40Use of force on entry

40 Use of force on entry

40 Use of force on entry

(1) Reasonable force may be used for the purpose of gaining entry to premises under a power conferred by this Division, but only if authorised by the Regulatory Authority in accordance with this section or in cases of emergency.

(2) The authority of the Regulatory Authority—

(a) must be in writing, and

(b) must be given in respect of the particular entry concerned, and

(c) must specify the circumstances that are required to exist before force may be used.

(3) This section does not apply to a power conferred by a search warrant and does not affect section 70 of the Law Enforcement (Powers and Responsibilities) Act 2002.

s 40: Am 2002 No 103, Sch 4.40 [1]; 2013 No 75, Sch 1 [5].