Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Enforcement powers - Powers of entry

172: Power of entry for enforcement purposes

You could also call this:

"Enforcement officers can enter private land with a warrant to check for bylaw or rule breaches."

If you are an enforcement officer with a warrant, you can enter someone's land to check if they are breaking a bylaw or a rule in the Local Government Act 2002. You must have a good reason to think someone is breaking a rule. Before you enter the land, you should tell the person who lives or works there that you are coming, unless that would stop you from finding out what you need to know. You can find more information about how to get a warrant in section 3 of the Search and Surveillance Act 2012 and subpart 3 of Part 4 of that Act. If you want to enter someone's home, you need a special warrant from an issuing officer, and you must be with a police officer. Some rules from the Search and Surveillance Act 2012 also apply when you are entering someone's land, but sections 118 and 119 of that Act only apply to police officers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173447.


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171: General power of entry, or

"Local councils can go into places to do their job, but they must tell the owner first"


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173: Power of entry in cases of emergency, or

"Local authorities can enter your property without notice in emergencies to protect people, property, or the environment."

Part 8Regulatory, enforcement, and coercive powers of local authorities
Enforcement powers: Powers of entry

172Power of entry for enforcement purposes

  1. A warranted enforcement officer may enter land for the purpose of detecting a breach of a bylaw or the commission of an offence against this Act if the officer has reasonable grounds for suspecting that a breach of the bylaw or the commission of the offence has occurred or is occurring on the land.

  2. Before exercising the power in subsection (1), the officer must, if practicable, give reasonable notice to the occupier of the land of the intention to exercise the power, unless the giving of notice would defeat the purpose of entry.

  3. The power in subsection (1) to enter a dwellinghouse must not be exercised unless—

  4. the entry is authorised by a warrant given by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) on application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of that Act; and
    1. when exercising the power, the enforcement officer is accompanied by a constable.
      1. Subject to subsections (3)(b) and (5), the provisions of Part 4 of the Search and Surveillance Act 2012 apply.

      2. Despite subsection (4), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

      Notes
      • Section 172(3)(a): amended, on , by section 271(5) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 172(3)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
      • Section 172(4): replaced, on , by section 271(6) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 172(5): inserted, on , by section 271(6) of the Search and Surveillance Act 2012 (2012 No 24).