Hazardous substances and New Organisms, Alcohol

Question 1

List the six descriptors for “Hazardous Substance”

Answer 1

Explosive Flammable Oxidising Corrosive Toxic Eco-toxic (or becomes one of these on contact with air or water)

Question 2

Describe a “New Organism” (5)

Answer 2

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

Question 3

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

Answer 3

1: Actual or Imminent danger to human health or safety
2. OR danger to environment or chattels so significant immediate action required to remove danger
3: Arising from substance or organism
4: Requiring immediate action

Question 4

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?

Answer 4

Not already being dealt with or emergency declared under:

Fire and Emergency NZ Act

Civil Defence Management Act

Biosecurity Act

This Act (Hazardous substances and New Organisms Act)

Question 5

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

Answer 5

Enter premises

Remove cause of emergency

Stabilise situation

Protect persons/environment.

Question 6

What three things must you state on declaring an emergency?

Answer 6

Your name and title

Authority to exercise power (Environmental Protection Authority)

Nature of Emergency

Question 7

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

Answer 7

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)

Question 8

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

Answer 8

Enter

Direct any person to:

Stop activity contributing to emergency

Leave

Refrain from entering

You may :

Requisition or

Destroy property

Secure site for 24hrs following passing of immediate danger

Question 9

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

Answer 9

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

Question 10

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?

Answer 10

-If a riot occurs,

or reasonable grounds to believe a riot may occur in any place

or 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

Question 11

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

Answer 11

• 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 offences have been committed that carry a maximum 5 years or more and risk of further offences if premises remains open.

May use reasonable force reasonably necessary to close

Question 12

S266 How long can remain closed

Answer 12

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.

Question 13

S266 Who should you seek authority from to invoke this?

Answer 13

Substantive Sgt or Above. Including Sgt at Comms centre

Question 14

What is definition of riot

Answer 14

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

Question 15

How can order under s266 be revoked

Answer 15

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

Question 16

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

Answer 16

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

Question 17

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

Answer 17

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

Question 18

How to decide the duration of the order (3)

Answer 18

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

Question 19

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

Answer 19

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.

Question 20

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

Answer 20

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

Question 21

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?

Answer 21

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

Question 22

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

Answer 22

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

Question 23

S269 what particulars are these

Answer 23

Name, Address, DOB. Can be arrested for refusing