Part 6Administrative provisions
Administrative powers
107BPower to detain for public health or law enforcement purposes
This section applies when—
- a person in a biosecurity control area has arrived in New Zealand; and
- an inspector has reasonable cause to suspect that the person—
- is, under an enactment, liable to be detained because of an infectious disease; or
- is liable to be arrested under a warrant issued by a court or a registrar; or
- is liable to be prosecuted for an offence punishable by imprisonment; or
- has contravened the Civil Aviation Act 2023; or
- has contravened the Customs and Excise Act 2018; or
- has contravened the Human Assisted Reproductive Technology Act 2004; or
- has contravened the Immigration Act 2009; or
- has contravened the Misuse of Drugs Act 1975; or
- has contravened the Passports Act 1992; or
- has contravened the Terrorism Suppression Act 2002; or
- has contravened the Trade in Endangered Species Act 1989; or
- has contravened regulations under the United Nations Act 1946; or
- has contravened an enactment that contains an offence involving the unlawful entry into New Zealand of a person, matter, or thing and that is specified for the purposes of this section by the Governor-General in Council; or
- is endangering, or threatening to endanger, the life, health, or safety of a person or group of persons.
- is, under an enactment, liable to be detained because of an infectious disease; or
The inspector may direct the person to remain in the area for a period that is reasonable in the circumstances and no longer than 4 consecutive hours to—
- allow the inspector to obtain the attendance of, or make inquiries of, a constable, bailiff, or employee or agent of a department who has the powers described in paragraph (b); and
- allow the constable, bailiff, or employee or agent of a department to do what is necessary of the following:
- question the person:
- ascertain or determine the status of the person:
- detain the person:
- arrest the person.
- question the person:
The person must comply with a direction given under this section.
Reasonable force may be used, if necessary, to keep the person in the area for the period directed under subsection (2).
Notes
- Section 107B: inserted, on , by section 42 of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 107B(1)(b)(iv): amended, on , by section 486 of the Civil Aviation Act 2023 (2023 No 10).
- Section 107B(1)(b)(v): amended, on , by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).