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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Powers of entry and search

332: Power of entry for inspection

You could also call this:

“Officials can enter and check places to make sure people are following the rules about taking care of the environment.”

You can expect enforcement officers to visit places or structures to check if rules are being followed. These officers are given special permission by local authorities, consent authorities, or the EPA. They can come at reasonable times to any place except your home.

When they visit, they’re checking if people are following the Resource Management Act, its regulations, plan rules, resource consents, and specific sections of the law. They also check if people are following enforcement orders, interim enforcement orders, abatement notices, and water shortage directions.

These officers can take samples of water, air, soil, or organic matter. If they think something might be polluting these, they can take samples of that too.

When an enforcement officer comes to inspect, they must show you their official ID and written permission. If you’re not there when they visit, they’ll leave a note saying when they came and who they are.

Enforcement officers can’t go onto land that other laws say they can’t enter without the landowner’s permission. They can bring help if they need it to do their job.

Remember, these officers are just doing their job to make sure everyone follows the rules that protect our environment.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239020.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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331F: Repeal of this section and sections 331A to 331E, or

“This part of the law will be removed from the rules about emergency activities for rural people on 1 April 2024.”

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333: Power of entry for survey, or

“Officials can enter land to gather information for planning, but they must give notice first.”

Part 12 Declarations, enforcement, and ancillary powers
Powers of entry and search

332Power of entry for inspection

  1. Any enforcement officer, specifically authorised in writing by any local authority, consent authority, or by the EPA to do so, may at all reasonable times go on, into, under, or over any place or structure, except a dwellinghouse, for the purpose of inspection to determine whether or not—

  2. this Act, any regulations, a rule of a plan, a resource consent, section 10 (certain existing uses protected), or section 10A (certain existing activities allowed), or section 20A (certain lawful existing activities allowed) is being complied with; or
    1. an enforcement order, interim enforcement order, abatement notice, or water shortage direction is being complied with; or
      1. any person is contravening a rule in a proposed plan in a manner prohibited by any of sections 9, 12(3), 14(1), 15(2), and 15(2A).

          1. For the purposes of subsection (1), an enforcement officer may take samples of water, air, soil, or organic matter.

          2. Where a sample is taken under subsection (2), an enforcement officer may also take a sample of any substance that the enforcement officer has reasonable cause to suspect is a contaminant of any water, air, soil, or organic matter.

          3. Every enforcement officer who exercises any power of entry under this section shall produce for inspection his or her warrant of appointment and written authorisation upon initial entry and in response to any later reasonable request.

          4. If the owner or occupier of a place subject to inspection is not present at the time of the inspection, the enforcement officer shall leave in a prominent position at the place or attached to the structure, a written notice showing the date and time of the inspection and the name of the officer carrying out the inspection.

          5. An enforcement officer may not enter, unless the permission of the landowner is obtained, any land which any other Act states may not be entered without that permission.

          6. Any enforcement officer exercising any power under this section may use such assistance as is reasonably necessary.

          Notes
          • Section 332(1): amended, on , by section 90 of the Resource Management Amendment Act 2020 (2020 No 30).
          • Section 332(1)(a): amended, on , by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).
          • Section 332(1)(a): amended, on , by section 153(1) of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 332(1)(c): amended, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
          • Section 332(1)(c): amended, on , by section 137 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).
          • Section 332(1)(d): repealed, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).
          • Section 332(2): amended, on , by section 153(2) of the Resource Management Amendment Act 1993 (1993 No 65).
          • Section 332(2A): inserted, on , by section 153(3) of the Resource Management Amendment Act 1993 (1993 No 65).