Plain language law

New Zealand law explained for everyone

Maritime Transport Act 1994

Miscellaneous provisions applying to this Act generally - Powers of entry

453: General power of entry

You could also call this:

"Authorities can enter ships or buildings to check for rule breaches and keep people safe"

Illustration for Maritime Transport Act 1994

You can be stopped and checked by someone authorised by the Director at a reasonable time. They can go on a ship or enter a building to do their job under the Maritime Transport Act. They are looking for breaches of the Act or rules. You might be checked if someone thinks a breach is happening or will happen soon. They can also check if a condition is not being met or if there is a danger to people or the environment. They can go on a ship or enter a building to do an inspection. If you live in a house, a marae, or a building associated with a marae, they need your consent or a warrant to enter. A warrant is like a special permission slip, which can be issued under section 454. If they have a warrant with conditions, they must follow those conditions. They can use reasonable force to enter a place or break open something if necessary. They must follow the rules and be reasonable when doing their job.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338876.

This page was last updated on — View changes

Topics:
Transport and travel > BoatingEnvironment and resources > ConservationCrime and justice > Police and safety

Part 30Miscellaneous provisions applying to this Act generally
Powers of entry

453General power of entry

  1. Subject to subsections (3) and (4), every person duly authorised by the Director may, at any reasonable time or times, go on board any ship or enter any building or place for the purpose of carrying out his or her functions, duties, or powers under this Act or any regulations or rules made under this Act.

  2. Subject to subsections (3) and (4), but without limiting the power conferred by subsection (1), every person duly authorised by the Director who has reasonable grounds to believe that—

  3. any breach of this Act or of any regulations or rules made under this Act is being or about to be committed; or
    1. a condition imposed under any maritime document or marine protection document is not being complied with; or
      1. a situation exists within the maritime system or is about to exist that constitutes a danger to persons or property or a threat to the marine environment—
          1. may at any reasonable time go on board any ship, or enter any building or place, and carry out an inspection to determine whether or not a matter referred to in paragraphs (a) to (c) exists.

        1. No such duly authorised person shall enter a dwellinghouse, a marae, or a building associated with a marae under subsection (1), except with—

        2. the consent of an occupier; or
          1. a warrant issued under section 454.

            1. Where a warrant under section 454 has been issued to a duly authorised person subject to conditions, the duly authorised person—

            2. shall not enter the dwellinghouse, marae, or building associated with a marae, specified in the warrant otherwise than in accordance with the conditions; and
              1. shall in all other respects comply with the conditions.

                1. Subject to subsection (4), a duly authorised person exercising the powers of inspection conferred by subsection (1) may use such force in going on, into, or under the place concerned (whether by breaking down a door or otherwise), or in breaking open anything in the place, as is reasonable in the circumstances.

                Compare
                Notes
                • Section 453(5): amended, on , by section 279(1) of the Search and Surveillance Act 2012 (2012 No 24).