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Outer Space and High-altitude Activities Act 2017

Enforcement and other matters - Enforcement officers and enforcement powers - Powers of enforcement officers

61: Provisions relating to entry to dwellinghouse or marae

You could also call this:

"Rules for searching homes or marae with a special warrant"

Illustration for Outer Space and High-altitude Activities Act 2017

If you are an enforcement officer, you cannot enter a dwellinghouse or a marae without a special warrant. This warrant must be given by an issuing officer, who must be satisfied that entering the dwellinghouse or marae is essential for the inspection to be carried out. You can find out more about how to apply for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

When a warrant is issued, certain rules from the Search and Surveillance Act 2012 apply, such as subparts 1, 3, 4, 5, 7, 9, and 10.

Some rules, like sections 118 and 119 of the Search and Surveillance Act 2012, only apply if the warrant is issued to a specific police officer or to all police officers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6966514.

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Crime and justice > Criminal lawCrime and justice > Police and safety
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Part 3Enforcement and other matters
Enforcement officers and enforcement powers: Powers of enforcement officers

61Provisions relating to entry to dwellinghouse or marae

  1. Nothing in section 60(1)(a) confers on any person the power to enter any dwellinghouse, or any marae or building associated with a marae, unless the entry is authorised by a warrant given by an issuing officer on application in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012, which must not be granted unless the issuing officer is satisfied that there are reasonable grounds to believe that the entry is essential to enable the inspection to be carried out.

  2. Subject to subsection (3), subparts 1, 3, 4, 5, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in relation to the issue of a warrant under subsection (1) and its execution.

  3. Sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.