Consent to entry
48 Consent to entry
When seeking the consent of an occupier of premises to enter premises under section 46 (1) (b), an authorised person must—
either—
for an authorised person appointed under section 42—produce the person’s identity card; or
for a police officer—produce evidence that the person is a police officer; and
tell the occupier—
the purpose of the entry; and
that anything found and seized under this part may be used in evidence in court; and
that consent may be refused.
If the occupier consents, the authorised person must ask the occupier to sign a written acknowledgment (an acknowledgment of consent)—
that the occupier was told—
the purpose of the entry; and
that anything found and seized under this part may be used in evidence in court; and
that consent may be refused; and
that the occupier consented to the entry; and
stating the time and date when consent was given.
If the occupier signs an acknowledgment of consent, the authorised person must immediately give a copy to the occupier.
For how documents may be given, see the Legislation Act, pt 19.5.
A court must find that the occupier did not consent to entry to the premises by the authorised person under this part if—
the question arises in a proceeding in the court whether the occupier consented to the entry; and
an acknowledgment of consent is not produced in evidence; and
it is not proved that the occupier consented to the entry.
This Act’s bill:Explanatory statementSecond reading speech
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