171 Power to enter homes and marae

(1)

A FENZ inspector must not, except with the consent of an occupier or under a warrant, enter any land or building that is a home or a marae or a building associated with a marae.

(2)

An issuing officer may, on an application made by a FENZ inspector in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, issue a warrant to enter a home or a marae or a building associated with a marae if he or she is satisfied that there are reasonable grounds to believe that the home or the marae or the building associated with a marae—

(a)

may be the site of an emergency for which FENZ has powers, duties, or functions and entry is necessary for a FENZ inspector to carry out inspection for pre-incident planning; or

(b)

may be the site of any other emergency for which FENZ has powers, duties, or functions and entry is necessary for a FENZ inspector to exercise compliance powers; or

(c)

has been the site of an emergency for which FENZ has powers, duties, or functions and entry is necessary for a FENZ inspector to conduct post-incident analysis.

(3)

A warrant issued under subsection (2) authorises a FENZ inspector to exercise only the powers specified in sections 170, 173, and 174 and Part 4 (except sections 118 and 119) of the Search and Surveillance Act 2012.

(4)

Any exercise of the power of entry at a marae or a building associated with a marae must take account of the kawa of the marae so far as practicable in the circumstances.

(5)

The provisions of Part 4 (except sections 118 and 119) of the Search and Surveillance Act 2012 apply.

Compare: 2015 No 70 s 169