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Offshore Renewable Energy Bill

Administration and enforcement - Administration - Enforcement powers

105: Power of entry for inspection

You could also call this:

"Inspecting places to check offshore energy rules are being followed"

Illustration for Offshore Renewable Energy Bill

If you are an enforcement officer, you can enter and inspect certain places to check if people are following the rules. You can do this at reasonable times and you must be authorised by the chief executive in accordance with section 101(2). You can inspect premises, places, structures, vehicles, or ships where offshore renewable energy infrastructure activities are happening or where equipment, data, or information is stored.

You can enter these places to see if people are complying with the rules of this Act, the regulations, or the conditions of a permit. When you inspect, you have the power to make copies of documents and you can ask someone to help you make copies.

If the owner or occupier is not there when you inspect, you must leave a written notice with the date and time of the inspection and your name. You cannot enter a dwelling house or marae without permission from the occupier, owner, or person in charge, unless you have a search warrant issued under section 98 of the Search and Surveillance Act 2012.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992284.


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104: Power to require information, or

"The government can ask you for information about offshore renewable energy and you must provide it"


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106: Application for warrant for entry to search, or

"Asking for permission to search a place"

Part 4Administration and enforcement
Administration: Enforcement powers

105Power of entry for inspection

  1. An enforcement officer who is specifically authorised by the chief executive in accordance with section 101(2) to do so may, at all reasonable times, for the purpose specified in subsection (2), enter and inspect any premises, place (except a dwelling house or marae), structure, vehicle, or ship in which—

  2. ORE infrastructure activities are being carried out; or
    1. equipment, data, or information is held in connection with ORE infrastructure activities.
      1. The purpose for which the power to enter and inspect may be exercised is to determine whether the requirements of this Act or the regulations or the conditions of a permit are being complied with.

      2. The power to enter and inspect includes the power to make copies of documents and to require a person to make, or assist in the making of, copies of documents.

      3. If the owner or occupier of the premises, place, structure, vehicle, or ship is not present at the time of the inspection, the enforcement officer must leave in a prominent position at, or attached to, the premises, place, structure, vehicle, or ship a written notice showing—

      4. the date and time the inspection was carried out; and
        1. the name of the officer carrying out the inspection.
          1. An enforcement officer must not enter a dwelling house or marae except—

          2. with the consent of an occupier, owner, or person in charge of that dwelling house or marae; or
            1. in accordance with a search warrant issued under section 98 of the Search and Surveillance Act 2012.