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Electricity Act 1992

Disciplinary provisions - Investigations

147C: Restriction on entry to dwellinghouse

You could also call this:

“You need permission to enter someone's home when checking electricity issues”

You need permission to enter someone’s home if you’re investigating something related to electricity. This is different from other places an investigator can enter without asking. To go into a home, the investigator needs either the person living there to say it’s okay, or they need to get a special paper from a judge.

If the person living in the house doesn’t let the investigator in, the investigator can ask a judge for permission. The judge will only say yes if the investigator can show that going into the house is really important for their job, and that they’ve already tried hard to get the person’s permission.

If the judge does give permission, they might add some rules about how the investigator can go into the house. The judge writes all of this down in a paper called a warrant.

There’s a rule in another part of the law that doesn’t apply here. This means that for this specific situation, the investigator needs to follow these special rules about entering homes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2860166.

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147B: Duties of investigator supplied with warrant of authority, or

"What an investigator must do with their special permission paper"

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147D: Investigator must give notice to occupier of dwellinghouse, or

"Investigator must tell you before entering your home for an investigation"

Part 11 Disciplinary provisions
Investigations

147CRestriction on entry to dwellinghouse

  1. Despite section 147, an investigator may not enter a dwellinghouse without—

  2. the consent of the occupier of the dwellinghouse; or
    1. a warrant issued under subsection (2).

      1. A District Court Judge, on the written application of the investigator, may, by warrant, authorise the investigator to enter a dwellinghouse.

      2. The District Court Judge may authorise the investigator to enter a dwellinghouse under subsection (2)—

      3. only if the Judge is satisfied that—
        1. the proposed entry is necessary for the purposes of section 147; and
          1. the investigator has taken all reasonable steps to obtain the consent of the occupier to the proposed entry; and
          2. subject to any conditions that the Judge thinks fit.

            1. Section 159(1)(e) does not apply in relation to the powers referred to in section 147(1)(a).

            Notes
            • Section 147C: inserted, on , by section 13 of the Electricity Amendment Act 2006 (2006 No 70).