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Maritime Transport Act 1994

Miscellaneous provisions applying to this Act generally - Powers of entry

453: General power of entry

You could also call this:

"People with permission can enter ships or buildings to check if the law is being followed"

If you are authorised by the Director, you can go on board a ship or enter a building to do your job under the Maritime Transport Act 1994. You can do this at a reasonable time to carry out your functions, duties, or powers.

You can also go on board a ship or enter a building if you think a breach of the Act is happening, a condition is not being met, or there is a danger to people or the environment.

But if you want to enter a dwellinghouse, a marae, or a building associated with a marae, you need the occupier's consent or a warrant issued under section 454.

If you have a warrant with conditions, you must follow those conditions when entering the place. You can use reasonable force to enter the place or break open something, but you must follow the conditions of your 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=DLM338876.

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

"Getting a warrant to enter a house or marae for inspection"

Part 30Miscellaneous provisions applying to this Act generally
Powers of entry

453General power of entry

  1. Subject to subsections (3) and (4), every person duly authorised by the Director may, at any reasonable time or times, go on board any ship or enter any building or place for the purpose of carrying out his or her functions, duties, or powers under this Act or any regulations or rules made under this Act.

  2. Subject to subsections (3) and (4), but without limiting the power conferred by subsection (1), every person duly authorised by the Director who has reasonable grounds to believe that—

  3. any breach of this Act or of any regulations or rules made under this Act is being or about to be committed; or
    1. a condition imposed under any maritime document or marine protection document is not being complied with; or
      1. a situation exists within the maritime system or is about to exist that constitutes a danger to persons or property or a threat to the marine environment—
          1. may at any reasonable time go on board any ship, or enter any building or place, and carry out an inspection to determine whether or not a matter referred to in paragraphs (a) to (c) exists.

        1. No such duly authorised person shall enter 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 454.

            1. Where a warrant under section 454 has been issued to a duly authorised person subject to conditions, the duly 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 (4), a duly authorised person exercising the powers of inspection conferred by subsection (1) 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.

                Compare
                Notes
                • Section 453(5): amended, on , by section 279(1) of the Search and Surveillance Act 2012 (2012 No 24).