Powers of entry, arrest, immobilisation, and impoundment

119 Powers of entry
  • (1) An enforcement officer may exercise the powers conferred by subsection (2) if the enforcement officer—

    • (a) has good cause to suspect that a person—

      • (i) has contravened a request or requirement or demand made under section 114 (other than subsection (1)); and

      • (ii) has also committed or is committing an offence against section 35(1)(a) or section 35(1)(b) (which relate to reckless or dangerous driving offences), or is, or has recently been, driving under the influence of drink or a drug, or both; and

    • (b) is freshly pursuing that person.

    (2) The enforcement officer may, without warrant, in the course of the pursuit enter, by force if necessary, any premises which the person has entered, for either or both of the following purposes:

    • (a) determining whether or not a power conferred on an enforcement officer by section 68 or section 69 should be exercised in respect of that person:

    • (b) exercising or completing the exercise of any such power in respect of that person (as if the person were in a motor vehicle on a road).

    (2A) The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3) apply in respect of the power in subsection (2).

    (3) An enforcement officer may, without warrant, enter, by force if necessary, a building or place where a vehicle to which section 96, 96A, or 123 applies is being stored or kept, and seize and impound the vehicle,—

    • (a) if—

      • (i) an enforcement officer has been freshly pursuing the vehicle; or

      • (ii) it is likely that a person was about to remove, conceal, destroy, or dispose of the vehicle; or

      • (iii) an enforcement officer believes on reasonable grounds that the vehicle was about to be used in the commission of a crime; and

    • (b) if, because of the time of the day or the locality, it was impracticable to obtain a warrant without creating an opportunity for the person to do anything referred to in paragraph (a)(ii) or (iii).

    (4) For the purposes of seizing and impounding a vehicle under section 96 or section 96A or section 123 in any case where subsection (3) does not apply, an enforcement officer may enter a building or place where a vehicle to which that section applies is being stored or kept only with the consent of the occupier or under a warrant issued under subsection (5).

    (5) An enforcement officer may apply, in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012, to an issuing officer (within the meaning of section 3 of that Act), for a warrant to enter a place referred to in subsection (4) and, if satisfied that there is reasonable ground for believing that a vehicle to which section 96 or section 96A or section 123 applies is being stored or kept in the building or place, the Judge may issue a warrant authorising an enforcement officer to enter, by force if necessary, any part of the building or place, and seize and impound the vehicle.

    (6) The provisions of Part 4 of the Search and Surveillance Act 2012 apply in respect of the powers in subsections (3) and (5) (except for subpart 3 of that Part in relation to subsection (3)).

    (7) An enforcement officer who enters any premises under this section may not exercise on those premises any power of arrest conferred by this Act other than a power of arrest conferred by any of sections 68(3), 69(6), and 120.

    Compare: 1962 No 135 s 66A

    Section 119(2A): inserted, on 1 October 2012, by section 268(2) of the Search and Surveillance Act 2012 (2012 No 24).

    Section 119(3): replaced, on 1 October 2012, by section 268(3) of the Search and Surveillance Act 2012 (2012 No 24).

    Section 119(4): amended, on 1 October 2007, by section 67(2) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 119(5): amended, on 1 October 2012, by section 268(4) of the Search and Surveillance Act 2012 (2012 No 24).

    Section 119(5): amended, on 1 October 2007, by section 67(3) of the Land Transport Amendment Act 2005 (2005 No 77).

    Section 119(6): replaced, on 1 October 2012, by section 268(5) of the Search and Surveillance Act 2012 (2012 No 24).