Local Government Act 2009

An authorised person may enter private property, that is not closed to entry by the public (by a locked gate, for example), in order to ask the occupier of the property for permission to stay on the property and exercise powers under a Local Government Act.

When asking the occupier for permission, the authorised person must inform the occupier—

of the purpose of entering the property; and

that any thing or information that the authorised person finds on the property may be used as evidence in court; and

that the occupier is not obliged to give permission.

If the occupier gives permission, the authorised person may ask the occupier to sign a document that confirms that the occupier has given permission.

The document must state—

that the authorised person informed the occupier—

of the purpose of entering the property; and

that any thing or information that the authorised person finds on the property may be used as evidence in court; and

that the occupier was not obliged to give the permission; and

that the occupier gave the authorised person permission to enter the property and exercise powers under a Local Government Act; and

the date and time when the occupier gave the permission.

If the occupier signs the document, the authorised person must immediately give a copy of the document to the occupier.

If, in any proceedings—

a question arises as to whether the occupier of a property gave permission to allow an authorised person to stay on the property under this Act; and

a document that confirms the occupier gave permission is not produced in evidence;

If the occupier gives permission, the authorised person may stay on the property and exercise the powers that the occupier has agreed to be exercised on the property.

However, the right to stay on the property—

is subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and

may be cancelled by the occupier at any time.