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Biosecurity Act 1993

Administrative provisions - Administrative powers

109: Power of inspection

You could also call this:

"Inspectors can enter places to check for pests or ensure people follow biosecurity rules"

An inspector can enter and inspect a place to check for pests, unwanted organisms, or unauthorised goods. They can do this at any reasonable time. They can also enter a place to stop the spread of pests or unwanted organisms. You should know that inspectors can enter a place to check if people are following biosecurity law.

Inspectors usually need your permission to enter your home, a marae, or a building associated with a marae. If you do not give them permission, they need a warrant to enter, which they can get under section 110.

If an inspector has a warrant with conditions, they must follow those conditions when entering a place. They must also follow any other conditions of the warrant. An inspector can use reasonable force to enter a place or to break open something, but only if it is necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316083.

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108: Power to search people, or

"Police can search you if they think you have forbidden goods that might harm the environment."

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110: Warrant to inspect dwellinghouse, marae, etc, or

"Inspecting homes and buildings for biosecurity risks with a special warrant"

Part 6Administrative provisions
Administrative powers

109Power of inspection

  1. Subject to subsections (2) and (3),—

  2. an inspector may, at any reasonable time or times, enter and inspect any place for the purpose of confirming the presence, former presence, or absence of—
    1. any pest, pest agent, or unwanted organism; or
      1. any unauthorised goods; or
        1. any risk goods:
          2. an inspector or authorised person may, at any reasonable time or times, enter and inspect any place for the purpose of—
            1. confirming the presence, former presence, or absence, of any pest, pest agent, or unwanted organism; or
              1. eradicating or managing any pest, pest agent, or unwanted organism:
              2. an inspector or authorised person may, at any reasonable time or times, enter and inspect any place for the purpose of determining whether or not any person is complying with biosecurity law.

                1. An inspector or authorised person shall not enter and inspect a dwellinghouse, a marae, or a building associated with a marae, under subsection (1), except with—

                2. the consent of an occupier; or
                  1. a warrant issued under section 110.

                    1. Where a warrant under section 110 has been issued to an inspector or authorised person subject to conditions, the inspector or authorised person—

                    2. shall not enter the dwellinghouse, marae, or building associated with a marae, specified in the warrant otherwise than in accordance with the conditions; and
                      1. shall in all other respects comply with the conditions.

                        1. Subject to subsection (3), an inspector or authorised person exercising the powers of entry and inspection conferred by subsection (1)(a) and (b) may use such force in going on, into, or under, the place concerned (whether by breaking down a door or otherwise), or in breaking open anything in the place, as is reasonable in the circumstances.

                        Notes
                        • Section 109(1)(a): amended, on , by section 73(a) of the Biosecurity Amendment Act 1997 (1997 No 89).
                        • Section 109(1)(a): amended, on , by section 73(b) of the Biosecurity Amendment Act 1997 (1997 No 89).
                        • Section 109(1)(a)(iii): replaced, on , by section 73(c) of the Biosecurity Amendment Act 1997 (1997 No 89).
                        • Section 109(1)(a)(iv): repealed, on , by section 73(c) of the Biosecurity Amendment Act 1997 (1997 No 89).
                        • Section 109(1)(b): amended, on , by section 73(a) of the Biosecurity Amendment Act 1997 (1997 No 89).
                        • Section 109(1)(b): amended, on , by section 73(d) of the Biosecurity Amendment Act 1997 (1997 No 89).
                        • Section 109(1)(b)(ii): amended, on , by section 44(1) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                        • Section 109(1)(c): inserted, on , by section 16(1) of the Biosecurity Amendment Act 2003 (2003 No 38).
                        • Section 109(1)(c): amended, on , by section 44(2) of the Biosecurity Law Reform Act 2012 (2012 No 73).
                        • Section 109(2): amended, on , by section 73(a) of the Biosecurity Amendment Act 1997 (1997 No 89).
                        • Section 109(2)(b): amended, on , by section 73(e) of the Biosecurity Amendment Act 1997 (1997 No 89).
                        • Section 109(3): amended, on , by section 73(f) of the Biosecurity Amendment Act 1997 (1997 No 89).
                        • Section 109(4): amended, on , by section 16(2) of the Biosecurity Amendment Act 2003 (2003 No 38).
                        • Section 109(4): amended, on , by section 73(g) of the Biosecurity Amendment Act 1997 (1997 No 89).