Disorderly activity taken to have happened if obstruction or fortification
55 Disorderly activity taken to have happened if obstruction or fortification
This section applies if—
a police officer exercises, or attempts to exercise—
a function under section 49 in relation to restricted premises; or
a function under the Police Powers and Responsibilities Act 2000, section 157 in relation to premises; and
any of the following applies—
the police officer is assaulted or obstructed in the performance of the officer’s function;
the performance of the police officer’s function is hindered by excessive fortification of the premises.
This section also applies if a police officer has given a stop and desist notice to an owner or occupier of premises within 14 days before applying for a restricted premises order for the premises and the notice has not been complied with before the day of the hearing of the application.
In a relevant proceeding, evidence of any of the matters mentioned in subsection (1)(b) or (2) is evidence that a disorderly activity has taken place at the premises unless proven otherwise.
In this section—
assault has the meaning given by the Criminal Code, section 245.
function includes power.
obstruct includes hinder, resist and attempt to obstruct.
relevant proceeding means—
a proceeding against a person for a charge of having committed an offence against section 54; or
an application under this part to a court; or
an appeal relating to a proceeding mentioned in paragraph (a) or an application mentioned in paragraph (b).
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