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Waste Minimisation Act 2008

Offences and enforcement - Enforcement officer powers

79: Power to inspect property and obtain information

You could also call this:

"Enforcement officers can inspect properties to check for waste law breaches"

Illustration for Waste Minimisation Act 2008

If you are an enforcement officer, you can enter someone's land, building, or place if you think they have broken the Waste Minimisation Act or a bylaw made under section 56. You can do this at a reasonable time. You can inspect and examine their property, books, and documents, including ones on computers.

You can also ask someone to show you their books, accounts, records, or documents, and you can make copies of them. Before you enter someone's land, building, or place, you should give them notice if possible, unless this would stop you from doing your job.

Some rules from the Search and Surveillance Act 2012 also apply to you when you are doing your job, but not all of them. You should also follow what section 80 says.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1154666.

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78: Power to require certain information, or

"Enforcement officers can ask for information and you must give it to them"

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80: Consent or warrant required to inspect dwellinghouse or marae, or

"Enforcement officers need your okay or a special paper to enter your home or marae"

Part 5Offences and enforcement
Enforcement officer powers

79Power to inspect property and obtain information

  1. An enforcement officer may, if he or she believes on reasonable grounds that an offence against this Act or a bylaw made under section 56 has been or is being committed,—

  2. enter any land, building, or place at any reasonable time:
    1. inspect and examine any property and any books, accounts, records, or documents (including records or documents held in electronic or any other form):
      1. require any person to produce any books, accounts, records, or documents (including records or documents held in electronic or any other form) in that person’s possession or under that person’s control, and allow copies of or extracts from those books, accounts, records, or documents to be made or taken.

        1. Before exercising the power in subsection (1)(a), the officer must, if practicable, give reasonable notice to the occupier of the land, building, or place of the intention to exercise the power, unless the giving of notice would defeat the purpose of the entry.

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

        3. This section is subject to section 80.

        Notes
        • Section 79(2A): inserted, on , by section 306(3) of the Search and Surveillance Act 2012 (2012 No 24).