200Limitation on exercise of police powers under this Part

200 Limitation on exercise of police powers under this Part

200 Limitation on exercise of police powers under this Part

(1) This Part does not authorise a police officer to give a direction in relation to an industrial dispute.

(2) This Part does not authorise a police officer to give a direction in relation to—

(a) an apparently genuine demonstration or protest, or

(b) a procession, or

(c) an organised assembly,

except as provided by subsection (3)–(5) or section 200AA.

(3) A police officer is not precluded from giving a direction in relation to any such demonstration, protest, procession or assembly if the police officer believes on reasonable grounds that the direction is necessary to deal with a serious risk to the safety of the person to whom the direction is given or to any other person.

(4) A police officer is not precluded from giving a direction in relation to any such demonstration, protest, procession or assembly that is obstructing traffic if—

(a) the demonstration, protest, procession or assembly is not an authorised public assembly for the purposes of Part 4 of the Summary Offences Act 1988 or the demonstration, protest, procession or assembly is not being held substantially in accordance with any such authorisation, and

(b) the police officer in charge at the scene has authorised the giving of directions under this Part in relation to the demonstration, protest, procession or assembly, and

(c) the direction is limited to the persons who are obstructing traffic.

(5) A police officer is not precluded from giving a direction in relation to a demonstration, protest, procession or assembly referred to in subsection (2)(a)–(c) if the demonstration, protest, procession or assembly is being held in an area the subject of a public assembly restriction declaration made under the Terrorism (Police Powers) Act 2002, Part 2, Division 3A while the declaration is in force.

s 200: Subst 2016 No 7, Sch 3 [2]. Am 2025 No 10, Sch 2[1] [2]; 2025 No 84, Sch 1[1] [2]; 2025 No 86, Sch 4[4] [5].