Hazardous substances and New Organisms, Alcohol Flashcards

1
Q

List the six descriptors for “Hazardous”

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”

A

1: Not in NZ prior to July 1998 2: Risk species or variety 3: No approval given for species or organism 4: GM organism 5: Eradicated

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3
Q

Describe “emergency” in context of this Act

A

1: Actual or Imminent danger involving 2: Human Health; safety or environment 3: Arising from substance or organism 4: immediate action required.

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4
Q

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

A

Fire and Emergency Civil Defence Biosecurity

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5
Q

What are the powers under the declaration of a Hazardous substances emergency

A

Enter Remove cause Stabilise situation Protect persons/environment.

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6
Q

What three things must you state on declaring an emergency?

A

Your name and title Authority to exercise power Nature of Emergency

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7
Q

How long does the 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)

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8
Q

s137 grants specific powers under the act, what are they?

A

Enter Direct any person to: Stop Leave Refrain You may : Requisition or destroy property Secure site.

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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

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? (6)

A

-If a riot occurs, or reasonable grounds to believe a riot may occur in any place or My use force reasonably necessary to close

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11
Q

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

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

S265 Who should authority to invoke this come from

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 considerations 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

What should take consideration of (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

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

22
Q

S269 what particulars are these

A

Name, Address, DOB. Can be arrested for refusing