New Zealand Legislation: Acts

10 Power to enter premises

• (1) For the purpose of carrying out the functions of the Commissioner, the Commissioner or any person specifically or generally authorised in writing in that behalf by the Commissioner, may from time to time—

  • (a) Enter the premises of any Department; or

  • (b) Require the production of any information, documents, or files in the custody of any Department, and examine any such information, documents, or files; or

  • (c) Require any member of the staff of any Department to answer questions for the purpose of enabling the Commissioner to carry out the functions assigned to the Commissioner.

  (2) Every written authorisation under subsection (1) of this section shall contain—

  • (a) A reference to this section; and

  • (b) The full name of the authorised person; and

  • (c) A statement of the powers conferred on the authorised person by subsection (1) of this section.

  (3) The power to enter premises pursuant to subsection (1) of this section shall be subject to the following conditions:

  • (a) Entry shall be made only by the Commissioner or by a person specifically or generally authorised in writing by the Commissioner:

  • (b) Reasonable notice of the intention to enter shall be given:

  • (c) Entry shall be made at reasonable times:

  • (d) The person entering shall carry—

    • (i) Evidence of that person's identity; and

    • (ii) Either evidence that that person is the Commissioner or that person's written authorisation under subsection (1) of this section:

  • (e) The person entering shall, on first entering the premises, and, if requested, at any subsequent time, produce to a representative of the Department the evidence referred to in paragraph (d) of this subsection.

  (4) Every person shall have the same privileges in relation to—

  • (a) The production of information, documents, and files; and

  • (b) The furnishing of any information or particulars; and

  • (c) The answering of questions—

  under this section as witnesses have in Courts of law.

  (5) No person shall exercise any of the powers conferred by paragraphs (a) to (c) of subsection (1) of this section unless the Commissioner or that person has first given the chief executive of the Department the opportunity of consulting with the Commissioner or that person about the exercise of those powers.

  (6) Nothing in this section derogates from any enactment that imposes a prohibition or restriction on—

  • (a) The availability of any information; or

  • (b) The production or examination of any information, documents, or files.

  Part 1, comprising sections 3 to 26, was substituted, as from 19 December 1989, by section 3 State Sector Amendment Act (No 2) 1989 (1989 No 136).