Biosecurity Act 1993

Administrative provisions - Administrative powers

112: Duties on exercising power of entry

You could also call this:

"What to do when officials enter private places like homes or marae"

When you are an inspector, authorised person, or constable, you have the power to enter certain places. You must carry evidence of who you are and what you do. If you enter a home, marae, or building associated with a marae, you must also carry a warrant or a copy of the warrant.

You must show these documents to the person in charge of the place you enter. If no one is in charge, you must leave a written notice when you leave. This notice must say when and why you entered, who you are, and what you did while you were there.

If you enter a marae or a building associated with a marae, you must respect the kawa of the marae. You can find more information about your powers of entry in sections 30A, 109, 111, or 126.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316304.


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Part 6Administrative provisions
Administrative powers

112Duties on exercising power of entry

  1. An inspector, authorised person, or constable, exercising a power of entry conferred by sections 30A, 109, 111, or 126

  2. must have with him or her—
    1. evidence of his or her identity and appointment as an inspector, authorised person, or constable; and
      1. in the case of entry under section 109 to a place that is a dwellinghouse, a marae, or a building associated with a marae, the warrant or copy of the warrant under section 110 or in the case of entry under section 111, the warrant or copy of the warrant authorising the entry; and
      2. must produce them to any person appearing to be in charge of the place entered—
        1. on entering the place (if such a person is then present); and
          1. at any reasonable time thereafter, if asked to do so by the person; and
          2. if there is no person appearing to be in charge of the place at any time between the time of entry and the time the inspector, authorised person, or constable leaves the place, must, as soon as is practicable upon leaving the place, give an occupier or person in charge of the place written notice stating that the place has been entered, and specifying the following matters:
            1. the time and date of entry:
              1. the circumstances and purpose of entry:
                1. the name, office or position, and employer of every person entering:
                  1. if entry was under warrant, the principal contents of the warrant:
                    1. every thing that has been seized, or that nothing has been seized, and every action taken, or that no action has been taken.
                    2. An inspector, authorised person, or constable exercising a power of entry conferred by sections 30A, 109, 111, or 126 in relation to a marae or a building associated with a marae must have regard to the kawa of the marae.

                    Notes
                    • Section 112: replaced, on , by section 76 of the Biosecurity Amendment Act 1997 (1997 No 89).
                    • Section 112(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                    • Section 112(1)(a)(i): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                    • Section 112(1)(a)(ii): amended, on , by section 203(7) of the Search and Surveillance Act 2012 (2012 No 24).
                    • Section 112(1)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                    • Section 112(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).