Part 2Corrections system
Miscellaneous: Requisitioning of land and buildings for use as temporary corrections prisons
191Requisitioning powers
This section applies if—
- a state of emergency is in force under the Civil Defence Emergency Management Act 2002 or there is an emergency (within the meaning of section 4 of that Act); and
- in the opinion of the Minister the action authorised by this section is necessary for the safe custody and welfare of prisoners because 1 or more prisons are unable to operate as a prison as a result of the state of emergency or emergency as the case may be.
The Minister may direct the owner or person for the time being in control of any land or building, to immediately place that property (requisitioned property) under the control and direction of the Minister or a person authorised by the Minister.
The Minister must give to the owner or person in charge of the requisitioned property a written statement specifying the property that is requisitioned and the person under whose control the property is to be placed.
If the owner or person for the time being in control of any property that may be requisitioned under this section cannot be immediately found, the Minister, or a person authorised by the Minister, may assume immediately the control and direction of the requisitioned property.
If a person assumes the control and direction of requisitioned property under subsection (4), that person must ensure that, as soon as is reasonably practicable in the circumstances, a written statement specifying the property that has been requisitioned and the person under whose control it has been placed is given to the owner or person formerly in charge of the requisitioned property.
The owner or person in control of any property immediately before it is requisitioned under this section must provide the person exercising the power under this section with any assistance that the person may reasonably require for the effective and safe use of that property.
Any land or building that is subject to a direction under this section may only be used as a prison in accordance with a declaration under section 32(4).
Compare
- 2002 No 33 s 90