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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

114: Matters to be observed when place entered

You could also call this:

"What police must do when they enter a place"

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

When a constable enters a place under section 112 or section 113, they must do certain things. If the constable is not wearing a uniform, they must show proof that they are a constable to the person in charge of the place. They must explain why they are entering the place to that person. The constable must also explain their authority for entering the place and, if they have a warrant, show it to the person in charge.

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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=DLM225956.

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113: Entry of place without warrant, or

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

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115: Matters of justification or excuse, or

"You're protected if you follow what you think is a real order, as long as you're not being careless."

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

114Matters to be observed when place entered

  1. A constable who enters a place under section 112 or section 113 must,—

  2. if the constable is not in uniform, produce evidence to the person appearing to be in charge of the place that he or she is a constable; and
    1. explain the purpose of the entry to that person; and
      1. explain to that person the authority of the entry, and, where entry is made with a warrant, show the warrant to that person.

        Notes
        • Section 114: amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
        • Section 114(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).