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Biosecurity Act 1993

Administrative provisions - Administrative powers

110: Warrant to inspect dwellinghouse, marae, etc

You could also call this:

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

A special officer can give a warrant to let inspectors or authorised people enter and inspect a house, marae, or building. This can happen if the officer thinks there might be pests, unwanted organisms, or restricted goods on the property. The warrant lets inspectors enter the property once within 14 days.

The officer will only give a warrant if they think there is a good reason to believe something is wrong. This could be because of pests, unwanted organisms, or restricted goods on the property, or because someone is doing something they are not allowed to do under the Biosecurity Act. The warrant can have conditions or be unconditional.

When a warrant is given, it lets all inspectors and authorised people enter and inspect the property. The rules from the Search and Surveillance Act 2012 apply to this warrant.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316094.

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

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Part 6Administrative provisions
Administrative powers

110Warrant to inspect dwellinghouse, marae, etc

  1. An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, on an application made in the manner provided by subpart 3 of Part 4 of that Act by an inspector or authorised person, issue a warrant authorising every inspector and authorised person to enter and inspect the dwellinghouse, marae, or building associated with a marae specified in the application.

  2. Such a warrant may be issued only if the issuing officer is satisfied that there is reasonable ground for believing that—

  3. there is, on or in the place (being a dwellinghouse, marae, or building associated with a marae) specified in the application, any pest, pest agent, unwanted organism, unauthorised goods, or risk goods; or
    1. an activity that is regulated by or under the Act is being carried out on or in the place (being a dwellinghouse, marae, or building associated with a marae) specified in the application.

      1. Such a warrant—

      2. authorises every inspector and authorised person to enter and inspect the place concerned on 1 occasion within 14 days of the issue of the warrant; and
        1. may be unconditional or subject to conditions.

          1. The provisions of subparts 1, 3, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply.

          Notes
          • Section 110: replaced, on , by section 17 of the Biosecurity Amendment Act 2003 (2003 No 38).
          • Section 110(1): replaced, on , by section 203(2) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 110(1): amended, on , by section 5(1) of the Biosecurity Amendment Act 2015 (2015 No 8).
          • Section 110(2): amended, on , by section 203(3) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 110(3)(a): amended, on , by section 5(2) of the Biosecurity Amendment Act 2015 (2015 No 8).
          • Section 110(4): inserted, on , by section 203(4) of the Search and Surveillance Act 2012 (2012 No 24).