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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of territorial authorities - Powers of territorial authority to carry out inspections and enter land

227: District Court may authorise entry to household unit

You could also call this:

“A judge can allow an inspector to enter someone's home if it's really needed and they've tried asking nicely first.”

If an authorised officer needs to enter a household unit, they can ask the District Court for permission. The court can give this permission by making an order.

For the court to make this order, two things need to be true. First, the officer must show that entering the household is necessary for the purposes outlined in section 222. Second, the officer must have tried their best to get the occupier’s permission to enter.

When the court makes an order allowing entry, they can also set conditions that the officer must follow. These conditions can be anything the court thinks is appropriate.

You should know that the court will carefully consider whether it’s really necessary for the officer to enter before they give permission. They want to make sure your rights are protected while also allowing officers to do their job when it’s truly needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM307876.

Topics:

Housing and property > Home safety and repairs

Crime and justice > Courts and legal help

226: Restriction on entry to household unit, or

“You need special permission to enter someone's home for inspections, except in emergencies.”

228: Authorised officer must give notice to occupier of household unit, or

“ A person checking your home must tell you before they come inside ”

Part 3 Regulatory responsibilities and accreditation
Responsibilities of territorial authorities: Powers of territorial authority to carry out inspections and enter land

227District Court may authorise entry to household unit

The District Court, on the application of an authorised officer, may make an order authorising the officer to enter a household unit.
The court may make the order under subsection (1)—
only if it is satisfied that—
1. the proposed entry is necessary for the purposes of section 222; and
2. the authorised officer has taken all reasonable steps to obtain the consent of the occupier to the proposed entry; and
subject to any conditions that it thinks fit.

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Notes

Section 227(1): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).