Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

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

333: Power of entry for survey

You could also call this:

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

You can enter someone’s property for surveys related to preparing, changing, or reviewing policy statements or plans. If you’re an enforcement officer with written permission from a local authority or consent authority, you can do these things:

You can do surveys, investigations, tests, or measurements. You can also take samples of water, air, soil, or plants. You can go onto the land at any reasonable time. You can bring helpers, vehicles, tools, machines, and equipment if you need them. But you can’t go into someone’s house.

Before you go onto the land, you need to tell the person living there in writing. You need to say that you’re allowed to enter their land under this law. You also need to explain why you’re going there, and when and how you’ll do it.

When you first go onto the land, or if someone asks later, you need to show them your official ID. This ID proves you’re an enforcement officer and have permission to be there.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239027.

Topics:
Environment and resources > Land use
Environment and resources > Town planning
Government and voting > Local councils
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332: Power of entry for inspection, or

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

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334: Application for warrant for entry for search, or

“A special person can give permission to look for things that might be against the law in certain places.”

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

333Power of entry for survey

  1. For any purpose connected with the preparation, change, or review of a policy statement or plan, any enforcement officer specifically authorised in writing by any local authority or consent authority to do so, may do all or any of the following:

  2. carry out surveys, investigations, tests, or measurements:
    1. take samples of any water, air, soil, or vegetation:
      1. enter or re-enter land (except a dwellinghouse),—
          1. at any reasonable time, with or without such assistance, vehicles, appliances, machinery, and equipment as is reasonably necessary for that purpose.

        1. Repealed

        2. Reasonable written notice shall be given to the occupier of land to be entered under subsection (1)—

        3. that entry on to the land is authorised under this section:
          1. of the purpose for which entry is required:
            1. how and when entry is to be made.

              1. 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.

              Notes
              • Section 333(1A): repealed, on , by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).