Biosecurity Act 1993

Administrative provisions - Appointments and delegations

105F: Auditors' duties relating to power of entry

You could also call this:

"What auditors must do when entering a business to check things"

When you are an auditor, you can enter a place of business under section 105E(5) at a reasonable time, whether it's during or outside business hours. You must identify yourself to the person in charge if they are present. If they ask, you must show them proof of who you are. You have to let the person in charge know what you are doing, especially if they are not there when you enter the place. If you take something from the place, you must make a list of what you took and where you will keep it, and make sure the person in charge gets this list.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4759073.


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Part 6Administrative provisions
Appointments and delegations

105FAuditors' duties relating to power of entry

  1. An auditor may enter a place of business under section 105E(5) within or outside business hours but only at a reasonable time.

  2. If an occupier of the place is present when the auditor enters the place, the auditor must—

  3. identify himself or herself to an occupier of the place; and
    1. if asked by an occupier to do so, produce evidence of identity.
      1. If an occupier of the place is not present at any time while the auditor is at the place, the auditor must leave a prominent notice at the place stating—

      2. the day and time when the entry was carried out; and
        1. the auditor's name and contact details.
          1. If the auditor takes a document, article, or thing from the place when the auditor leaves it, the auditor must—

          2. prepare a schedule that specifies—
            1. the document, article, or thing taken; and
              1. the place where each document, article, or thing is to be held; and
              2. ensure that an occupier of the place gets the schedule under subsection (5) or (6).
                1. If it is practicable for the auditor to prepare at the place a schedule of what the auditor takes, the auditor must prepare and leave the schedule at the place.

                2. If it is practicable for the auditor to prepare and leave a schedule of what the auditor takes but the occupier of the place consents to the auditor not doing so, or if it is not practicable for the auditor to do so, the auditor must—

                3. leave a notice stating that—
                  1. the auditor has taken a document, article, or thing; and
                    1. a schedule will be with an occupier of the place within 7 days after the date of entry; and
                    2. ensure that a schedule is with an occupier of the place within 7 days after the date of entry.
                      Notes
                      • Section 105F: inserted, on , by section 41 of the Biosecurity Law Reform Act 2012 (2012 No 73).