2020 JUN 22 Billy Te Kahika; NZPP ‘COVID-19 Public Health Response Act 2020’ (Section 20 ‘Powers of entry’)

(1)

An enforcement officer may enter, without a warrant, any land, building, craft, vehicle, place, or thing if they have reasonable grounds to believe that a person is failing to comply with any aspect of a section 11 order.

(2)

However, subsection (1) does not apply to a private dwellinghouse.

(3)

A constable may enter a private dwellinghouse without warrant only if they have reasonable grounds to believe that people have gathered there in contravention of a section 11 order and entry is necessary for the purpose of giving a direction under section 21.^[2]http://www.legislation.govt.nz/act/public/2020/0012/latest/link.aspx?id=LMS344195#LMS344195

(4)

A constable exercising a power of entry under this section may use reasonable force in order to effect entry into or onto the land, building, craft, vehicle, place, or thing if, following a request, a person present refuses entry or does not allow entry within a reasonable time.

(5)

Any constable who exercises a warrantless entry power under this section must provide a written report on the exercise of that power to the Commissioner or a Police employee designated to receive reports of that kind by the Commissioner, as soon as practicable after exercising the power.

(6)

Any enforcement officer (other than a constable) who exercises a warrantless entry power under this section must provide a written report on the exercise of that power to the Director-General, or an employee designated to receive reports of that kind by the Director-General, as soon as practicable after exercising the power.

(7)

A report referred to in subsection (5) or (6) must contain—

(a)

a short summary of the circumstances surrounding the exercise of the power, and the reason or reasons why the power needed to be exercised; and

(b)

a description of any other action undertaken.

(8)

If a marae is entered under subsection (1), the person exercising the power must also send a copy of the report referred to in subsection (5) or (6) (as the case may be) to the committee of the relevant marae.

(a)

direct that person to stop any activity that is contravening or likely to contravene the order:

(b)

direct that person to take any action to prevent or limit the extent of the person’s non-compliance.