What this division is about
125 What this division is about
This division is about the powers that may be used by an authorised person.
An authorised person is a person who is appointed under this Act to ensure that members of the public comply with the Local Government Acts.
Note—
See chapter 6, part 6 for more information about the appointment of authorised persons.
The powers of an authorised person include the power, in certain circumstances—
to ask a person for their name and address; and
to enter a property, including private property.
Private property is a property that is not a public place.
A public place is a place, or that part of a place, that—
is open to the public; or
is used by the public; or
the public is entitled to use;
whether or not on payment of money.
Example—
A person uses a room at the front of their home as a business office. While the business office is open to the public it is a public place. However, the home is private property and not part of the public place.
An occupier of a property includes a person who reasonably appears to be the occupier of, or in charge of, the property.
Force must not be used to enter a property under this division, other than when the property is entered under a warrant that authorises that use of force.
This Act’s bill:Explanatory memorandumSecond reading speech
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