Local Land Services Act 2013 No 51
Division 2 Authorised officers
167 Authorised officers
An authorising authority may appoint a police officer or any other person (including a class of persons) as an authorised officer for the purposes of this Act.Note.is defined in the Dictionary.
168 Scope of authority
(1) An authorisation of a person as an authorised officer can be given generally, or subject to conditions, limitations or restrictions or only for limited purposes.(2) The authority of an authorised officer may be limited by the relevant instrument of appointment to the functions, or the exercise of functions in such region or part of a region, as are specified in the instrument of appointment.(3) If such authorisation is given subject to conditions, limitations or restrictions or only for limited purposes, nothing in this Act authorises or requires the authorised officer to act in contravention of the conditions, limitations or restrictions or for other purposes.
(1) Every authorised officer, other than a police officer, is to be provided by the authorising authority with an identification card.(2) In the course of exercising the functions of an authorised officer under this Act, an authorised officer, other than a police officer, must, if requested to do so by any person affected by the exercise of the functions, produce the officer’s identification card to the person.(3) In the course of exercising the functions of an authorised officer under this Act, an authorised officer who is a police officer must, if requested to do so by any person affected by the exercise of the functions, produce his or her identification as a police officer (unless he or she is in uniform).(4) An identification card is a card or document that—(a) states that it is issued under this Act, and(b) gives the name of the person to whom it is issued, and(c) describes the nature of the powers conferred and the source of the powers, and(d) states the date (if any) on which it expires, and(e) describes the kind of premises to which the power extends, and(f) bears the signature of the person prescribed by the regulations for the purposes of this paragraph.
170 Time of entry
An authorised officer may enter any premises at any reasonable time.
171 Entry into residential premises only with permission or warrant
This Part does not empower an authorised officer to enter any part of premises used only for residential purposes without the permission of the occupier or the authority of a search warrant issued under section 178.
172 Powers of authorised officers to do things on premises
(1) An authorised officer may, at any premises lawfully entered, do anything that in the opinion of the authorised officer is necessary to be done for the purposes of this Act, including (but not limited to) the things specified in subsection (2).(2) An authorised officer who enters premises may do any or all of the following—(a) inspect the premises,(b) search the premises,(c) examine, seize, detain or remove any pest in or about those premises,(d) examine, seize, detain or remove any other thing that the authorised officer has reasonable grounds to believe is being used to contravene this Act or the regulations,(e) require the production of and inspect any records in or about those premises,(f) take copies of, or extracts or notes from, any such records,(g) require any person in or about those premises to answer questions or otherwise furnish information,(h) require the occupier of those premises to provide the authorised officer with such assistance and facilities as are reasonably necessary to enable the authorised officer to exercise his or her functions,(i) remove or destroy or cause to be removed or destroyed any pest found in or about those premises that is being kept in captivity without lawful authority,(j) break open and search any box, container, package or receptacle (including any place that could be used as a receptacle) in or about those premises,(k) examine or muster any stock.
173 Notice of entry
(1) Before an authorised officer enters premises under this Part, the authorising authority must give the occupier of the premises oral or written notice of the intention to enter the occupier’s premises on a day or within a period of days specified in the notice.(2) The day or any day within the period of days specified must not be the day on which the notice is given.(3) This section does not require notice to be given—(a) if entry to the premises is made with the consent of the occupier of the premises, or(b) if entry has been authorised by a search warrant issued under section 178, or(c) if entry is required urgently and the authorising authority has authorised in writing (either generally or in the particular case) entry without notice, or(d) if the authorised officer concerned is a police officer and the giving of notice would defeat the purpose for which it is intended to exercise the power of entry, or(e) if entry is required to eradicate any pest kept in captivity without lawful authority.
174 Use of force
(1) Reasonable force may be used for the purpose of gaining entry to any premises (other than residential premises) under a power conferred by this Part but only if authorised by the authorising authority in accordance with this section and in accordance with any guidelines.(2) No force is to be exercised in any case unless the authorising authority has authorised in writing (either in a specified class of cases or in the particular case) the use of force in the circumstances of the case.(3) A general authority given by the authorising authority for the use of force is invalid. The authority is to specify the circumstances that are required to exist in a case before force is used.
175 Notification of use of force or urgent entry
(1) An authorised officer must give the authorising authority prompt oral or written advice of—(a) any use of force by the authorised officer for the purpose of gaining entry to premises, or(b) any entry to premises by the authorised officer without notice having been given to the occupier of the premises of the intention to enter as required by section 173.(2) The authorising authority must give notice of the entry to such persons or authorities as appear to be appropriate in the circumstances.
176 Care to be taken
In the exercise of a function under this Part, an authorised officer must do as little damage as possible.
An authorising authority must compensate all interested parties for any damage caused by an authorised officer who enters premises under this Part in entering the premises (but not any damage caused by exercising any other function), unless the occupier of the premises obstructed, hindered or restricted the authorised officer in the exercise of the power of entry.
178 Search warrant
(1) An authorised officer under this Act may apply to an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 for a search warrant if the authorised officer under this Act has reasonable grounds for believing that a provision of this Act or the regulations has been or is being or is about to be contravened in or about any premises.(2) An authorised officer under this Act may not apply for a search warrant to search premises unless the authorised officer under this Act has notified the authorising authority of the intended application.(3) An authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002 to whom an application is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a warrant authorising an authorised officer under this Act named in the warrant to enter the premises and to exercise there the powers under section 172.(4) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
179 Authorised officer may request assistance
(1) An authorised officer may request the assistance of any police officer if the authorised officer reasonably believes that the performance of functions conferred or imposed by or under this Act will be obstructed.(2) An authorised officer may request the assistance of any person the authorised officer believes to be capable of providing assistance in the performance of functions conferred or imposed by or under this Act.