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Fire and Emergency New Zealand Act 2017

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

177: Application to District Court for access to sites to which entry is prohibited or restricted

You could also call this:

"Applying to court to enter a site that is closed or restricted"

Illustration for Fire and Emergency New Zealand Act 2017

You can apply to the District Court to access a site that is prohibited or restricted under section 175 if you are a person described in section 176(2). You must have already made an application under section 176 that was refused or granted with conditions you do not accept. The District Court will then decide whether to grant or refuse your application. You might be allowed to access the site if the court grants your application. However, the court may refuse your application if it thinks allowing you to access the site could interfere with evidence or lead to something being tampered with or destroyed. The court can also require you to provide a surety and impose conditions if it grants your application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7073047.

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Topics:
Crime and justice > Courts and legal helpHousing and property > Land use
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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"

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

177Application to District Court for access to sites to which entry is prohibited or restricted

  1. A person described in section 176(2) may apply to the District Court for access to any land or building to which entry is prohibited or restricted under section 175 if the person has made an application under section 176 and the application—

  2. has been refused; or
    1. has been granted, but subject to conditions that the applicant does not accept.

      1. The District Court may—

      2. grant the application; or
        1. refuse the application on the ground that allowing the person to have access to the land or building or varying or cancelling the conditions concerned is likely to—
          1. prejudice the preservation or recording of evidence in relation to the emergency; or
            1. lead to the tampering with, or alteration, mutilation, or destruction of, any thing involved in any manner in the emergency.

            2. The District Court may require sureties and impose conditions if it grants an application.

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