Resource Management Act 1991

If you need more information about this Act, please contact the administering agency: Ministry for the Environment

Powers of entry and search

332 Power of entry for inspection

(1)

Any enforcement officer, specifically authorised in writing by any local authority, consent authority, or by the EPA to do so, may at all reasonable times go on, into, under, or over any place or structure, except a dwellinghouse, for the purpose of inspection to determine whether or not—

(a)

this Act, any regulations, a rule of a plan, a resource consent, section 10 (certain existing uses protected), or section 10A (certain existing activities allowed), or section 20A (certain lawful existing activities allowed) is being complied with; or

(b)

an enforcement order, interim enforcement order, abatement notice, or water shortage direction is being complied with; or

(c)

any person is contravening a rule in a proposed plan in a manner prohibited by any of sections 9, 12(3), 14(1), 15(2), and 15(2A).

(d)
[Repealed]

(2)

For the purposes of subsection (1), an enforcement officer may take samples of water, air, soil, or organic matter.

(2A)

Where a sample is taken under subsection (2), an enforcement officer may also take a sample of any substance that the enforcement officer has reasonable cause to suspect is a contaminant of any water, air, soil, or organic matter.

(3)

Every enforcement officer who exercises any power of entry under this section shall produce for inspection his or her warrant of appointment and written authorisation upon initial entry and in response to any later reasonable request.

(4)

If the owner or occupier of a place subject to inspection is not present at the time of the inspection, the enforcement officer shall leave in a prominent position at the place or attached to the structure, a written notice showing the date and time of the inspection and the name of the officer carrying out the inspection.

(5)

An enforcement officer may not enter, unless the permission of the landowner is obtained, any land which any other Act states may not be entered without that permission.

(6)

Any enforcement officer exercising any power under this section may use such assistance as is reasonably necessary.

Section 332(1): amended, on 1 July 2020, by section 90 of the Resource Management Amendment Act 2020 (2020 No 30).

Section 332(1)(a): amended, on 1 August 2003, by section 95 of the Resource Management Amendment Act 2003 (2003 No 23).

Section 332(1)(a): amended, on 7 July 1993, by section 153(1) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 332(1)(c): amended, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 332(1)(c): amended, on 1 October 2009, by section 137 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (2009 No 31).

Section 332(1)(d): repealed, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 332(2): amended, on 7 July 1993, by section 153(2) of the Resource Management Amendment Act 1993 (1993 No 65).

Section 332(2A): inserted, on 7 July 1993, by section 153(3) of the Resource Management Amendment Act 1993 (1993 No 65).