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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 check if you're following local rules”

If a warranted enforcement officer thinks someone might be breaking a bylaw or committing an offence against the Local Government Act 2002, they can enter land to check. They should try to tell the person living there before they enter, unless that would stop them from finding out what’s happening.

If the officer needs to enter someone’s home, they must have permission from a special official called an issuing officer. This official is mentioned in section 3 of the Search and Surveillance Act 2012. The officer also needs to have a police officer with them when they enter the home.

The rules for how this entry and search should happen are in Part 4 of the Search and Surveillance Act 2012. However, sections 118 and 119 of that Act only apply to police officers, not to the enforcement 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.

Topics:
Government and voting > Local councils
Crime and justice > Police and safety
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171: General power of entry, or

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Part 8 Regulatory, 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).