69ZS Requirement for warrant to enter dwellinghouse

(1)

A drinking-water assessor or designated officer may not exercise the powers conferred by section 69ZP to enter a dwellinghouse unless that drinking-water assessor or designated officer has obtained a search warrant in accordance with subsection (2).

(2)

Any District Court Judge or Justice of the Peace or Community Magistrate or any Registrar who is satisfied, on application in writing from a drinking-water assessor or designated officer made on oath, that there are reasonable grounds for believing that a drinking-water assessor or designated officer needs to enter a dwellinghouse in order to exercise a power under section 69ZP, may issue a search warrant in the prescribed form.

(3)

Every search warrant must be directed either to a drinking-water assessor or designated officer by name or to every drinking-water assessor or designated officer, but in any of those cases, the warrant may be executed by any drinking-water assessor or designated officer.

(4)

On issuing a warrant, the Judge, Justice of the Peace, Community Magistrate, or Registrar may impose any reasonable conditions on its execution that he or she thinks fit.

(5)

Every warrant must, subject to any conditions imposed under subsection (4), authorise the drinking-water assessor or designated officer who is executing it, and any person assisting that drinking-water assessor or designated officer under section 69ZQ,—

(a)

to enter the dwelling on 1 occasion within 14 days after the date of the issue of the warrant at any time that is reasonable in the circumstances; and

(b)

to use any force, both for making entry (either by breaking open doors or otherwise) and for breaking open anything on the premises or dwelling, that is reasonable in the circumstances; and

(c)

to exercise any power conferred by section 69ZP.

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