80Consent or warrant required to inspect dwellinghouse or marae

1. An enforcement officer may not exercise the power of entry under section 79(1)(a) in relation to a dwellinghouse or marae—

2. except with the consent of the occupier of the dwellinghouse or marae; or
3. unless—
   1. authorised to do so by a warrant issued under subsection (2); and
   2. when exercising the power, the enforcement officer is accompanied by a constable.

4. An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, on the application of an enforcement officer made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of that Act, issue a warrant authorising the enforcement officer to enter the dwellinghouse or marae specified in the application.

5. The issuing officer may issue a warrant under subsection (2)—

6. only if he or she is satisfied that—
   1. the proposed entry is necessary for the purposes of section 79(1)(a); and
   2. the enforcement officer has taken all reasonable steps to obtain the consent of the occupier to the proposed entry.

8. The provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply as if a warrant issued under subsection (2) were a search warrant.

9. In this section,—

   dwellinghouse—

   1. means any building or any part of a building to the extent that it is occupied as a residence; and
   2. in relation to a homeworker who works in a building that is not wholly occupied as a residence, excludes any part of the building not occupied as a residence

   marae includes—

   1. the buildings associated with a marae, for example, the wharenui (meeting house), the wharekai (dining room), and ablution blocks; and
   2. the land on which the buildings are situated.