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Fire and Emergency New Zealand Act 2017

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

173: Power to take samples and other objects and things

You could also call this:

"Fire inspectors can take samples or things to check fire safety"

Illustration for Fire and Emergency New Zealand Act 2017

If you are a FENZ inspector, you can take samples or seize things when you enter land or a building under section 170 or 171. You can do this if you believe it is necessary. You can take a sample for analysis or seize something to check if it meets fire safety rules or to look at what happened after an incident. You should give the person a chance to hand over the thing before you take it, unless it is not practical or they refuse. If you are a FENZ inspector, some rules from the Search and Surveillance Act 2012 apply to you, but not all of them. You cannot search a person, even if you have the power to take samples or seize things. Some rules from the Search and Surveillance Act 2012 help you understand what you can and cannot do.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS153400.

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

173Power to take samples and other objects and things

  1. A FENZ inspector who enters any land or a building under section 170 or 171 may, if the FENZ inspector believes on reasonable grounds that it is necessary to do so, do either of the following:

  2. take or remove a sample of any material, substance, or thing for analysis:
    1. seize and retain any material, substance, or thing for the purpose of—
      1. assessing compliance with the requirements under relevant fire safety legislation; or
        1. conducting post-incident analysis.

        2. A FENZ inspector may exercise the power set out in subsection (1) only after he or she has given the person from whom the material, substance, or thing is proposed to be seized the opportunity, if it is practicable to do so, to surrender the material, substance, or thing to the inspector.

        3. Despite subsection (2), a FENZ inspector may exercise the power set out in subsection (1), if—

        4. it is not practicable to give the person the opportunity to surrender the material, substance, or thing; or
          1. having given the person the opportunity to surrender the material, substance, or thing, the person has refused or failed to surrender the material, substance, or thing.

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

            2. To avoid doubt, subsection (1) does not authorise a FENZ inspector to search any person.

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