State Sector Act 1988

  • repealed
  • State Sector Act 1988: repealed, on 7 August 2020, by section 132(1) of the Public Service Act 2020 (2020 No 40).
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) 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).

(3)

The power to enter premises pursuant to subsection (1) 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:

(aa)

entry shall be made only if the Commissioner has first obtained the agreement of the Minister:

(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):

(iii)

evidence of the agreement referred to in paragraph (aa):

(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).

(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) 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.

Section 10: substituted, on 19 December 1989, by section 3 of the State Sector Amendment Act (No 2) 1989 (1989 No 136).

Section 10(3)(aa): inserted, on 31 October 2018, by section 10(1) of the State Sector and Crown Entities Reform Act 2018 (2018 No 31).

Section 10(3)(d)(iii): inserted, on 31 October 2018, by section 10(2) of the State Sector and Crown Entities Reform Act 2018 (2018 No 31).