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Water Services Act 2021

Standards, enforcement, and other matters - Powers of compliance officers - Power to obtain information

112: Power to enter without search warrant

You could also call this:

"Entering places to check water safety without a search warrant"

Illustration for Water Services Act 2021

You can be a compliance officer who checks water services. You can enter some places without a search warrant if you think it is needed to stop a serious risk to public health. You can enter places like water treatment areas. You must try to contact the owner before entering a place. You can search the place and use other powers like those in sections 104 to 110. You can enter areas that collect, treat, or transmit drinking water. Some rules from the Search and Surveillance Act 2012 apply to what you do. You cannot enter a home or marae without permission from someone who lives there. You cannot enter a defence area without a written agreement or permission. You must follow these rules when checking water services to keep people safe. You have some powers to enter and search places to check the water. You must be careful and follow the rules when doing your job.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374813.

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Topics:
Health and wellbeing > Public healthHealth and wellbeing > Food and water safetyEnvironment and resources > Conservation
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111: Powers of entry and inspection, or

"Compliance officers can enter and inspect places to check water services are safe"

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113: Notice of entry, or

"Leaving a note when inspecting a place without the owner present"

Part 3Standards, enforcement, and other matters
Powers of compliance officers: Power to obtain information

112Power to enter without search warrant

  1. A compliance officer may exercise a power under subsection (2) if the officer believes, on reasonable grounds, that the exercise of the power is required in relation to a serious risk to public health.

  2. A compliance officer may, in respect of a place described in subsection (4),—

  3. enter the place without a search warrant; and
    1. search the place; and
      1. exercise any of the powers in sections 104 to 110.

        1. Before exercising the power to enter a place without a search warrant, the compliance officer must make reasonable efforts to contact the owner, occupier, or person in charge of the place.

        2. The places are any area where infrastructure and processes are used to collect, treat, or transmit drinking water for supply to consumers, including—

        3. the point of supply:
          1. any end-point treatment device:
            1. any backflow prevention device.

              1. Part 4 of the Search and Surveillance Act 2012 (other than subparts 2, 3, 6, and 8 and sections 118 and 119) applies to anything done under this section.

              2. A compliance officer must not enter a home or a marae under this section, except with the consent of an occupier.

              3. A compliance officer must not enter a defence area (within the meaning of section 2(1) of the Defence Act 1990) under this section, except in accordance with a written agreement between the Water Services Authority and the Chief of Defence Force.

              Compare
              Notes
              • Section 112(7): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).