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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Seizure, etc, of aircraft without person on board

317: Power to enter homes or marae

You could also call this:

"Police need permission or a special warrant to enter your home or marae"

Illustration for Civil Aviation Act 2023

If you are a constable or a response officer, you must not enter someone's home or marae without their consent. You also need consent to enter a building associated with a marae, or to enter a place through one of these areas, unless you have a warrant.

You can get a warrant from an issuing officer if you can show that entering the home or marae is necessary to do your job, as outlined in section 316.

A warrant lets you enter the home or marae, but only so you can do the things you are allowed to do under section 316, and you must follow the rules set out in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS402165.

Topics:
Crime and justice > Police and safety
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316: Power to seize, detain, or destroy aircraft without person on board, or

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318: Provision relating to seizure or detention of aircraft in operation without a person on board, or

"Stopping drones or planes flying without a pilot on board"

Part 9Monitoring, investigation, and enforcement
Seizure, etc, of aircraft without person on board

317Power to enter homes or marae

  1. Despite section 316, a constable or a response officer must not, in taking action under that section, except with the consent of an occupier or under the authority of a warrant issued under subsection (2),—

  2. enter a home, a marae, or a building associated with a marae; or
    1. enter a place through a home, a marae, or a building associated with a marae.

      1. An issuing officer may, on an application made by a constable or a response officer in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, issue a warrant to enter a home (or part of a home), a marae (or part of a marae), or a building associated with a marae (or part of a building associated with a marae) if the issuing officer is satisfied on reasonable grounds that entry is necessary to exercise the powers specified in section 316.

      2. A warrant issued under subsection (2) authorises a constable or a response officer to enter the home or marae only to exercise the powers specified in section 316.