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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 - Powers exercised by specified persons and others

129: Power to enter premises and places

You could also call this:

"Entering premises to help people or animals in emergencies"

Illustration for Emergency Management Bill (No 2)

If you are a specified person, you may enter premises or places in certain situations. You can do this if you believe it is necessary to save lives, prevent injuries, or help people in distress. You can also do this to help animals that are in pain or distress. You are allowed to enter premises, public places, or a marae, but you must follow certain rules. If you are entering a marae, you can only do so to save lives or prevent injuries. Before entering a place to help an animal, you must try to contact the owner or occupier first. If you enter a place to help an animal, you can examine, mark, seize, or destroy the animal if necessary. You must then try to secure the place and contact the owner or occupier to tell them what you have done. A marae is a place that has the same meaning as in the Animal Welfare Act 1999.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022538.

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Topics:
Emergency management > Emergency servicesAnimal welfare > Animal protectionHealth and wellbeing > Public healthHealth and wellbeing > Emergency medical services
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Part 4Emergency response and recovery: states of emergency and transition periods
Powers applying during states of emergency: Powers exercised by specified persons and others

129Power to enter premises and places

  1. A specified person may take the action specified in subsection (2) if the specified person believes on reasonable grounds that the action is necessary to do 1 or more of the following:

  2. preserve human life, prevent injury to people, or rescue and remove injured or endangered people:
    1. permit or facilitate carrying out an urgent measure for the relief of suffering or distress of people:
      1. mitigate unreasonable or unnecessary pain or distress of an animal.

        1. The specified person may enter on or into, and if necessary break into, 1 or more of the following:

        2. premises, other than a marae:
          1. a place, including a public place:
            1. a marae, but only for a reason specified in subsection (1)(a) or (b).

              1. The specified person must not exercise the power authorised in subsection (2) for the reason specified in subsection (1)(c) unless—

              2. the specified person has first made efforts that are reasonable in the circumstances to contact—
                1. the owner of the place or premises; or
                  1. if the owner is not the occupier of the place or premises, the occupier of the place or premises; and
                  2. the specified person has been unable to contact the owner or, if applicable, the occupier of the place or premises.

                    1. A specified person who enters on or into premises or a place under this section for the reason specified in subsection (1)(c)—

                    2. may, for that purpose, examine, mark, seize, take a sample from, secure, disinfect, or destroy an animal:
                      1. must make efforts that are reasonable in the circumstances to—
                        1. leave the premises or place secured; and
                          1. contact the owner or, if applicable, occupier of the place or premises to inform them of the action the specified person has taken.

                          2. In this section, marae has the same meaning as in section 2(1) of the Animal Welfare Act 1999.

                          Compare
                          • 2002 No 33 s 87