Court Simon; McKee NicoleSIMON COURT (ACT): Thank you Madam Chair. Minister looking at 18AA(1)(a) (b) (c)—particularly (c) provides for a constable without a warrant who has reasonable grounds to search any premises. Now thinking about the type of premises that police may be concerned with where people are possessing firearms and are the type of people that these firearms prohibition orders (FPOs) are intended to control. In the past 24 hours a judge has ordered the Head Hunters to forfeit cash and property including the Head Hunters' prized pad in Marua Rd Ellerslie in Auckland. Minister I would hope that a constable who has reasonable grounds to believe a person is subject to an FPO or who meets the test—say for example if they were visiting the Head Hunters' former pad now in Marua Rd Ellerslie or their new branch that they've opened in Glenfield on the North Shore that a constable who had reasonable grounds to believe a person is subject to an FPO made before on or after the commencement of the section may search those premises without a warrant may search any people they find there and may search anything in that person's possession or under that person's control. Because one thing I do know about these gang pads that's where they accumulate a whole lot of big flash utes; very very expensive motorcycles and parts; and that sounds just like the kind of place where people would want to secrete firearms particularly those people involved in organised crime.So I'm interested Minister would that type of premises—a known Head Hunters gang pad—would that be the kind of premise in which a constable would have reasonable grounds to go and search? And a further question Minister what would be the options available to police should they be searching the gang pad find a person there who was subject to an FPO and while searching for weapons turned up some of the other things that Head Hunters and these gang members are often known to be storing or possessing or using in the gang pad? Minister what options would be available to the police if they say were to find drug-using paraphernalia like the old glass pipe or a glass bong I think as was raised earlier in the Chamber this evening or drugs themselves Minister?I'm wondering what—firstly would that type of premises be one of the premises that a constable who had reasonable grounds would be able to search without a warrant and what options would be available to the officers should they find other contraband or other materials that people there were not lawfully entitled to possess Minister?Hon NICOLE McKEE (Associate Minister of Justice): Thank you Mr Chair. Thank you to the member for your question and I guess it's one that everybody at home really wants to know: what happens when a gang pad has been searched and if a person with the FPO happens to be there? Well that's going to be determined upon why the gang pad is being searched in the first place because there's a difference here from being searched looking for certain things and monitoring the compliance of a person with a firearms prohibition order. So if the police decide that they are going to turn up to the gang pad because there is a person with upon them in residence at that gang pad then they have the ability to go in there and to search that gang pad. Should they find firearms there then the person with the FPO placed upon them has committed an offence even if there happens to be a legitimate licensed owner also residing in that pad. Because one of the main conditions about an FPO is a person should not be anywhere near firearms including around firearms where there are legitimate owners and those firearms are not locked up or there's not been a variation to the firearms prohibition order in the first place.In answer to the second part of the member's question around what if police go in there and they find other things they find drugs they might find stolen vehicles. The reality is police do have the ability to seize such items and also consider prosecution of such items when they're carrying out that search. But what's really important is that they're not there to look for those things. They're there to monitor the compliance of the FPO that has been placed on that person and the conditions that have been placed on that person. But if they happen upon other illegally held substances as the case may be then they can seize and they can prosecute for that as well. In fact there is a process within the regime where a person with an FPO having committed further offences can have that FPO changed where it may start again—the 10 years may start again—or there could be other variants placed on that person such as not being able to reside at that certain place.So the options are there and at the end of the day I think what it's important to remember is it's not going to be New Zealand Police that place the firearms prohibition orders on individuals; they need to apply to the court and a judge will place it along with variations. I actually recall the member Arena Williams asking me what about somebody going home for example and they're around family members that have firearms. There is the ability for a variation to be made in the firearms prohibition orders so that say anybody that has one—maybe it's a gang member—who needs to attend a tangi of a loved one or a close one they can actually apply to the court for a variation. So they can spend up to two days in a residence—it could be a family member who has a firearms licence—who as long as they adhere to the conditions such as the securing of their firearms that person may be able to attend at that house for two days as well as overnight if need be so that we do ensure that families are not pulled apart by the regime but there is the ability to ensure that they don't have easy access to firearms as well.