Power to enter premises

In force

(1)

For this Act, an authorised person may—

(a)

at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or

(b)

at any time, enter premises with the occupier’s consent; or

(c)

at any time, enter premises if the authorised person believes on reasonable grounds that—

(i)

there is a risk to the environment or to public health; and

(ii)

the risk is so serious and urgent that immediate entry to the premises without the authority of a warrant is necessary; or

(d)

enter premises in accordance with a warrant.

(2)

However—

(a)

subsection (1) (a) does not authorise the entry into a part of the premises that is being used only for residential purposes; and

(b)

subsection (1) (c) does not authorise the entry into premises that are used for residential purposes, unless the premises are also a facility.

(3)

An authorised person may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises.

(4)

To remove any doubt, an authorised person may enter premises without payment of an entry fee or other charge.

(5)

An authorised person may—

(a)

if entering the premises without a warrant—enter the premises with necessary assistance; and

(b)

if entering the premises in accordance with a warrant—enter the premises with necessary assistance and force.

(6)

In this section:

necessary assistance includes the attendance of 1 or more people who, in the opinion of the authorised person, have knowledge or skills that could assist the authorised person carry out their function.

This Act’s bill:Explanatory statement Second reading speech

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86 Power to enter premises