Section 332 — Resource Management Act 1991: Power of entry for inspection

332 Power of entry for inspection (1) Any enforcement officer, specifically authorised in writing by any local authority or consent authority to do so, may at all reasonable times go on, into, under, or over any place or structure, except a dwellinghouse, for the purpose of inspection to determine whether or not— (a) This Act, any regulations, a rule of a plan, a resource consent, section 10 (certain existing uses protected), or section 10A (certain existing activities allowed), or section 20A (certain lawful existing activities allowed) is being complied with; or (b) An enforcement order, interim enforcement order, abatement notice, or water shortage direction is being complied with; or (c) Any person is contravening a rule in a proposed plan in a manner prohibited by any of sections 9 , 12(3) , 14(2) , or 15(2) ; or (d) any control imposed under Schedule 12 on a recognised customary activity is being complied with. (2) For the purposes of subsection (1) , an enforcement officer may take samples of water, air, soil, or organic matter. (2A) Where a sample is taken under subsection (2) , an enforcement officer may also take a sample of any substance that the enforcement officer has reasonable cause to suspect is a contaminant of any water, air, soil, or organic matter. (3) Every enforcement officer who exercises any power of entry under this section shall produce for inspection his or her warrant of appointment and written authorisation upon initial entry and in response to any later reasonable request. (4) If the owner or occupier of a place subject to inspection is not present at the time of the inspection, the enforcement officer shall leave in a prominent position at the place or attached to the structure, a written notice showing the date and time of the inspection and the name of the officer carrying out the inspection. (5) An enforcement officer may not enter, unless the permission of the landowner is obtained, any land which any other Act states may not be entered without that permission. (6) Any enforcement officer exercising any power under this section may use such assistance as is reasonably necessary. Subsection (1)(a) was amended, as from 7 July 1993, by section 153(1) Resource Management Amendment Act 1993 (1993 No 65) by inserting the words “ or section 10A (certain existing activities allowed), ” . Subsection (1)(a) was amended, as from 1 August 2003, by section 95 Resource Management Amendment Act 2003 (2003 No 23) by substituting the expression “ 20A ” for the expression “ 20 ” . See sections 109 to 113 of that Act as to the transitional and savings provisions. Subsection (1)(c) was amended, as from 17 January 2005, by section 31 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94) by inserting the expression “ ; or ” . See sections 40 to 43 of that Act. Subsection (1)(d) was inserted, as from 17 January 2005, by section 31 Resource Management (Foreshore and Seabed) Amendment Act 2004 (2004 No 94). See sections 40 to 43 of that Act. Subsection (2) was amended, as from 7 July 1993, by section 153(2) Resource Management Amendment Act 1993 (1993 No 65) by substituting the words “ organic matter ” for the word “ vegetation ” . Subsection (2A) was inserted, as from 7 July 1993, by section 153(3) Resource Management Amendment Act 1993 (1993 No 65).