2008/425

Anand Satyanand, Governor-General
At Wellington this 4th day of November 2008
Present:
His Excellency the Governor-General in Council
Pursuant to section 82 of the Major Events Management Act 2007, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
These regulations are the Major Events Management Regulations 2008.
These regulations come into force on 7 November 2008.
In these regulations, unless the context otherwise requires, Act means the Major Events Management Act 2007.
A warrant of appointment issued to an enforcement officer under section 39 of the Act must be in form 1 of the Schedule.
A formal warning issued under section 46 of the Act must be in form 2 of the Schedule.
A formal warning issued under section 46 of the Act must be issued by—
(a) personal delivery to the person being warned; or
(b) posting it to the last known residential address of the person being warned.
A search warrant issued under section 67 of the Act must be in form 3 of the Schedule.
Schedule |
Full name:
Identification number:
[Photo of warrant holder]
Signature:
This is to certify that the person whose name, photograph, and signature appear on this warrant—
is an enforcement officer appointed under section 39 of the Major Events Management Act 2007; and
may exercise the powers conferred on enforcement officers by that Act.
Chief Executive, Ministry of Economic Development
Date:
On [date], [details of events or actions that occurred].
I have reasonable grounds to believe that this constituted a breach by you of [section that is believed to have been breached] of the Major Events Management Act 2007 (the Act) on the grounds that [statement of grounds to support belief that a breach occurred].
You are required to take immediate steps to remedy this breach and ensure no further contraventions of the Act occur. If you do not remedy this breach or if further contraventions do occur, enforcement action may be taken under the Act.
Enforcement action may include things being seized, things being covered, or court action being taken against you that may result in a conviction for an offence and a fine of up to $150,000/$5,000*. Civil proceedings may also be brought against you.
| *Select one. |
Please note that issuing this formal warning notice to you does not affect other powers or rights to consider or impose other appropriate sanctions under the Act.
[Name of enforcement officer]
Enforcement officer
Number of warrant:
or
or
I am satisfied, on an application in writing made on oath, that, in relation to [address of place or description of vehicle or thing that may be searched], there are reasonable grounds for believing that there is at that place, vehicle, or thing some thing—
*(a) in respect of which an offence against [specify offence provision] of the Major Events Management Act 2007 has been or is being committed; or
*(b) that has been, is being, or is intended to be used by a person for the commission of an offence against [specify offence provision] of the Major Events Management Act 2007; or
*(c) that is evidence of the commission of an offence against [specify offence provision] of the Major Events Management Act 2007 by a person.
| *Select the paragraphs that apply. |
1 This warrant authorises you, on 1 occasion within 14 days of the date of issue of this warrant, to—
(a) enter and search the place, vehicle, or thing specified at a time that is reasonable in the circumstances; and
(b) use any assistance that is reasonable in the circumstances; and
(c) use any force to gain entry and to break open any article or thing that is reasonable in the circumstances; and
(d) search for and seize [describe the kind of property that is authorised to be searched for and seized]; and
(e) search for and cover [describe the kind of property that is authorised to be searched for and covered]; and
(f) if necessary, take copies of, or extracts from, [describe the kind of documents that are authorised to be copied]; and
(g) if necessary, require a person to reproduce, or assist you to reproduce in usable form, information recorded or stored in a document.
2 The power in paragraph 1 to enter and search a place, vehicle, or thing must not be exercised by an enforcement officer unless, when exercising that power, the enforcement officer is accompanied by a constable.
3 A person assisting you also has the powers referred to in paragraph 1(c) to (f).
4 This warrant is subject to the following reasonable conditions:
[set out any reasonable conditions, or state “None specified”
].
Issued at [place], [date].
(High Court Judge or
District Court Judge or
Community Magistrate or
Justice of the Peace or
Registrar of a District Court)
Rebecca Kitteridge,
Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 7 November 2008,—
prescribe the form of the warrant of appointment of enforcement officers issued under section 39 of the Major Events Management Act 2007 (the Act):
prescribe the form of formal warnings issued under section 46 of the Act:
specify the manner in which formal warnings must be issued:
prescribe the form of search warrants to enter and search places, vehicles, or things for the purposes of section 69(a) of the Act.
Date of notification in Gazette: 6 November 2008.
These regulations are administered by the Ministry of Economic Development.