Part 3 s 45 Crimes Act 1961 Version as at 6 November 2021 danger which he or she believes, on reasonable and probable grounds, is to be apprehended from the continuance of the riot. Compare: 1908 No 32 s 68 Section 44: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). 45 Suppression of riot by persons acting under lawful orders (1) Every one, whether a member of the New Zealand forces or not, acting in good faith in obedience to orders for the suppression of any riot given by the senior constable for the time being acting at the place of the riot is justified in obeying the orders so given, unless those orders are manifestly unlawful; and is protec‐ ted from criminal responsibility for using such force as he or she believes, on reasonable and probable grounds, to be necessary for carrying those orders into effect. (2) It is a question of law whether any particular order is manifestly unlawful or not. Compare: 1908 No 32 s 69 Section 45(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72). 46 Suppression of riot by persons without orders Every one, whether a member of the New Zealand forces or not, who believes, in good faith and on reasonable and probable grounds, that serious mischief will arise from a riot before there is time to procure the intervention of the Police, is justified in using such force as he or she believes, in good faith and on reasonable and probable grounds, to be necessary to suppress the riot, not being disproportionate to the danger which he or she believes, on reasonable grounds, is to be apprehended from the continuance of the riot. Compare: 1908 No 32 s 70 47 Protection of members of New Zealand forces (1) Every one bound as a member of the New Zealand forces to obey the lawful command of his or her superior officer is justified in obeying any command given him or her by any such officer for the suppression of a riot, unless the command is manifestly unlawful. (2) It is a question of law whether any particular command is manifestly unlawful or not. Compare: 1908 No 32 s 71 48