you back to a safe place.

When a constable enters a place to find you, they can be accompanied by your care manager or co-ordinator. They can help the constable find you and keep you safe. The constable and the people helping them can enter and search the place at any time.

The constable and the people with them can use reasonable force to enter the place, search it, or take you back to a safe place. This means they can use the force they need to keep you and others safe. They want to make sure you are okay and that others are not hurt.

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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=DLM225955.

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112: Warrant to enter and search places to retake escaped care recipients, or

"Police can search for and take you back to your care home if you run away"

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114: Matters to be observed when place entered, or

"What police must do when they enter a place"

Part 8Authority to take and detain care recipients
Authority to take care recipients who escape

113Entry of place without warrant

  1. A constable may enter a place without a warrant if there are reasonable grounds for believing that—

  2. entry is necessary in order to retake a care recipient who has escaped; and
    1. the care recipient is endangering, or there is an imminent risk that the care recipient will endanger, the health or safety of the care recipient or of others.

      1. A constable who enters a place under subsection (1) may be accompanied and assisted by the co-ordinator or by the care recipient's care manager.

      2. A constable who enters a place under this section, and the co-ordinator and care manager who may be required to assist the constable, may—

      3. enter and search the place, at any time; and
        1. use any reasonable force that may be required to enter or search the place or to take and remove the care recipient.

          Notes
          • Section 113(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 113(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 113(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).