Energy (Fuels, Levies, and References) Act 1989

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35C Power to inspect property, obtain information, and enter land to conduct compliance check

(1)

For the purposes of this section,—

compliance check means a check that seeks to ascertain any or all of the following:

(a)
[Repealed]

(b)
[Repealed]

(c)

the extent to which records are being kept as required by section 35B:

(d)

the type, nature, or class of any engine fuel or goods capable of being used to make engine fuel:

(e)

compliance with regulations made under this Act:

(f)

the extent to which information supplied or published under section 36 is correct and complete

person liable to be checked means—

(a)
[Repealed]

(b)
[Repealed]

(c)
[Repealed]

(d)

any persons engaged in the importation, distribution, production, refining, blending, exportation, or selling of petroleum, refined petroleum products, or engine fuel or goods capable of being used to make engine fuel.

(2)

In order to conduct a compliance check of a person liable to be checked, any person specifically or generally authorised in writing by the Secretary may, using reasonable force,—

(a)

subject to subsection (4), at any reasonable time enter any land, building, or place other than a dwellinghouse or marae:

(b)

inspect and examine any property and any books, accounts, vouchers, records, or documents (including records or documents held in electronic or other form):

(c)

require any person to produce any books, accounts, vouchers, records, or documents (including records or documents held in electronic or other form) in that person’s possession or under that person’s control, and allow copies of or extracts from those books, accounts, vouchers, records, or documents to be made or taken:

(d)

require any person to supply any information or particulars that may be required by the Secretary:

(e)

take samples of any petroleum, engine fuel, or goods capable of being used to make engine fuel.

(3)

The written authorisation must 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 (2).

(4)

Every person exercising a power of entry under subsection (2) must be in possession of the written authorisation and evidence of identity, and must produce them to the occupier of the land, building, or place,—

(a)

if practicable, on first entering the land, building, or place; and

(b)

whenever subsequently reasonably required to do so by the occupier.

(5)

Every person has the same privileges under this section as witnesses have in court in relation to—

(a)

the production to an authorised person of any books, accounts, vouchers, records, or documents; and

(b)

the supplying to an authorised person of any information or particulars; and

(c)

the answering of questions put by an authorised person.

Section 35C: inserted, on 1 October 2008, by section 11 of the Energy (Fuels, Levies, and References) Amendment Act 2008 (2008 No 60).

Section 35C(1) compliance check paragraph (a): repealed, on 23 December 2008, by section 7(1)(a) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).

Section 35C(1) compliance check paragraph (b): repealed, on 23 December 2008, by section 7(1)(a) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).

Section 35C(1) compliance check paragraph (f): amended, on 23 December 2008, by section 7(1)(b) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).

Section 35C(1) person liable to be checked paragraph (a): repealed, on 23 December 2008, by section 7(2) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).

Section 35C(1) person liable to be checked paragraph (b): repealed, on 23 December 2008, by section 7(2) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).

Section 35C(1) person liable to be checked paragraph (c): repealed, on 23 December 2008, by section 7(2) of the Energy (Fuels, Levies, and References) Biofuel Obligation Repeal Act 2008 (2008 No 110).