General power to enter to make inquiries, investigations or serve documents
19 General power to enter to make inquiries, investigations or serve documents
The purpose of this section is to ensure a police officer performing a function of the police service may enter and stay on a place in circumstances that may otherwise be trespass.
However, this section does not authorise entry to a private place if a provision of this Act or another Act provides for entry in the particular circumstances only under a search warrant or other stated authority.
Note—See, for example, the Disaster Management Act 2003, section 111.
A police officer may enter a place and stay for a reasonable time on the place to inquire into or investigate a matter.Examples for subsection (3)—
1 The entry may be to a public area of a place such as a hotel or a nightclub for finding out if an offence is being or has been committed on the place.
2 The entry may be for finding out if a person reasonably suspected of being involved in the commission of an offence is at a place.
3 The entry may be for finding out if a missing person is in the place.
Also, a police officer may enter and stay for a reasonable time on a place to serve a document.
However, if the place contains a dwelling, the only part of the place a police officer may enter without the consent of the occupier is the part of the place that is not a dwelling.
Also, the police officer may only use minimal force to enter the place.Example for subsection (6)—turning a door handle to open an unlocked door and opening the door
This Act’s bill:Explanatory memorandum
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