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Human Assisted Reproductive Technology Act 2004

Enforcement and miscellaneous provisions - Enforcement

69: Entry of dwellinghouses

You could also call this:

"When can someone enter your home without your permission?"

Illustration for Human Assisted Reproductive Technology Act 2004

You can't enter someone's home without their permission, except in certain situations. If you are an authorised person, you can enter a dwellinghouse with the occupier's consent or with a search warrant. A search warrant can be issued by an issuing officer if they believe a crime has been committed in the house or if there's evidence of a crime.

You need a good reason to get a search warrant, such as believing someone has broken the law in the house. The warrant lets the authorised person search the house and use certain powers, as described in section 68. When a search warrant is issued, the rules from the Search and Surveillance Act 2012 apply, except for some specific parts.

The search warrant gives the authorised person the power to do what is necessary to search the house, as long as they follow the rules. The Search and Surveillance Act 2012 has more information about how search warrants work and what rules apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM319399.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal lawHousing and property > RentingRights and equality > Privacy
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Part 4Enforcement and miscellaneous provisions
Enforcement

69Entry of dwellinghouses

  1. An authorised person may not enter a dwellinghouse under section 68(1)(a), except—

  2. with the consent of an occupier of the dwellinghouse; or
    1. with the authority of a search warrant issued under subsection (2).

      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 in subpart 3 of Part 4 of that Act, issue a search warrant in respect of a dwellinghouse if satisfied that there are reasonable grounds to believe that in that house—

      2. an offence against this Act has been or is being committed; or
        1. there is any gamete, any kind of embryo or foetus, or being that is or may be evidence of the commission of an offence against this Act.

          1. The search warrant authorises the authorised person to whom it is directed to exercise in respect of the dwellinghouse all or any of the powers described in section 68, and the provisions of that section apply to the execution of the warrant.

          2. Subject to section 72, the provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply.

          3. Repealed
          Notes
          • Section 69(2): amended, on , by section 257(4) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 69(4): replaced, on , by section 257(5) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 69(5): repealed, on , by section 257(5) of the Search and Surveillance Act 2012 (2012 No 24).