Contents (2012 - 74)
Boarding Houses Act 2012 No 74
76 Powers of entry and inspection by enforcement officers without consent or warrant
(cf YCS Act, s 25 (2)–(4))
(1) The following premises may be entered under this section:(a) an authorised boarding house,(b) premises that are the subject of an application for a boarding house authorisation.(2) An enforcement officer may, at any time and with such assistants (including police officers) as may reasonably be required, enter such premises and do any of the following for an enforcement purpose:(a) inspect the premises and any plant, equipment, vehicle or other thing,(b) photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises,(c) inspect and make copies of, or take extracts from, any document kept at the premises,(d) take any document or any other thing at the premises,(e) ask a person at the premises:(i) to answer a question to the best of that person’s knowledge, information and belief, or(ii) to take reasonable steps to provide information or produce a document.(3) Without limiting subsection (2), an enforcement officer exercising functions under this section may be accompanied by one or more medical practitioners and any such medical practitioners may inspect the premises and observe, examine and speak with any person apparently residing at the premises.(4) A power under subsection (2) (a), (b), (c) or (d) is limited to a document or thing that is used or likely to be used in the management or operation of the premises.(5) If the enforcement officer takes any document or thing under this section, he or she must:(a) give notice of the taking of the document or thing to the person apparently in charge of it or to a manager of the premises, and(b) return the document or thing to that person or the premises within 7 days after taking it.(6) An enforcement officer may not enter and inspect an unauthorised boarding house unless:(a) the enforcement purpose for which the officer is entering the boarding house is to make an inquiry in relation to an application for a boarding house authorisation for the boarding house, or(b) the manager of the boarding house consents to the entry and the inspection, or(c) the officer is doing so under the authority of a search warrant.(7) In this section:enforcement purpose means any of the following purposes:(a) making an inquiry in relation to an application for a boarding house authorisation for premises,(b) ensuring that the provisions of this Part and the regulations for this Part with respect to premises, and of any conditions imposed on a boarding house authorisation or other authority with respect to premises, are being complied with,(c) ensuring that the conditions of any exemption relating to premises are being complied with.