18ME

Monitoring powers

Current

(1)

A trade measurement inspector may:

(a)

enter any business premises, or stop, detain and inspect any business vehicle, at any reasonable time of day; and

(b)

exercise the powers set out in section 18MG;

for the purposes of:

(c)

finding out whether Part IV, V, VI or VII has been complied with; or

(d)

finding out whether a condition of a servicing licence under Part X or a public weighbridge licence under Part XI has been complied with; or

(e)

finding out whether a condition of an appointment of a utility meter verifier under Part XIII has been complied with.

(2)

A trade measurement inspector may:

(a)

enter any residential premises at any reasonable time of day; and

(b)

exercise the powers set out in section 18MG;

for the purposes of:

(c)

finding out whether Part IV, V, VI or VII has been complied with; or

(d)

finding out whether a condition of a servicing licence under Part X or a public weighbridge licence under Part XI has been complied with; or

(e)

finding out whether a condition of an appointment of a utility meter verifier under Part XIII has been complied with.

(3)

However, a trade measurement inspector is not authorised to enter residential premises under subsection (2) unless:

(a)

the controller of the premises has consented to the entry or inspection and the inspector has shown his or her identity card if required by the controller; or

(b)

the entry or inspection is made under a warrant issued under section 18MZ or 18MZA.

(4)

If the trade measurement inspector is on residential premises with the controller’s consent, the inspector must leave the premises if the controller asks the inspector to do so.

(5)

If the trade measurement inspector:

(a)

is on residential premises under a warrant issued under section 18MZ or 18MZA for the purposes of:

(i)

finding out whether Part IV, V, VI or VII has been complied with; or

(ii)

finding out whether a condition of a servicing licence under Part X or a public weighbridge licence under Part XI has been complied with; or

(iii)

finding out whether a condition of an appointment of a utility meter verifier under Part XIII has been complied with; and

(b)

believes on reasonable grounds that there is evidential material on the premises;

the inspector may secure the material pending obtaining of a warrant under section 18MZ or 18MZA to seize it.

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