Warrant of entry
92 Warrant of entry
A warrant issued under section 91(3) may – authorise the access by reference to specified times or specified periods; and be issued on the conditions, if any, that the justice considers appropriate.
Without limiting the generality of subsection (1), the conditions may – require the responsible manager to meet specified notification or other requirements before exercising the right of access; and provide for the adjoining land to be fenced or otherwise secured so as to maintain the adjoining landholder's level of protection as regards trespass and, if applicable, loss of stock.
The warrant is to specify whether the right of access being conferred is a right to cross over the adjoining land or a right to enter and remain on the adjoining land.
The warrant authorises the responsible manager, and any person acting on behalf of the responsible manager, to access the adjoining land to carry out the routine works specified in the warrant – at the times, or during the periods, specified in the warrant; and on the conditions specified in the warrant.
In effecting the access and carrying out the routine works, the responsible manager, and any person acting on behalf of the responsible manager must, whether or not they are mentioned in the warrant, comply with all protective protocols of which the responsible manager or person has notice.
The person in charge of executing the warrant must produce it for inspection if asked to do so by the adjoining landholder.
The warrant is to specify the date on which, and the time at which, the warrant ceases to have effect.
The date specified in the warrant pursuant to subsection (7) is to be a date no later than 3 months after the warrant is issued.
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