69ZR Restrictions on exercise of powers

(1)

Despite section 69ZP, a drinking-water assessor or designated officer—

(a)

must not exercise any power conferred by section 69ZP(1)(a) unless the drinking-water assessor or designated officer has taken all practicable steps to obtain the information sought from other sources (for example, the relevant regional council); and

(b)

must not exercise any power conferred by section 69ZP(1)(g) unless he or she takes all practicable steps to ensure that—

(i)

the power is exercised in the presence of a representative of the drinking-water supplier concerned; and

(ii)

a duplicate sample is given to that representative or left at the premises; and

(c)

must not, in the case of a drinking-water assessor, exercise any power conferred by section 69ZP(1)(a), unless that assessor has obtained, in respect of the particular exercise of the power, the written approval of a medical officer of health; and

(d)

must, if a large drinking-water supplier considers that a proposed exercise of any power under section 69ZP will place its water supply at risk and advises the assessor or officer of that opinion in writing, consult with an expert nominated for the purpose by the Director-General, before exercising the power; and

(e)

in a case where the assessor or officer proposes to exercise the power conferred by section 69ZP to enter a dwellinghouse, must not exercise that power unless he or she has obtained a warrant under section 69ZS.

(2)

Despite section 69ZP, neither a drinking-water assessor nor a designated officer may enter any land or building that is a defence area (within the meaning of section 2(1) of the Defence Act 1990) except in accordance with a written agreement between the Director-General and the Chief of Defence Force entered into for the purposes of this section and for the time being in force.

(3)

Nothing in section 69ZP limits any enactment that imposes a prohibition or restriction on the availability of any information.

(4)

No person may be required, on examination or inquiry under section 69ZP, to give any answer or information tending to incriminate that person, and each person from whom an answer or information is sought must be informed of that right before the power to demand that answer or information is exercised.

(5)

Nothing in this section, or in section 69ZP, limits section 128.

Section 69ZR: inserted, on 1 July 2008, by section 7 of the Health (Drinking Water) Amendment Act 2007 (2007 No 92).

Section 69ZR(1)(c): amended, on 1 August 2019, by section 22(a) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).

Section 69ZR(1)(c): amended, on 1 August 2019, by section 22(b) of the Health (Drinking Water) Amendment Act 2019 (2019 No 41).