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Fire and Emergency New Zealand Act 2017

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

175: Power to restrict or prohibit entry to sites

You could also call this:

"Firefighters can stop you entering a site during an emergency to keep things safe"

Illustration for Fire and Emergency New Zealand Act 2017

You can be stopped from entering a site where an emergency is happening. A FENZ inspector or an authorised person can do this if they think it is necessary. They might think it is necessary to keep evidence safe or to stop people from tampering with things involved in the emergency. You can be stopped from entering for a certain period of time. This period of time must be as short as possible to meet the objectives. The objectives are to keep evidence safe and to stop people from tampering with things. The rules about stopping people from entering a site are similar to rules in the s 59(a) 1994 No 104 legislation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6888440.

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174: Power of FENZ to authorise making of applications for search warrants, or

"FENZ can let someone search a place if they think a crime has been committed"

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176: Application to FENZ for access to sites to which entry is prohibited or restricted, or

"Asking FENZ to let you into a closed or restricted site"

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

175Power to restrict or prohibit entry to sites

  1. A FENZ inspector, or, until the arrival of a FENZ inspector, an authorised person, may prohibit or restrict access of persons or classes of persons to any land or building that is the site of an emergency if the FENZ inspector or authorised person (as the case may be) believes on reasonable grounds that it is necessary—

  2. to preserve or record evidence in relation to the emergency; or
    1. to prevent the tampering with, or alteration, mutilation, or destruction of, any thing involved in any manner in the emergency.

      1. The prohibition or restriction on access to any land or building may apply only for a period that is no longer than is reasonably necessary in the circumstances to meet the objectives set out in subsection (1).

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