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CPK Senior Sergeant 2022 > Chapter 3: Hazardous substances and New Organisms, Alcohol > Flashcards

Chapter 3: Hazardous substances and New Organisms, Alcohol Flashcards

1
Q

List the six descriptors for “Hazardous Substance”

A
  • Explosive
  • Flammable
  • Oxidising
  • Corrosive
  • Toxic
  • Eco-toxic
  • or becomes one of these on contact with air or water
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2
Q

Describe a “New Organism” (5)

A

1: Organism not in NZ prior to July 1998
2: Organism not in NZ prior to relevent regulation.
3: Orgnanism approved for conditional or controlled release or containment.
4: Genetically Modified organism
5: Eradicated from NZ

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3
Q

s 135 Describe “emergency” in context of the Hazardous Substances and New Organisms Act

A

a) Actual or Imminent danger to human health or safety

OR

b) danger to environment or chattels so significant immediate action required to remove danger -

arising from substance or organism requiring immediate action

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4
Q

Before you can declare an emergency you must consider Four Acts that might already be engaged or active in relation to the event. What are they?

A

No emergency has been declared by an enforcement officer under:

  • Fire and Emergency NZ Act
  • Civil Defence Management Act
  • Biosecurity Act
  • This Act (Hazardous substances and New Organisms Act)
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5
Q

s136(c) DECLARATION of a Hazardous substances emergency. Full powers are under s137. They should be excercised in order to/powers (4)

A
  • Enter premises
  • Remove cause of emergency
  • Stabilise situation
  • Protect persons/environment/chattels.
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6
Q

What three things must you state on declaring an emergency?

A
  • Identify yourself to any person in the vicinity
  • Authority to exercise power (Environmental Protection Authority)
  • Nature of Emergency and the area likely to be affected
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7
Q

How long does the Hazardous substances or New Organisms emergency last?

A

Max 48 hours after declaration or when one of the three over-riding statutory enactments takes over (Fire and Emergency; Bio Security or Civil defence) which ever is the sooner.

Can be for another 48 hours of no other enactment has taken place, and emergency still exists

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8
Q

s137 grants specific EMERGENCY powers under the act in relation to a Hazardous substances or new organisms emergency. What are they?

A
  • Enter any premise or dwelling at any time
  • Direct any person to:
  1. Stop activity contributing to emergency
  2. Leave the vicinity
  3. Refrain from entering the vicinity
  • Requisition any property for use in the emergency
  • Destroy property in order to prevent/limit emergency
  • Secure site for 24hrs following passing of immediate danger
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9
Q

S4 Sale and Supply of Alcohol Act 2012. What is the object of the act

A
  1. Sale, Supply and consumption of alcohol undertaken safely and responsibly
  2. harm caused by excessive or inappropriate consumption should be minimised
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10
Q

Sale ans Supply of Liquor Act 2012
S265 Closure of premises by order. On what grounds may a constable request a District Court Judge, 2 Justices or 1 Community Magistrate to close a premises?

A

-If a riot occurs, or reasonable grounds to believe a riot may occur in any place

May use force reasonably necessary to close

*nb any place means it’s not necessary for the riot to be at the licenced premises in question. Whereas s 266 (closure by police) requires the riot or other public nusiance activity to occur at the licenced premises

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11
Q

S266 In what circumstances can a Constable order closure of licensed premises (5)

A
  • If a riot occurs, or reasonable grounds to believe a riot may occur in any place or
  • fighting or serious disorder or
  • significant threat to public health or safety or
  • conduct amounting to a substantial public nuisance
  • or RGTB offences have been committed that carry a maximum 5 years or more and significant risk of further offences if premises remains open.

May use reasonable force reasonably necessary to close

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12
Q

S266 How long can remain closed

A

Immediate closure (or any part of premises for sale of alcohol) up to (no later than) 24 hours from the END OF THE DAY on which the order was made.

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13
Q

S266 Who should you seek authority from to invoke this?

A

Substantive Sgt or Above. Including Sgt at Comms centre

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14
Q

What is definition of riot

A

Group of 6 or more people acting together using violence against persons or property to the alarm of persons in the neighbourhood

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15
Q

How can order under s266 be revoked

A

Duty manager applies to DC Judge or 2 or more magistrates/JP’s to review.

Judge may:

  • revoke order
  • revoke with conditions
  • refuse to revoke
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16
Q

What general considerations relating to wider implications should be made before invoking this section (4)

A
  1. Whether situation can be resolved by other means
  2. Consider impact of closure on licensee
  3. having disgruntled patrons evicted and likelihood of disorder
  4. frivolous closure may cause undue financial hardship and result in criticism of Police
17
Q

When deciding to close premises what should take consideration of in regard to the actual closure (4)

A
  1. Weight of evidence supporting closure
  2. previous interactions with Police
  3. likelihood of escalating violence
  4. Duration of closure
18
Q

How to decide the duration of the order (3)

A
  1. When order is likely to be restored
  2. Sufficient to address public concerns
  3. the impact on licensee
19
Q

S267 Power of entry on licensed premises. Describe the powers of entry that allows a constable or an inspector to enter any licensed premises?

A

Police may at any reasonable time enter and inspect any licensed premises to ascertain whether the licensee is complying with the previsions of the Act and conditions of the license. Or reasonable ground to believe offence against the Act.

20
Q

s267 what may constable or inspector require of licensee or Manager (2)

A
  1. Production of any license or document
  2. provide information or assistance relating to duties of licensee or manager
21
Q

If licensee or manager fails or refuses to admit Police under S 267 Sale and Supply of Alcohol Act, what course of action should you consider?

A

Warn for obstruction and arrest if obstruction continues (s 23 Summary Offences Act)

22
Q

S269 Power of Police to demand information. What grounds may Police demand identifying particulars?

A

When Police have reasonable grounds to suspect any person has committed or attempted to committee any offences against this Act

23
Q

S269 what particulars are these

A

Name, Address, DOB. Can be arrested for refusing

24
Q

If a Constable declares an emergency under Hazardous Substances and New Organisms Act 1996, who must they notify?

A

-The Authority

CPK Senior Sergeant 2022 (21 decks)

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