Seizure and sale order—entry, search and seizure powers if no consent
2203 Seizure and sale order—entry, search and seizure powers if no consent
This rule applies if, in executing a seizure and sale order—
an enforcement officer is refused entry to the enforcement debtor’s premises, after having told or made reasonable attempts to tell the occupier (orally or in writing)—
about the procedure for execution of the order; and
that the enforcement officer intends to apply for an order for entry under this rule if entry is refused; or
an enforcement officer—
has made reasonable attempts to contact the enforcement debtor and any other occupier of the enforcement debtor’s premises to obtain consent to enter the premises; and
has been unable to make contact with the enforcement debtor or any other occupier of the premises.
At the request of the enforcement officer, the court may make an order authorising the enforcement officer, for any purpose connected with executing the seizure and sale order, to enter the enforcement debtor’s premises—
using the force and assistance that is reasonable and necessary; and
with the assistance of a police officer or police officers if the enforcement officer considers the assistance to be necessary.
Without limiting subrule (2), an order under that subrule is sufficient authority for the enforcement officer—
to search the enforcement debtor’s premises for anything that the enforcement officer is entitled to seize in execution of the seizure and sale order; and
to seize and remove anything the enforcement officer is entitled to seize in execution of the seizure and sale order.
The court must not make an order under subrule (2) in relation to premises unless satisfied that—
the enforcement debtor lives at the premises; or
something the enforcement officer is entitled to seize is at the premises; or
the enforcement officer is entitled to sell the premises.
An enforcement officer is not civilly liable for anything done or omitted to be done honestly and without recklessness in executing an order under subrule (2).
This rule does not limit any other power of an enforcement officer or the court in relation to the execution of an enforcement order.
In this rule:
enforcement debtor’s premises means premises occupied by the enforcement debtor.
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