Plumbers, Gasfitters, and Drainlayers Act 2006

Discipline and offences - Discipline - Investigations

96: Restriction on entry to dwellinghouse

You could also call this:

"Entering a Home: You Need Permission"

Illustration for Plumbers, Gasfitters, and Drainlayers Act 2006

You can't enter a dwellinghouse without permission. You need the occupier's consent or a warrant to enter. A District Court Judge can issue a warrant if needed. You can get a warrant if the Judge is satisfied that entering is necessary. The Judge must also be satisfied that you tried to get the occupier's consent. The Judge can add conditions to the warrant. A warrant lets you enter a dwellinghouse to do your job. You must follow the conditions of the warrant when you enter. The warrant is issued under section 93 for a good reason.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM397194.


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95: Duties of investigator supplied with warrant of authority, or

"What investigators must do when they have a special warrant to investigate"


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97: Investigator must give notice to occupier of dwellinghouse, or

"Investigator must tell homeowner before entering"

Part 3Discipline and offences
Discipline: Investigations

96Restriction on entry to dwellinghouse

  1. Despite section 93, an investigator may not enter a dwellinghouse without—

  2. the consent of the occupier of the dwellinghouse; or
    1. a warrant issued under subsection (2).
      1. A District Court Judge, on the written application of the investigator, may, by warrant, authorise the investigator to enter a dwellinghouse.

      2. The District Court Judge may authorise the investigator to enter a dwellinghouse under subsection (2)—

      3. only if the Judge is satisfied that—
        1. the proposed entry is necessary for the purposes of section 93; and
          1. the investigator has taken all reasonable steps to obtain the consent of the occupier to the proposed entry; and
          2. subject to any conditions that the Judge thinks fit.