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Water Services Act 2021

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

114: Power of Water Services Authority to authorise making of applications for search warrants

You could also call this:

"Water Services Authority can allow searches to check for rule-breaking"

Illustration for Water Services Act 2021

The Water Services Authority can let someone search a place or vehicle to see if someone is breaking the rules. You need to know that the Authority must have good reasons to think someone is breaking the rules. The person searching must follow the rules set out in the Search and Surveillance Act 2012. The Water Services Authority can choose who can do the search. You can be chosen if you are a compliance officer, an employee of the Water Services Authority, or someone the Authority thinks is qualified. A constable can also apply for a search warrant without the Authority's permission. The search can only happen if the person in charge of the place or vehicle says it's okay, or if a warrant is issued. The Search and Surveillance Act 2012 has rules about how searches can be done. These rules apply to searches done under this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS374817.

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Topics:
Environment and resources > WaterCrime and justice > Police and safety
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"Leaving a note when inspecting a place without the owner present"

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115: Continuation of powers of entry and inspection without search warrants, or

"Compliance officers can keep checking if people follow the rules without a search warrant."

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

114Power of Water Services Authority to authorise making of applications for search warrants

  1. The Water Services Authority 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 legislative requirement or drinking water safety plan, if the Water Services Authority is 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 evidential material 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 legislative requirement or drinking water safety plan; and
            1. to believe that the search will find evidential material in or on any part of the place, vehicle, or thing.

              1. In this section, specified person means—

              2. a compliance officer; or
                1. an employee of the Water Services Authority; or
                  1. any other person who the Water Services Authority is satisfied is suitably qualified and trained.

                    1. Despite subsection (4), a constable may apply for a warrant to be issued under subsection (3) without an authorisation from the Water Services Authority under subsection (1).

                    2. The provisions of subpart 2 of Part 3 and Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply, with any necessary modifications.

                    Compare
                    Notes
                    • Section 114 heading: amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                    • Section 114(1): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                    • Section 114(4)(b): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                    • Section 114(4)(c): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).
                    • Section 114(5): amended, on , by section 111(2) of the Local Government (Water Services) (Repeals and Amendments) Act 2025 (2025 No 43).