Plain language law

New Zealand law explained for everyone

Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of chief executive - Powers of chief executive to investigate building failures

207I: Power to enter household unit

You could also call this:

“The chief executive can only go into someone's home with permission or a special paper from a judge.”

If you want to enter someone’s home to investigate a building failure, you need to follow special rules. You can’t just go in without permission, even if you have the power to enter other buildings.

You need to get permission from someone who lives there and is at least 14 years old. Before they say yes, you must tell them why you want to go in and that they can say no if they want to.

If they say yes, you can only go in and look around in the way they’ve agreed to. You can’t do anything they haven’t allowed.

If no one gives you permission, you need to get a warrant. A warrant is like a special pass that lets you enter. To get one, you have to ask an issuing officer. This officer will only give you a warrant if they think there’s evidence in the home that could help explain why the building failed.

To ask for a warrant, you need to follow the rules in subpart 3 of Part 4 of the Search and Surveillance Act 2012. Once you have the warrant, you can go into the home and investigate.

Remember, these rules are different from the ones in section 207H. That section doesn’t let you enter homes that people are living in without following these special steps.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS299297.

Topics:

Housing and property > Home safety and repairs

Crime and justice > Police and safety

207H: Power to enter investigation site, or

“The chief executive can go into a building that failed to look for clues about why it happened, but they need to tell the owners and show proper ID.”

207J: Power to inspect and take samples and evidence, or

“The boss of building safety can look around and take things to find out why a building broke”

Part 3 Regulatory responsibilities and accreditation
Responsibilities of chief executive: Powers of chief executive to investigate building failures

207IPower to enter household unit

Despite section 207H, a person must not exercise the power of entry to enter a household unit that is being used as a household unit except—
with the consent of an occupier who is at least 14 years of age; or
in accordance with a warrant issued under this section.

The person must not enter with the occupier’s consent unless the person has—
told the occupier the reason for the proposed entry; and
told the occupier that the occupier may consent, or refuse to consent, to the entry.

The chief executive may enter the household unit, and exercise the other powers of investigation, only in accordance with the conditions of the occupier’s consent (if any).
An issuing officer may, on application, issue a warrant to enter a household unit if the officer reasonably considers that the household unit contains evidence that may help determine the circumstances or causes of the building failure.
The chief executive must apply for the warrant in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, which applies with any necessary modifications.
The warrant authorises the chief executive to enter the household unit and exercise the other powers of investigation.

Notes

Section 207I: inserted, on 17 December 2019, by section 20 of the Building Amendment Act 2019 (2019 No 27).