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Natural Environment Bill

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

274: Power of entry for inspection

You could also call this:

"Enforcement officers can enter certain places to check if people are following environment rules"

Illustration for Natural Environment Bill

If a proposed new law is passed, enforcement officers will be able to enter certain places to check if people are following the rules. You can think of enforcement officers like special helpers who make sure everyone is doing the right thing. They will be able to go into places like farms or factories, but not into people's homes or marae, to see if the rules are being followed. They will be looking to see if people are complying with laws, regulations, and rules, or if they are breaking any rules. The officers will be able to collect information, take photos or videos, and collect samples of things like water or soil to help them with their inspection. They must show their ID and authorisation when they arrive and if the owner is not there, they must leave a note with their details. The officers must also follow any other rules about entering private land and can get help if they need it. They are only allowed to enter places at reasonable times and must have written permission from a local authority or the EPA to do so. The proposed law is trying to make sure that people are taking care of the natural environment and following the rules to protect it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1529084.

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273: Restrictions on certain applications for enforcement orders and abatement notices, or

"Rules about who can ask the court to stop pollution from certain ships"

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275: Power of entry for survey, or

"People can enter your land to do surveys and tests, with notice and ID."

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

274Power 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, or a rule of a plan, or a natural resource permit is being complied with; or
    1. an enforcement order, interim enforcement order, abatement notice, enforceable undertaking, or water shortage direction is being complied with; or
      1. any person is contravening a rule in a proposed plan in a manner prohibited by any of sections 17, 18(4), 20(1), and 21(4).

        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 must 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.