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Civil Aviation Act 2023

Monitoring, investigation, and enforcement - Powers of entry and inspection

285: Power to enter homes or marae

You could also call this:

"Inspectors can enter your home or marae with permission or a special warrant."

Illustration for Civil Aviation Act 2023

An inspector usually needs your permission to enter your home or marae. They can also get a warrant to enter if they have a good reason to believe your home or marae is connected to an aviation place. You can find more information about how they get a warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012. If they get a warrant, they can only enter your home or marae to do the things they are allowed to do under section 284.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS346099.

Topics:
Transport and travel > Air travel
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284: Powers of entry and inspection, or

"Inspectors can enter and check aviation places, like airports, to make sure everything is safe and follows the rules."

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286: Notice of entry, or

"Leaving a note when inspecting a place with no one in charge"

Part 9Monitoring, investigation, and enforcement
Powers of entry and inspection

285Power to enter homes or marae

  1. Despite section 284(1), (2), and (5), an inspector must not, except with the consent of an occupier or pursuant to a warrant issued under subsection (2),—

  2. enter an aviation place or a former aviation place that is, or is within, a home, a marae, or a building associated with a marae; or
    1. enter an aviation place or a former aviation place through a home, a marae, or a building associated with a marae.

      1. An issuing officer may, on an application made by an inspector in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, issue a warrant to enter a home (or part of a home), a marae (or part of a marae), or a building associated with a marae (or part of a building associated with a marae) if the issuing officer is satisfied that there are reasonable grounds to believe that the home, marae, or building associated with a marae—

      2. is an aviation place or a former aviation place or has an aviation place or a former aviation place within it; or
        1. is the only practicable means through which the inspector may enter the aviation place or former aviation place.

          1. A warrant issued under subsection (2) authorises an inspector to enter the home or marae only to exercise the powers specified in section 284.

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