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Emergency Management Bill (No 2)

Emergency response and recovery: states of emergency and transition periods - Powers applying during states of emergency - Warrant for entry to obtain information

137: Warrant for entry to obtain information

You could also call this:

"Letting officials into a place to get important information in an emergency"

Illustration for Emergency Management Bill (No 2)

If there is an emergency or a threat of one, you might need to let officials enter premises to get information. They can apply for a warrant to do this if they think it will help limit or prevent the emergency. The officials must show that the information is urgently needed and that the person with the information has refused to provide it. You should know that a warrant can be issued even if the person was already asked for the information under section 170. This can happen whether or not there are ongoing proceedings about the request. The officials who can apply for a warrant include the Director-General, the National Controller, and authorised Controllers. These officials are called office holders, and they can also include people authorised by an Emergency Management Committee. They have the power to act under this proposed law if there is an emergency or a threat of one. The proposed law is trying to help officials get the information they need to keep people safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022517.

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136: Notice requirements under section 135, or

"Telling people about emergency directions"


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138: Form and content of warrant, or

"What a search warrant must include and how it works"

Part 4Emergency response and recovery: states of emergency and transition periods
Powers applying during states of emergency: Warrant for entry to obtain information

137Warrant for entry to obtain information

  1. This section applies if—

  2. a state of emergency is in force; or
    1. an office holder considers that an imminent threat of an emergency exists.
      1. An office holder may apply to the District Court for a warrant authorising a constable to enter and search any premises, other than a private dwelling or marae, for the purpose of obtaining information required to—

      2. limit the extent of an existing emergency; or
        1. prevent a threatened emergency or limit its extent.
          1. A District Court Judge may issue the warrant only if satisfied by the office holder—

          2. that—
            1. a state of emergency is in force; or
              1. an imminent threat of an emergency exists; and
              2. that the information is urgently required to—
                1. limit the extent of the existing emergency; or
                  1. prevent the threatened emergency or limit its extent; and
                  2. that the person in possession of the information has refused to provide the information.
                    1. A warrant may be issued under this section—

                    2. even if a requirement to give the information referred to in subsection (3) has been imposed at an earlier time under section 170; and
                      1. whether or not proceedings in relation to an appeal or the prosecution of an offence in respect of that requirement have been completed.
                        1. In this section, office holder means any one of the following persons:

                        2. the Director-General:
                          1. the National Controller:
                            1. an authorised Controller:
                              1. a person authorised by an Emergency Management Committee to act under this section.
                                Compare
                                • 2002 No 33 s 78