Section 317 — Crimes Act 1961: Power to enter premises to arrest offender or prevent offence
Text of the provision Official document
317 Power to enter premises to arrest offender or prevent offence (1) Where any constable is authorised by this Act or by any other enactment to arrest any person without warrant, that constable, and all persons whom he calls to his assistance, may enter on any premises, by force if necessary, to arrest that person if the constable— (a) Has found that person committing any offence punishable by imprisonment and is freshly pursuing that person; or (b) Has good cause to suspect that that person has committed any such offence on those premises. (2) Any constable, and all persons whom he calls to his assistance, may enter on any premises, by force if necessary, to prevent the commission of any offence that would be likely to cause immediate and serious injury to any person or property, if he believes, on reasonable and probable grounds, that any such offence is about to be committed. (3) If, in any case to which this section applies, the constable is not in uniform and any person in actual occupation of the premises requires him to produce evidence of his authority, he shall before entering on the premises produce his badge or other evidence that he is a constable. (4) Nothing in this section shall affect in any way the power of any constable to enter any premises pursuant to a warrant. Subsection (1)(a) was amended, as from 26 December 1989, by section 3(6) Abolition of the Death Penalty Act 1989 (1989 No 119) by omitting the words “ death or ” .
Official source: legislation.govt.nz
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