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Fisheries Act 1996

Appointment and powers of fishery officers - Powers of entry, search, and questioning

200: Conditions relating to exercise of powers of entry, etc

You could also call this:

"Rules for Fishery Officers Entering Private Homes or Marae"

Illustration for Fisheries Act 1996

You are a fishery officer. You want to enter a private home or a Maori reservation. You need written permission from an issuing officer. This officer is defined in the Search and Surveillance Act 2012. You must apply for this permission like you would for a search warrant under subpart 3 of Part 4 of the Search and Surveillance Act 2012. You can only get this permission if the issuing officer thinks you have a good reason to enter the private home or Maori reservation. Some parts of the Search and Surveillance Act 2012 also apply to this situation, including subpart 1, 3, 7, 9, and 10 of Part 4. A private home is a place where people mostly live.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398610.

Topics:
Environment and resources > Farming and fishingHousing and property > Home safety and repairsHousing and property > Land useMāori affairs > Māori land
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199B: Application of Part 4 of Search and Surveillance Act 2012, or

"How search and surveillance rules apply to fisheries powers"

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201: Power to question persons and require production of documents, or

"Officers can ask you questions and ask for documents if they think you broke fishing rules"

Part 11Appointment and powers of fishery officers
Powers of entry, search, and questioning

200Conditions relating to exercise of powers of entry, etc

  1. A fishery officer shall not exercise any power under this Act to enter a place that is a private dwelling place, or the enclosed garden or curtilage of a private dwelling place, or any Maori reservation constituted by or under the Maori Affairs Act 1953 or Part 17 of Te Ture Whenua Maori Act 1993, unless he or she is authorised in writing by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012).

  2. An application for authorisation must be made by a fishery officer in the manner provided for an application for a search warrant under subpart 3 of Part 4 of the Search and Surveillance Act 2012.

  3. An issuing officer shall not grant such authority unless he or she is satisfied that the fishery officer has reasonable grounds for requiring entry into the private dwelling place, garden or curtilage, or Maori reservation.

  4. The provisions of subparts 1, 3, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply.

  5. For the purposes of this section, a place is a private dwelling if private dwelling is the dominant purpose for which the place is used.

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Notes
  • Section 200(1): amended, on , by section 250(1) of the Search and Surveillance Act 2012 (2012 No 24).
  • Section 200(2): replaced, on , by section 250(2) of the Search and Surveillance Act 2012 (2012 No 24).
  • Section 200(3): amended, on , by section 250(3) of the Search and Surveillance Act 2012 (2012 No 24).
  • Section 200(4): replaced, on , by section 250(4) of the Search and Surveillance Act 2012 (2012 No 24).