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Crown Minerals Act 1991

Permits, access to land, and other matters - Offences and miscellaneous - Offences and legal proceedings

101C: Powers of enforcement officers

You could also call this:

"What enforcement officers can do to stop people breaking the law"

Illustration for Crown Minerals Act 1991

If you are an enforcement officer and you think someone is breaking the law against section 101B, you can do certain things. You can stop a ship, remove people or ships from an area, prevent people or ships from entering an area, board a ship and ask for the person in charge's name and address, or arrest someone without a warrant.

You can also get help from other people when you are doing your job. If you are helping an enforcement officer, you can do some of the same things they can do.

If you are an enforcement officer or helping one, you will not get in trouble for what you do, unless you do something on purpose that you should not do. Enforcement officers include police officers, people in charge of New Zealand Defence Force ships, and people working under their command.

When an enforcement officer arrests someone, they must hand that person over to a police officer as soon as possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5237810.

Topics:
Crime and justice > Police and safetyEnvironment and resources > Conservation
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101B: Interfering with structure or operation in offshore area, or

"Don't damage or interfere with mining structures or ships in offshore areas or you can get in trouble."

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102: Liability of principal for acts of agents, or

"Your boss can get in trouble if you do something wrong while working for them"

Part 1BPermits, access to land, and other matters
Offences and miscellaneous: Offences and legal proceedings

101CPowers of enforcement officers

  1. An enforcement officer who has reasonable cause to suspect that a person is committing, has committed, or is attempting to commit an offence against section 101B may do 1 or more of the following things:

  2. stop a ship within a specified non-interference zone and detain the ship:
    1. remove any person or ship from a specified non-interference zone:
      1. prevent any person or ship from entering a specified non-interference zone:
        1. board a ship (whether within a specified non-interference zone or otherwise), give directions to the person appearing to be in charge, and require the person to give his or her name and address:
          1. without warrant, arrest a person.

            1. If an enforcement officer described in subsection (6)(b) or (c) arrests a person under subsection (1)(e), the enforcement officer must cause the person to be delivered into the custody of a constable as soon as practicable.

            2. An enforcement officer who exercises a power under this section may be accompanied by any person or persons reasonably necessary to assist the enforcement officer to exercise the power.

            3. A person who provides assistance under subsection (3) may exercise the powers provided to an enforcement officer under subsection (1)(a) to (d).

            4. No enforcement officer, or person called upon to assist an enforcement officer, who does an act, or omits to do an act, when exercising a power under this section is under any civil or criminal liability in respect of the act or omission, unless the person has acted, or omitted to act, in bad faith.

            5. For the purposes of this section, the following persons are enforcement officers:

            6. every constable:
              1. every person in command of a ship of the New Zealand Defence Force:
                1. every person acting under the command of a person described in paragraph (b).

                  Notes
                  • Section 101C: inserted, on , by section 55 of the Crown Minerals Amendment Act 2013 (2013 No 14).