Urban Forest Act 2023

This section applies if the authorised person intends to ask the occupier of premises to consent to the authorised person entering the premises.

Before asking for consent, the authorised person must—

produce their identity card; 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, as soon as practicable, give a copy to the occupier.

A court must find that the occupier did not consent to entry to the premises by the authorised person under this part if—

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

an acknowledgment of consent for the entry is not produced in evidence; and

it is not proved that the occupier consented to the entry.