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
This section applies if—
- a state of emergency is in force; or
- an office holder considers that an imminent threat of an emergency exists.
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—
- limit the extent of an existing emergency; or
- prevent a threatened emergency or limit its extent.
A District Court Judge may issue the warrant only if satisfied by the office holder—
- that—
- a state of emergency is in force; or
- an imminent threat of an emergency exists; and
- a state of emergency is in force; or
- that the information is urgently required to—
- limit the extent of the existing emergency; or
- prevent the threatened emergency or limit its extent; and
- limit the extent of the existing emergency; or
- that the person in possession of the information has refused to provide the information.
A warrant may be issued under this section—
- even if a requirement to give the information referred to in subsection (3) has been imposed at an earlier time under section 170; and
- whether or not proceedings in relation to an appeal or the prosecution of an offence in respect of that requirement have been completed.
In this section, office holder means any one of the following persons:
- the Director-General:
- the National Controller:
- an authorised Controller:
- a person authorised by an Emergency Management Committee to act under this section.
Compare
- 2002 No 33 s 78



