Law Enforcement (Powers and Responsibilities) Act 2002 No 103
87N Emergency exercise of powers
(a) a police officer suspects on reasonable grounds that there is a
large-scale public disorder occurring or a threat of such a disorder occurring
in the near future, and
(b) the officer suspects on reasonable grounds that the occupants of a
vehicle on a road have participated or intend to participate in the public
the officer may exercise the powers conferred under this Division in
relation to the vehicle (and any person or thing in or on the vehicle) without
an authorisation having been given under this Division in connection with the
public disorder or threatened public disorder.
(2) Before exercising any such power, the officer must obtain approval
to do so (orally or in writing) from a police officer of or above the rank of
Inspector. Approval is not to be given unless the police officer is satisfied
that the officer seeking to exercise the power has reasonable grounds for the
suspicions referred to in subsection (1).
(3) A police officer is to cease exercising powers under this
(a) if the officer is notified that an application for an
authorisation under this Division in connection with the public disorder or
threatened disorder has been granted or refused, or
(b) if 3 hours has expired since approval was given for the exercise
of those powers,
whichever first occurs.
(4) This section does not authorise a police officer to exercise the
powers under section 87MA.