sec.8AEMaking of information requirement

### sec.8AE Making of information requirement This section applies if, during the period of an emergency situation, the emergency commander is satisfied on reasonable grounds that— a person may be able to give information that is necessary to manage or resolve the emergency situation; and a designated person under the Hospital and Health Boards Act 2011 , part 7 a person who is responsible for a biometric identification system it is not practicable, in the circumstances of the emergency situation, to obtain the information from the person other than under this subdivision. The emergency commander or a police officer acting on the emergency commander’s instructions may require the person to give the information to— the emergency commander or police officer; or another police officer, who may be described by name or by reference to an officer performing a stated function. A requirement under subsection (2) is an information requirement . An information requirement— must be made by written notice; or if it is not reasonably practicable in the circumstances to give written notice—may be made orally, but must be confirmed in writing as soon as reasonably practicable after it is made. Because the information is required urgently, the police officer does not have time to return to the station to complete a written notice. An information requirement may require the person to give the information— either— if it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or otherwise—by a stated reasonable time and in a stated reasonable way; or telephoning a stated telephone number to give the information by telephone emailing a document to a stated email address by attending at a stated reasonable time and place to answer questions or produce documents. Also, an information requirement may require the person to give the information on an ongoing basis during the period of the emergency situation. However, the emergency commander or police officer may not under this section require the person to give the information if the emergency commander or police officer reasonably suspects the person has committed an indictable offence that is directly related to the emergency situation. See the Police Powers and Responsibilities Act 2000 for the powers to question a person suspected of having committed an indictable offence. For information that is included in an electronic document, compliance with the information requirement requires— the giving of a clear image or written version of the electronic document; or the giving of the information in a format that is able to be accessed by the emergency commander or police officer. giving a digital file of CCTV footage that is able to be played on a computer If the information requirement is current at the end of the declaration of the emergency situation, the information requirement ends. s 8AE ins 2016 No. 42 s 28 amd 2023 No. 23 s 247 sch 1 s 33 (sec.8AE-ssec.1) This section applies if, during the period of an emergency situation, the emergency commander is satisfied on reasonable grounds that— a person may be able to give information that is necessary to manage or resolve the emergency situation; and a designated person under the Hospital and Health Boards Act 2011 , part 7 a person who is responsible for a biometric identification system it is not practicable, in the circumstances of the emergency situation, to obtain the information from the person other than under this subdivision. (sec.8AE-ssec.2) The emergency commander or a police officer acting on the emergency commander’s instructions may require the person to give the information to— the emergency commander or police officer; or another police officer, who may be described by name or by reference to an officer performing a stated function. (sec.8AE-ssec.3) A requirement under subsection (2) is an information requirement . (sec.8AE-ssec.4) An information requirement— must be made by written notice; or if it is not reasonably practicable in the circumstances to give written notice—may be made orally, but must be confirmed in writing as soon as reasonably practicable after it is made. Because the information is required urgently, the police officer does not have time to return to the station to complete a written notice. (sec.8AE-ssec.5) An information requirement may require the person to give the information— either— if it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or otherwise—by a stated reasonable time and in a stated reasonable way; or telephoning a stated telephone number to give the information by telephone emailing a document to a stated email address by attending at a stated reasonable time and place to answer questions or produce documents. (sec.8AE-ssec.6) Also, an information requirement may require the person to give the information on an ongoing basis during the period of the emergency situation. (sec.8AE-ssec.7) However, the emergency commander or police officer may not under this section require the person to give the information if the emergency commander or police officer reasonably suspects the person has committed an indictable offence that is directly related to the emergency situation. See the Police Powers and Responsibilities Act 2000 for the powers to question a person suspected of having committed an indictable offence. (sec.8AE-ssec.8) For information that is included in an electronic document, compliance with the information requirement requires— the giving of a clear image or written version of the electronic document; or the giving of the information in a format that is able to be accessed by the emergency commander or police officer. giving a digital file of CCTV footage that is able to be played on a computer (sec.8AE-ssec.9) If the information requirement is current at the end of the declaration of the emergency situation, the information requirement ends. - (a) a person may be able to give information that is necessary to manage or resolve the emergency situation; and Examples of persons who may be able to give information that is necessary to manage or resolve the emergency situation— • a designated person under the Hospital and Health Boards Act 2011 , part 7 • a person who is responsible for a biometric identification system - • a designated person under the Hospital and Health Boards Act 2011 , part 7 - • a person who is responsible for a biometric identification system - (b) it is not practicable, in the circumstances of the emergency situation, to obtain the information from the person other than under this subdivision. - • a designated person under the Hospital and Health Boards Act 2011 , part 7 - • a person who is responsible for a biometric identification system - (a) the emergency commander or police officer; or - (b) another police officer, who may be described by name or by reference to an officer performing a stated function. - (a) must be made by written notice; or - (b) if it is not reasonably practicable in the circumstances to give written notice—may be made orally, but must be confirmed in writing as soon as reasonably practicable after it is made. Example— Because the information is required urgently, the police officer does not have time to return to the station to complete a written notice. - (a) either— (i) if it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or (ii) otherwise—by a stated reasonable time and in a stated reasonable way; or Examples of a reasonable way in which the information may be required to be given— • telephoning a stated telephone number to give the information by telephone • emailing a document to a stated email address - (i) if it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or - (ii) otherwise—by a stated reasonable time and in a stated reasonable way; or Examples of a reasonable way in which the information may be required to be given— • telephoning a stated telephone number to give the information by telephone • emailing a document to a stated email address - • telephoning a stated telephone number to give the information by telephone - • emailing a document to a stated email address - (b) by attending at a stated reasonable time and place to answer questions or produce documents. - (i) if it would be reasonable in the circumstances to require the person to give the information immediately—immediately; or - (ii) otherwise—by a stated reasonable time and in a stated reasonable way; or Examples of a reasonable way in which the information may be required to be given— • telephoning a stated telephone number to give the information by telephone • emailing a document to a stated email address - • telephoning a stated telephone number to give the information by telephone - • emailing a document to a stated email address - • telephoning a stated telephone number to give the information by telephone - • emailing a document to a stated email address - (a) the giving of a clear image or written version of the electronic document; or - (b) the giving of the information in a format that is able to be accessed by the emergency commander or police officer. Example— giving a digital file of CCTV footage that is able to be played on a computer