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Planning Bill

Enforcement and other matters - Enforcement - Powers of entry and search

250: Power of entry for inspection

You could also call this:

"Inspectors can visit your property to check you're following the rules"

Illustration for Planning Bill

You can expect an enforcement officer to visit your property to check if rules are being followed. They can go onto your property, except your home or marae, to see if you are complying with this proposed Act or other rules. They want to make sure you are doing the right thing. You might see them taking notes, photos, or videos, or collecting samples of water, air, or soil. They can also take a sample of something they think might be polluting these things. They must show you their ID and authorisation when they arrive and if you ask to see it again. If you are not home, they will leave a note with their name and the time they visited. They cannot enter your land without permission if another law says they need it. They can get help if they need it to do their job.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1540200.

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Topics:
Environment and resources > ConservationEnvironment and resources > Town planningHousing and property > Land use
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"Right to Enter Your Land for Surveys"

Part 6Enforcement and other matters
Enforcement: Powers of entry and search

250Power of entry for inspection

  1. Any enforcement officer, specifically authorised in writing by a local authority or the EPA to do so, may at all reasonable times go on, into, under, or over any place or structure, except a dwellinghouse or marae, for the purpose of inspection to determine whether—

  2. this Act, any regulations, a national rule, a rule in a plan, or a planning consent is being complied with; or
    1. an enforcement order, interim enforcement order, abatement notice, or enforceable undertaking is being complied with; or
      1. any person is contravening a rule in a proposed plan in a manner prohibited by section 17.

        1. For the purposes of subsection (1), an enforcement officer may—

        2. collect records of their inspection (including measurements, notes, sketches, drawings, photographs, and video recordings; and
          1. take samples of water, air, soil, or organic matter.

            1. If a sample is taken under subsection (2), an enforcement officer may also take a sample of any substance that the enforcement officer has reasonable cause to suspect is a contaminant of any water, air, soil, or organic matter.

            2. Every enforcement officer who exercises any power of entry under this section must produce for inspection their warrant of appointment and written authorisation upon initial entry and in response to any later reasonable request.

            3. If the owner or occupier of a place subject to inspection is not present at the time of the inspection, the enforcement officer must leave, in a prominent position at the place or attached to the structure, a written notice showing the date and time of the inspection and the name of the officer carrying out the inspection.

            4. An enforcement officer may not enter land without the permission of the landowner if permission to enter the land is required by any other Act.

            5. An enforcement officer exercising any power under this section may use any assistance that is reasonably necessary.