Policing Act 2008

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Other Police powers

35 Temporary closing of roads

(1)

A constable may temporarily close to traffic any road, or part of a road, leading to or from or in the vicinity of a place, if the constable has reasonable cause to believe that—

(a)

public disorder exists or is imminent at or near that place; or

(b)

danger to a member of the public exists or may reasonably be expected at or near that place; or

(c)

an offence punishable by 10 or more years’ imprisonment has been committed or discovered at or near that place.

(2)

In this section,—

road has the meaning given in section 315(1) of the Local Government Act 1974 except that it includes—

(a)

a motorway within the meaning of section 2 of the Transit New Zealand Act 1989; and

(b)

a private road within the meaning of section 315(1) of the Local Government Act 1974; and

(c)

a private way within the meaning of section 315(1) of the Local Government Act 1974

temporarily means for a period that is reasonably necessary in the circumstances

traffic means all or any specified type of traffic (including pedestrian traffic).

Compare: 1974 No 66 s 342A

Section 35(1)(c): replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).