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Building Act 2004

Regulatory responsibilities and accreditation - Responsibilities of chief executive - Powers of entry and inspection for subparts 7 and 7A of Part 3 and Parts 4A and 4B

207BC: Power to enter household unit or marae

You could also call this:

“ This law explains when and how someone can legally enter your home or marae for inspection purposes. ”

You can’t enter someone’s home or marae without permission. If you want to go inside, you need to ask an adult who lives there and is at least 14 years old. You must tell them why you want to go in and let them know they can say yes or no.

If the person says yes, you can only go in and look around based on what they agreed to. You can’t do more than that.

If no one gives you permission, you need to get a special piece of paper called a warrant. This warrant lets you go inside to investigate. To get a warrant, you have to ask a person in charge, like a judge. You need to show them why it’s really important for you to go inside.

When you have a warrant, you can go into the home or marae and do what the warrant says you can do. But you still need to be respectful and only do what’s necessary for your investigation.

Remember, these rules are there to protect people’s privacy in their homes and special places like marae.

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 It might be out of date or be missing some parts.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=LMS751706.

Topics:
Housing and property > Home safety and repairs
Rights and equality > Privacy
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207BB: Powers of entry and inspection, or

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Part 3 Regulatory responsibilities and accreditation
Responsibilities of chief executive: Powers of entry and inspection for subparts 7 and 7A of Part 3 and Parts 4A and 4B

207BCPower to enter household unit or marae

  1. Despite section 207BB(2)(b), the chief executive must not exercise the power of entry to enter a household unit that is being used as a household unit or marae except—

  2. with the consent of an occupier who is at least 14 years of age; or
    1. in accordance with a warrant issued under this section.

      1. The chief executive must not enter with the occupier’s consent unless the chief executive has—

      2. told the occupier the reason for the proposed entry; and
        1. told the occupier that they may consent, or refuse to consent, to the entry.

          1. The chief executive may enter the household unit or marae, and exercise the other powers under section 207BB, only in accordance with the conditions of the occupier’s consent (if any).

          2. An issuing officer (as defined in section 3(1) of the Search and Surveillance Act 2012) may, on application, issue a warrant to enter a household unit or marae if the officer reasonably considers that entering the unit or marae is reasonably necessary for investigative purposes.

          3. 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.

          4. The warrant authorises the chief executive to enter the household unit or marae and exercise the other powers under section 207BB.

          Notes
          • Section 207BC: inserted, on , by section 55 of the Building (Building Products and Methods, Modular Components, and Other Matters) Amendment Act 2021 (2021 No 21).