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Emergency Management Bill (No 2)

Emergency response and recovery: states of emergency and transition periods - Powers applying during transition periods - Powers exercised by authorised Recovery Managers or constables

162: Power to enter premises and places

You could also call this:

"Authorised people can enter properties to help people or animals in need"

Illustration for Emergency Management Bill (No 2)

If you are an authorised Recovery Manager or a constable, 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 have a good reason for doing so. If you want to enter a place to help an animal, you must first try to contact the owner or occupier of the place. If you cannot contact them, you can still enter the place to help the animal. If you enter a place to help an animal, you must try to leave the place secure and contact the owner or occupier to tell them what you have done. A marae has the same meaning as in the Animal Welfare Act 1999. You can enter a marae, but only to save lives, prevent injuries, or help people in distress.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022562.

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Topics:
Crime and justice > Police and safetyAnimal welfare > Animal protectionHousing and property > Home safety and repairsHousing and property > Land use
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Part 4Emergency response and recovery: states of emergency and transition periods
Powers applying during transition periods: Powers exercised by authorised Recovery Managers or constables

162Power to enter premises and places

  1. An authorised Recovery Manager or a constable may take the action specified in subsection (2) if the authorised Recovery Manager or constable 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 authorised Recovery Manager or constable 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 authorised Recovery Manager or constable must not exercise the power in subsection (2) for the reason specified in subsection (1)(c) unless—

              2. the authorised Recovery Manager or constable 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 authorised Recovery Manager or constable has been unable to contact the owner or, if applicable, occupier of the place or premises.

                    1. An authorised Recovery Manager or constable who enters on or into premises or a place under this section for the reason specified in subsection (1)(c) must make efforts that are reasonable in the circumstances to—

                    2. 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 authorised Recovery Manager or constable has taken.

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

                        Compare
                        • 2002 No 33 s 94L