Planning Act 2023

This section applies if an inspector intends to ask the occupier of the premises to consent to the inspector and an authorised person entering the premises under section 463 (1) (c).

The inspector must, during business hours—

show their identity card; and

tell the occupier that—

the territory planning authority gave a direction for rectification work to be done at the premises; and

notice of the direction was given under section 437; and

the rectification work was not undertaken in accordance with the notice; and

a person has been authorised to undertake the rectification work; and

entry is sought to allow the authorised person to undertake the rectification work; and

the authorised person is accompanying the inspector; and

the inspector may, but need not, remain at the premises to give directions to the authorised person; and

the authorised person may return during business hours as required to complete the work; and

the occupier may refuse consent to enter the premises; and

the occupier may withdraw consent to remain at the premises.

If the occupier consents, the inspector must ask the occupier to sign a written acknowledgment (an acknowledgment of consent) stating the following:

the matters mentioned in subsection (2) (b);

that the occupier was told of those matters;

that the occupier consented to the entry;

the date and time that consent was given.

If the occupier signs an acknowledgment of consent, the inspector must immediately give a copy to the occupier.

A court must find that the occupier did not consent to the inspector entering or remaining at the premises under this part if—

a question arises in a proceeding in the court whether the occupier consented; and

an acknowledgment of consent is not produced in evidence; and

it is not proved that the occupier consented.