Law Enforcement (Powers and Responsibilities) Act 2002 No 103
Current version for 1 November 2014 to date (accessed 26 November 2014 at 19:47)
Part 6Section 83

83   Entry by warrant where entry denied

(cf Crimes Act 1900, s 357G)

(1)  A police officer may apply to an authorised officer for a warrant if the police officer:
(a)  has been denied entry to a specified dwelling, and
(b)  the police officer suspects that:
(i)  a domestic violence offence is being, or may have been recently, committed, or is imminent, or is likely to be committed in the dwelling, and
(ii)  it is necessary for a police officer to enter the dwelling immediately in order to investigate whether a domestic violence offence has been committed or to take action to prevent the commission or further commission of a domestic violence offence.
(2)  An authorised officer may, if satisfied that there are reasonable grounds for the police officer’s suspicion, issue a warrant authorising any police officer:
(a)  to enter the dwelling, and
(b)  to investigate whether a domestic violence offence has taken place or to take action to prevent the commission or further commission of a domestic violence offence, or both.
Note. For provisions relating to applications for warrants, and other related matters, see section 59.
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