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Local Government (Water Services) Act 2025

Miscellaneous provisions - Compliance and enforcement - Power to obtain information

289: Power to enter place with consent or search warrant

You could also call this:

"Council or water organisation staff can search a place with your permission or a special search warrant."

Illustration for Local Government (Water Services) Act 2025

The chief executive of your local council or water organisation can let someone search a place, vehicle, or thing to check if someone is breaking the rules. They must have good reasons to think someone is breaking the rules and that they will find evidence. You can think of a compliance requirement like a rule that people must follow.

If you say it is okay, a person can enter and search a place, vehicle, or thing. They can also get a special paper called a warrant to do the search. To get a warrant, they must follow the rules set out in the Search and Surveillance Act 2012.

A warrant is like a special permission slip that lets someone search a place. An issuing officer is the person who can give out warrants, and they have a special job to do this. You can find out more about what an issuing officer is by looking at section 3(1) of the Search and Surveillance Act 2012.

The person who does the search must be someone who is allowed to do it, like a compliance officer or an employee of the council or water organisation. They can also be someone else who is qualified and trained to do the job. A constable is a type of police officer, and they can apply for a warrant without needing permission from the chief executive.

When someone is searching a place, they must follow the rules set out in Part 4 of the Search and Surveillance Act 2012, except for sections 118 and 119.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1004867.

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Environment and resources > Food and water safetyGovernment and voting > Local councilsCrime and justice > Police and safety
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Part 5Miscellaneous provisions
Compliance and enforcement: Power to obtain information

289Power to enter place with consent or search warrant

  1. The chief executive of a territorial authority or water organisation 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 any compliance requirement if satisfied that there are reasonable grounds—

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

              1. In this section,—

                issuing officer has the meaning set out in section 3(1) of the Search and Surveillance Act 2012

                  specified person means—

                  1. a compliance officer; or
                    1. an employee of the territorial authority or water organisation; or
                      1. any other person who the chief executive of the territorial authority or water organisation is satisfied is suitably qualified and trained.

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

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

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