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Weights and Measures Act 1987

Administration - Appointment and powers of Inspectors

28: Powers of Inspectors

You could also call this:

“Inspectors can check shops and vehicles to make sure weights and measures are fair”

You have special people called Inspectors who can check if everyone is following the rules about weights and measures. These Inspectors can do many things to make sure businesses are being fair when they sell things.

Inspectors can go into shops and other places where things are sold. They can also stop vehicles that might be carrying weights, measures, or items for sale. They can ask to see the items being sold and the tools used to weigh or measure them.

Inspectors can test the weights and measures used in shops. They can put special marks on these tools to show they’re correct. They can also give out certificates to say the tools are accurate.

If an Inspector needs to, they can weigh, measure, or count the things being sold. They can also ask to see any papers about the items or the weighing tools.

Inspectors can’t go into someone’s home without permission, unless they have a special paper called a warrant. This warrant lasts for one month.

If an Inspector finds weights, measures, or items that don’t follow the rules, they can take them away. They have to be careful not to damage things when they’re checking them.

There are some other rules about how Inspectors do their job, which are written in another law called the Search and Surveillance Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM102900.

Topics:
Money and consumer rights > Consumer protection Business > Industry rules Business > Fair trading
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Part 5 Administration
Appointment and powers of Inspectors

28Powers of Inspectors

  1. Subject to subsections (2) and (3), any Inspector, accompanied if that Inspector thinks fit by a constable, may, for the purposes of ensuring compliance with this Act and with any regulations made under this Act, at all reasonable times,—

  2. enter any place, premises, or building in which that Inspector has reasonable cause to believe—
    1. weights, measures, or weighing or measuring instruments are used for trade; or
      1. goods are kept, displayed, or available for sale:
      2. stop any vehicle in which that Inspector has reasonable cause to believe—
        1. weights, measures, or weighing or measuring instruments are used for trade or are carried for use for trade; or
          1. goods are carried for delivery pursuant to or in connection with a contract of sale:
          2. require any person to make available for inspection by an Inspector any goods for sale in that person's possession:
            1. require any person to make available for inspection by an Inspector any weights, measures, or weighing or measuring instruments in that person's possession for use in connection with the sale of goods:
              1. examine and test any weights, measures, and weighing or measuring instruments used for trade:
                1. stamp any weight, measure, or weighing or measuring instrument used for trade with a mark of verification or a mark of obliteration:
                  1. issue a certificate of accuracy in respect of any weight, measure, or weighing or measuring instrument, or cancel any such certificate:
                    1. examine, weigh, measure, or count, or cause to be weighed, measured, or counted, any goods kept, displayed, offered, or exposed for sale:
                      1. require the production for examination by that Inspector, and take copies of, any book, record, contract, invoice, note, or other document in the possession of any person relating to—
                        1. any goods sold, or currently kept, displayed, offered, or exposed for sale; or
                          1. any weights, measures, or weighing or measuring instruments used for trade:
                          2. require any person by whom any goods are carried for delivery pursuant to or in connection with a contract of sale to state the name and address of—
                            1. that person; and
                              1. that person's employer (if any); and
                                1. the owner of the goods, if known.

                                2. An Inspector shall not enter any dwellinghouse for the purpose of exercising any of the powers conferred under subsection (1) except—

                                3. with the consent of the occupier of that dwellinghouse; or
                                  1. pursuant to a warrant issued in accordance with subsection (3).

                                    1. An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012, is satisfied that there is reasonable ground for believing that it is necessary for the purpose of exercising the powers conferred under subsection (1) that an Inspector enter a dwellinghouse, may issue a warrant authorising an Inspector to enter that dwellinghouse for the purpose of exercising those powers.

                                    2. Every warrant shall continue in force for 1 month from the date on which it was issued or until the purpose for which it was granted has been satisfied, whichever occurs first.

                                    3. If, in any case, it is not practicable to examine, weigh, measure, or count, or cause to be weighed, measured, or counted, any goods referred to in subsection (1) without damaging those goods or any package or container in which those goods are kept, the Inspector may retain those goods on payment to the owner or person having custody of them of the normal selling price of those goods.

                                    4. An Inspector may seize and detain—

                                    5. any weight or measure that does not comply with or is used in contravention of this Act or any regulations made under this Act; or
                                      1. any weighing or measuring instrument that does not comply with or is used in contravention of this Act or any regulations made under this Act, or any part of any such instrument the removal of which makes that instrument inoperative; or
                                        1. any goods referred to in subsection (1)(a), (b), (c), or (g) where the Inspector is satisfied on reasonable grounds that an offence against this Act or any regulations made under this Act has been committed.

                                          1. The provisions of subparts 1, 3, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply.

                                          Compare
                                          • 1925 No 26 s 4
                                          Notes
                                          • Section 28(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                                          • Section 28(1)(fa): inserted, on , by section 11 of the Weights and Measures Amendment Act 1991 (1991 No 9).
                                          • Section 28(1)(h)(i): replaced, on , by section 138 of the Regulatory Systems (Economic Development) Amendment Act 2019 (2019 No 62).
                                          • Section 28(3): amended, on , by section 322(2)(a) of the Search and Surveillance Act 2012 (2012 No 24).
                                          • Section 28(3): amended, on , by section 322(2)(b) of the Search and Surveillance Act 2012 (2012 No 24).
                                          • Section 28(7): inserted, on , by section 322(3) of the Search and Surveillance Act 2012 (2012 No 24).