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Health and Safety at Work Act 2015

Enforcement and other matters - Inspectors and health and safety medical practitioners - Inspectors

173: Power of regulator to authorise making of applications for search warrants

You could also call this:

“Regulator can allow people to apply for search warrants for health and safety checks”

The regulator can allow a specific person to search a place, vehicle, or thing if they think someone might be breaking health and safety rules. This can happen if there’s a good reason to suspect someone is breaking the rules and they believe the search will find evidence.

The person allowed to search can do so if the owner agrees or if they get a special permission called a search warrant. A judge or similar person can give a search warrant if they agree there’s a good reason to suspect someone is breaking the rules and that the search will find evidence.

A “specific person” who can do the search could be an inspector, someone who works for the regulator, or another person who is properly trained. A police officer can also ask for a search warrant without the regulator’s permission.

When doing these searches, they need to follow certain rules from the Search and Surveillance Act 2012. These rules help make sure the searches are done fairly and properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977158.

Topics:
Work and jobs > Workplace safety
Crime and justice > Police and safety
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172: Power to take samples and other objects and things, or

“Inspectors can collect workplace samples and objects for safety checks”

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174: Continuation of powers of entry and inspection without search warrants, or

“Inspectors can continue entry and inspection if they find evidence of non-compliance”

Part 4 Enforcement and other matters
Inspectors and health and safety medical practitioners: Inspectors

173Power of regulator to authorise making of applications for search warrants

  1. A regulator may authorise a specified person to enter and search a place, vehicle, or other thing for the purpose of ascertaining whether a person has engaged in or is engaging in conduct that contravenes or may contravene relevant health and safety legislation if the regulator is satisfied that there are reasonable grounds—

  2. to suspect that person has engaged in or is engaging in conduct that constitutes or may constitute such a contravention; and
    1. to believe that the search will find evidential material in or on any part of the place, vehicle, or thing.

      1. A specified person authorised under subsection (1) may enter and search the place, vehicle, or other thing if—

      2. the occupier of the place, or the person in charge of the vehicle or thing, (as the case may be) consents; or
        1. the specified person obtains a warrant under subsection (3).

          1. An issuing officer may issue a search warrant in relation to a place, vehicle, or thing, on an application made in the manner provided by subpart 3 of Part 4 of the Search and Surveillance Act 2012 by a specified person authorised under subsection (1), if the issuing officer is satisfied that there are reasonable grounds—

          2. to suspect that a person has engaged in or is engaging in conduct that contravenes or may contravene any provision of relevant health and safety legislation; and
            1. to believe that the search will find evidential material in or on any part of the place, vehicle, or thing.

              1. In this section, specified person means—

              2. an inspector; or
                1. an employee of the regulator; or
                  1. any other person who, the regulator is satisfied,—
                    1. is suitably qualified and trained:
                      1. belongs to a class of persons who are suitably qualified and trained to act under this section.

                      2. Despite subsection (4), a constable may apply for a warrant to be issued under subsection (3) without an authorisation from a regulator under subsection (1).

                      3. The provisions of subpart 2 of Part 3 and Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply, with any necessary modifications.

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