Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Emergency Management Bill (No 2)

Emergency response and recovery: states of emergency and transition periods - Powers applying during transition periods - Application and exercise of powers in sections 160 to 165

159: When constables may exercise powers

You could also call this:

"When police can use special powers to help keep people safe"

Illustration for Emergency Management Bill (No 2)

You can exercise certain powers as a constable if you think it is in the public interest. You must also think it is necessary or desirable to ensure a timely and effective recovery. You need to consider if your actions are proportionate in the circumstances. You can do this under proposed sections 160 to 165. However, there is an exception if you think someone's life is at risk. In that case, you can exercise powers under proposed section 161(2) to preserve human life.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1541844.

This page was last updated on — View changes

Topics:
Crime and justice > Police and safety
Previous

158: When Recovery Managers may exercise powers, or

"When can Recovery Managers use their special powers to help people?"

Next

160: Transition period powers of authorised Recovery Managers, or

"Powers of the person in charge during an emergency"

Part 4Emergency response and recovery: states of emergency and transition periods
Powers applying during transition periods: Application and exercise of powers in sections 160 to 165

159When constables may exercise powers

  1. A constable may exercise the powers conferred on them by sections 160 to 165 if the exercise of the powers is, in the opinion of the constable,—

  2. in the public interest; and
    1. necessary or desirable to ensure a timely and effective recovery; and
      1. proportionate in the circumstances.

        1. However, subsection (1) does not apply if, in the opinion of the constable, the exercise of the powers in section 161(2) is necessary to preserve human life.