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Fire and Emergency New Zealand Act 2017

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

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

You could also call this:

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

Illustration for Fire and Emergency New Zealand Act 2017

You can think of FENZ as the people in charge of fire safety in New Zealand. FENZ can let someone search a place if they think a crime has been committed. They must believe they will find evidence of the crime. You might wonder who can do the searching. It could be a FENZ inspector, FENZ personnel, or someone else who is qualified. The person searching needs to get permission from the owner or get a special warrant. To get a warrant, the person searching must apply in a certain way, as outlined in subpart 3 of Part 4 of the Search and Surveillance Act 2012. The person giving the warrant must think a crime has been committed and that the search will find evidence. Some rules from the Search and Surveillance Act 2012 also apply to these searches, except for sections 118 and 119.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS153402.

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

174Power of FENZ to authorise making of applications for search warrants

  1. FENZ may authorise a specified person to enter and search any land or building, vehicle, or other thing if FENZ is satisfied that there are reasonable grounds to believe that an offence has been committed against this Act or regulations made under this Act or any other relevant fire safety legislation and that the search will find evidential material in or on any part of the land or building, vehicle, or thing.

  2. The specified person may enter and search the land or building, vehicle, or other thing if—

  3. the owner or occupier of the land or building, or the person in charge of the vehicle or thing (as the case may be) consents; or
    1. the specified person obtains a warrant under subsection (3).

      1. An issuing officer may issue a search warrant in relation to any land or building, vehicle, or other thing, on an application made in the manner provided by subpart 3 of Part 4 of the Search and Surveillance Act 2012 by the specified person, if the issuing officer is satisfied that there are reasonable grounds to believe that an offence has been committed against this Act or regulations made under this Act and that the search will find evidential material in or on any part of the land or building, vehicle, or thing.

      2. In this section, specified person means—

      3. a FENZ inspector; or
        1. FENZ personnel; or
          1. any other person who FENZ is satisfied—
            1. is suitably qualified and trained to act under this section; or
              1. belongs to a class of persons who are suitably qualified and trained to act under this section.

              2. The provisions of subpart 2 of Part 3 and Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply, with any necessary modifications.

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