Interaction with specific Acts
28W Interaction with specific Acts
An authorised officer or a police officer who is exercising, or about to exercise, a power under this Act to which the Youth
Justice Act 2005 would apply if it were to be exercised by a police officer must comply with the obligations imposed by that Act on a police officer.
Despite the application of the Residential Tenancies Act 1999 to premises let under this Act, an authorised officer or a police officer may:
lawfully enter a yard, garden or other area associated with public housing premises (but not the residence) if the officer enters the place to exercise a power under this Act at a reasonable time in the circumstances; and
lawfully enter a residence at the invitation or with the consent of the tenant of the public housing premises.
Note for subsection (2)
Section 34 applies the
Residential Tenancies Act 1999. Under that Act, a landlord may only enter premises or ancillary premises in accordance with that Act.
However, subsection (2) allows for entry in addition to Part 9 of the
Residential Tenancies Act 1999.
An authorised officer or a police officer who enters a yard, garden or other area associated with public housing premises as mentioned in subsection (2)(a) may remain on the place for as long as the officer reasonably believes is necessary to exercise powers under this Act even if a tenant, recognised occupier or other person asks the officer to leave.
However, if an authorised officer or a police officer has entered a residence as mentioned in subsection (2)(b), the officer must leave the residence if asked to do so by the tenant of the public housing premises.
This Act’s bill:Second reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.