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Prostitution Reform Act 2003

Commercial sexual services - Powers to enter and inspect compliance with health and safety requirements

28: Requirements when carrying out inspection

You could also call this:

"What to do when inspecting a place under the Prostitution Reform Act"

When you enter premises as an inspector under section 26, you must show some important documents. You need to produce evidence that you are a Medical Officer of Health or an inspector, proof of who you are, and a statement of your powers and why you are there. If you are entering a home with a warrant, you must also show the warrant.

If the owner is not there when you enter, you must leave a note with information like the time and date you entered, your name, and why you were there. You should also try to tell the owner in other ways. The note should include the address of the Ministry of Health office where the owner can ask questions.

If you take something during the inspection, you must leave a list of what you took or send it to the owner within 10 working days. There are rules about what happens to things that are seized, which are explained in section 199 of the Summary Proceedings Act 1957. This means that the rules for police officers also apply to inspectors in some cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197882.

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27: Entry of homes, or

"Inspectors can enter your home to check health and safety rules if you agree or they have a warrant."

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Part 2Commercial sexual services
Powers to enter and inspect compliance with health and safety requirements

28Requirements when carrying out inspection

  1. An inspector must, on entering premises under section 26 and when reasonably requested at any subsequent time, produce—

  2. evidence of his or her designation as a Medical Officer of Health or appointment as an inspector by a Medical Officer of Health; and
    1. evidence of his or her identity; and
      1. a statement of the powers conferred on the inspector by section 26 and the purpose under section 24 for which those powers may be used; and
        1. if entering a home under a warrant issued under section 27(2), that warrant.

          1. If the owner or occupier of the premises is not present at the time an inspector enters and inspects the premises, the inspector must—

          2. leave in a prominent location at those premises a written statement that includes the following information:
            1. the time and date of the entry; and
              1. the name of the person who entered the premises; and
                1. the fact that the person is an inspector; and
                  1. the reasons for the entry; and
                    1. the address of the office of the Ministry of Health to which enquiries should be made; and
                    2. take all other reasonable steps to give that information to the owner or occupier of the premises.

                      1. If any thing is seized in the course of an inspection, the inspector must leave in a prominent location at the premises, or deliver or send by registered mail to the owner or occupier within 10 working days after the entry, a written inventory of all things seized.

                      2. Section 199 of the Summary Proceedings Act 1957 applies to any thing seized in the course of an inspection (as if the inspector were a constable and with any other necessary modifications).