Entering a property

Application for warrant for entry for search, and direction and execution of warrant for entry for search

Where a Dog Control Officer (DCO) has received a complaint and has reasonable grounds for believing that a nuisance is being created by the persistent and loud barking or howling of any dog, they may—

• enter at any reasonable time upon the land or premises, other than a dwellinghouse, on which the dog is kept, to inspect the conditions under which the dog is kept; and
• whether or not the DCO makes such entry, give the owner of the dog a written notice requiring that person to make such reasonable provision on the property to abate the nuisance as shall be specified in the notice or, if considered necessary, to remove the dog from the land or premises. 

Where a Notice has been issued under s55 and a DCO has received further complaint which they believe is reasonable, they may enter onto the property and remove the dog and put in custody. No entry is permitted to a dwelling/ house without a search warrant and also the presence of a constable.

A written notice must be left if the owner is not present.

Section 55

 Removal of barking dog causing distress

Procedure where order made for destruction of dog

Where the owner does not cause the dog to be destroyed forthwith, any DCO may seize and destroy the dog.

In the exercise of his or her powers above, any DCO may, at any reasonable time, enter on any land or premises, including any dwelling/ house, and remove any dog that is the subject of an order for destruction. They must be accompanied by a constable to enter a dwelling/house.

Environmental Health Officers may at all reasonable times enter any dwelling/ house, building, land, ship, or other premises and inspect the same, and may execute thereon any works authorised under or pursuant to this Act.

An inspector may at any reasonable time enter and inspect any licensed premises, or any part of any licensed premises, to ascertain whether the licensee is complying with the provisions of this Act and the conditions of the licence or if they have reasonable grounds to believe that an offence is being committed. They may also require the production of any licence, or any book, notice, record, list, or other document that is required by this Act to be kept, and examine and make copies of it; and require the licensee or manager to provide any information or assistance reasonably required by an inspector relating to any matter within the duties of the licensee or manager.

The operator of a food business must provide:

• reasonable access to places used by the operator for the business; and
• reasonable access to information relating to the business; and
• reasonable access to documents relating to the business; and
• reasonable access to food and to food-related accessories.

 Food Safety Officers (FSO) must:

• give reasonable notice unless this would defeat the purpose of the visit;
• must identify himself or herself on entry to the place and when asked at any time by any person at the place.

FSO may:

• open food-related accessories, such as containers and packages;
• identify or mark food and food-related accessories;
• ask for assistance.

Section 33H &

Section 453

Powers of entry

General power of entry

Authorises Harbourmasters and enforcement officers to enter all places in relation to their duties, does not include dwelling houses or marae.

Access permitted to detect an offence if suspected but not a dwelling/house unless in possession of a search warrant and accompanied by a constable. Must give notice if reasonable to do so and does not defeat the purpose of the visit.

Council may do anything it is authorised to do under this Act and others without giving notice if there is a sudden emergency causing or likely to cause:

• loss of life or injury to a person; or
• damage to property; or
• damage to the environment; or
• there is danger to any works or adjoining property.

May enter a place at any reasonable time for the purposes of the Act. Does not include a dwelling/house or marae unless invited in.

Explains that - authorised officer means an officer of a territorial authority to whom either or both of the following applies:

(a) he or she is authorised to carry out inspections; or
(b) he or she is authorised to enter land—
(i) by this Act; or
(ii) by an order of the District Court made under section 227

(1) An authorised officer is entitled, at all times during normal working hours or while building work is being carried out,—

(a) to inspect—
(i) land on which building work is or is proposed to be carried out; and
(ii) building work that has been or is being carried out on or off the building site; and
(iii) any building; and
(iv) any residential pool (or the immediate pool area); and

(b) to enter premises for—
(i) the purpose of inspecting the building; or
(ii) the purpose of determining whether the building is dangerous or insanitary within the meaning of subpart 6 of Part 2; or
(iii) the purpose of determining whether the building or a part of the building is earthquake prone or potentially earthquake prone, and

(c) to enter premises for the purpose of determining whether residential pools have means of restricting access.

(2) Must show your warrant on entry and when requested. 

Also explains the meaning of inspection. 

Any Enforcement Officer (EO) may, at any reasonable time,—

(a) go on, into, under, and over any premises (excluding dwellings); or

(b) with the consent of the occupier, go on, into, under, and over a dwelling— for the purpose of inspection to—

(c) monitor compliance with the conditions or controls on any new organism in any premises where a new organism approved under this Act is located; or

(d) determine the nature of any organism in the premises; or

(e) determine whether or not any person is complying with a compliance order.

(2) For the purposes of subsection (1), an enforcement officer may—

(a) take samples of water, air, soil, any substance, or any organism; and

(b) open containers or packages (including secured or sealed containers or packages) to inspect the contents; and

(c) take photographs and measurements and make sketches and recordings; and

(d) take or remove any thing for analysis or testing; and

(e) conduct examinations, tests, inquiries, demonstrations, and inspections; and

(ea) require that any place or thing specified by the EO is not disturbed for a reasonable time pending any examination, test, inquiry, demonstration, or inspection; and

(eb) require the making of statements by the person in charge of the premises, in any form or manner specified by the EO, about conditions, material, or equipment relevant to the purpose of the inspection; and

(f) require the production of any documents relevant to the purpose of the inspection; and

(g) take copies of the documents or information or extracts from those documents or information.

(3) Where any EO has taken any thing in accordance with subsection (2)(d), the enforcement officer shall give the occupier of the premises written notice of the things that have been taken, the reason for taking the things, and where the things will be kept.

(4) Within 5 working days of removing the thing the EO shall give the person in charge of the premises written notice stating—

(a) whether or not the thing will be returned or destroyed; and

(b) either—

(i) the time and date of the return of the thing to the premises; or

(ii) the results of the analysis of the thing and why it is being destroyed.

(5) Every EO exercising any of the powers conferred under this section shall, at the time of exercising that power, and thereafter on request, produce—

(a) evidence of that person’s appointment as an EO; and

(b) evidence of that person’s identity.

(6) An EO may take any person with relevant experience or expertise on to the premises to assist the officer with the inspection. 

Act

Section

Remarks

Dog Control Act 1996 

A DCO or Ranger

28(7)

Seizing dog from a disqualified owner

57(6)

In fresh pursuit of a dog involved in an attack

64(3)

Removal of a dog that is the subject of an order for destruction.

Health Act 

Authorised person - EHO

128

May enter any place including a dwelling/house to inspect.

Building Act 

Authorised person

222

To inspect building work or to determine whether the building is dangerous, insanitary or earthquake prone.

Local Government Act 2002

Authorised officer

173

In cases of emergency

Act

Section(s)

Biosecurity Act 1993

110(1), 111(1), 118(1).

Building Act 2004

133BQ,207I,207J

Dog Control Act 1996

14(1) to (3), 56(3), 57(6)(b)

Food Act 2014

294, 295, 299, 300, 308, 309, 311, 322, 326,

Hazardous Substances and New Organisms Act 1996

119(1)

Local Government Act 2002

165, 172, 173(1)

Maritime Transport Act 1994

454, 455(1)

Reserves Act 1977

95(1), 95(6), 100(1)

Resource Management Act 1991

334(1)