Local Government Act 2002

If you need more information about this Act, please contact the administering agency: Department of Internal Affairs
172 Power of entry for enforcement purposes

(1)

A warranted enforcement officer may enter land for the purpose of detecting a breach of a bylaw or the commission of an offence against this Act if the officer has reasonable grounds for suspecting that a breach of the bylaw or the commission of the offence has occurred or is occurring on the land.

(2)

Before exercising the power in subsection (1), the officer must, if practicable, give reasonable notice to the occupier of the land of the intention to exercise the power, unless the giving of notice would defeat the purpose of entry.

(3)

The power in subsection (1) to enter a dwellinghouse must not be exercised unless—

(a)

the entry is authorised by a warrant given by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) on application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of that Act; and

(b)

when exercising the power, the enforcement officer is accompanied by a constable.

(4)

Subject to subsections (3)(b) and (5), the provisions of Part 4 of the Search and Surveillance Act 2012 apply.

(5)

Despite subsection (4), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

Section 172(3)(a): amended, on 1 October 2012, by section 271(5) of the Search and Surveillance Act 2012 (2012 No 24).

Section 172(3)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 172(4): replaced, on 1 October 2012, by section 271(6) of the Search and Surveillance Act 2012 (2012 No 24).

Section 172(5): inserted, on 1 October 2012, by section 271(6) of the Search and Surveillance Act 2012 (2012 No 24).