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Fire and Emergency New Zealand Act 2017

Miscellaneous and enforcement provisions - Powers of entry, inspection, and search

171: Power to enter homes and marae

You could also call this:

"Fire inspectors can enter homes and marae with permission or a warrant"

Illustration for Fire and Emergency New Zealand Act 2017

You need to know that a FENZ inspector cannot enter your home or marae without your consent or a warrant. A warrant can be issued if there are reasonable grounds to believe an emergency has occurred or may occur. The inspector must follow the rules in the Search and Surveillance Act 2012 when entering your home or marae. You should be aware that when a FENZ inspector enters a marae, they must respect the marae's kawa as much as possible. The inspector can only use certain powers when entering your home or marae, which are outlined in sections 170, 173, and 174. The Search and Surveillance Act 2012 also applies when a FENZ inspector enters your home or marae, except for certain sections. When a FENZ inspector enters your home or marae, they must have a good reason to do so, such as to plan for an emergency or to investigate after one has occurred. They must also follow the rules outlined in the Search and Surveillance Act 2012, which can be found on the New Zealand legislation website. You can learn more about the rules that apply to FENZ inspectors by reading the Search and Surveillance Act 2012.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6888436.

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Part 4Miscellaneous and enforcement provisions
Powers of entry, inspection, and search

171Power to enter homes and marae

  1. A FENZ inspector must not, except with the consent of an occupier or under a warrant, enter any land or building that is a home or a marae or a building associated with a marae.

  2. An issuing officer may, on an application made by a FENZ inspector in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, issue a warrant to enter a home or a marae or a building associated with a marae if he or she is satisfied that there are reasonable grounds to believe that the home or the marae or the building associated with a marae—

  3. may be the site of an emergency for which FENZ has powers, duties, or functions and entry is necessary for a FENZ inspector to carry out inspection for pre-incident planning; or
    1. may be the site of any other emergency for which FENZ has powers, duties, or functions and entry is necessary for a FENZ inspector to exercise compliance powers; or
      1. has been the site of an emergency for which FENZ has powers, duties, or functions and entry is necessary for a FENZ inspector to conduct post-incident analysis.

        1. A warrant issued under subsection (2) authorises a FENZ inspector to exercise only the powers specified in sections 170, 173, and 174 and Part 4 (except sections 118 and 119) of the Search and Surveillance Act 2012.

        2. Any exercise of the power of entry at a marae or a building associated with a marae must take account of the kawa of the marae so far as practicable in the circumstances.

        3. The provisions of Part 4 (except sections 118 and 119) of the Search and Surveillance Act 2012 apply.

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