Enforcement

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 COVID-19 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 COVID-19 order and entry is necessary for the purpose of giving a direction under section 21.

(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.

Section 20(1): amended, on 6 August 2020, by section 10 of the COVID-19 Public Health Response Amendment Act 2020 (2020 No 57).

Section 20(3): amended, on 6 August 2020, by section 10 of the COVID-19 Public Health Response Amendment Act 2020 (2020 No 57).