Education Act 1989

319B Powers of entry and inspection without warrant

• (1) Any person holding an authorisation under subsection (3) may, for the purpose of ensuring that the provisions of this Act and any regulations made under this Act, or the conditions of any licence, certificate, or grant issued or made under any of those provisions, are being complied with, or for the purpose of conducting any audit, at any reasonable time, do all or any of the following:

  • (a) enter and inspect any premises that are or contain a licensed early childhood education and care centre or that are used to provide a licensed home-based education and care service or a licensed hospital-based education and care service, or that are used by a certificated playgroup:

  • (b) inspect, photocopy, print out, or copy onto disk any documents (whether held in electronic or paper form) that the person believes on reasonable grounds to be those of the licensed early childhood service or certificated playgroup:

  • (c) remove any document described in paragraph (b), whether in its original form or as an electronic or paper copy.

  (2) If any document is removed from premises under subsection (1)(c), the person who removes it must—

  • (a) leave at the premises a list of the documents removed; and

  • (b) return the documents, or a copy of them, to the premises as soon as practicable, unless to do so would prejudice any investigation being or to be carried out by the Ministry.

  (3) The Secretary may authorise in writing any person, who in the opinion of the Secretary is suitably qualified and trained in the exercise of powers under subsection (1), to exercise those powers.

  (4) Every authorisation under subsection (3) must contain—

  • (a) a reference to this section; and

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

  • (c) a statement of the powers conferred on that person by this section.

  (5) Every person exercising any power under subsection (1) must have the appropriate written authorisation, and evidence of identity, and must produce them to the person in charge of the premises concerned (or, as the case may be, the person having possession or control of the documents concerned)—

  • (a) on first entering the premises; and

  • (b) whenever subsequently reasonably required to do so by the person in charge.

  (6) For the purposes of this section and section 319C, inspection, in relation to any premises, includes observing any children present there.

  Section 319B: inserted, on 1 December 2008, by section 53 of the Education Amendment Act 2006 (2006 No 19).