35 Right of entry
  • (1) Subject to subsections (2) and (3), for the purpose of making any inquiries or observations necessary for obtaining the statistics to be collected under the authority of this Act, the Statistician, or any employee of the department authorised in writing by him, may—

    • (a) at any reasonable time enter any factory, farm, mine, workshop, office, or place of business, whether carried on solely by the occupier or otherwise, and may inspect any part of the premises, any goods which are being stored or offered for sale, and any books of account, vouchers, documents, or other business records; and

    • (b) require any person who, by reason of his office, would normally be expected to have the custody of any books of account, vouchers, documents, or other business records to produce the same for inspection within 48 hours or such longer period as may be specified in the requisition at the time it is made.

    (2) The Statistician and any employee of the department authorised in writing by him as aforesaid shall not exercise any of the powers conferred by subsection (1) unless—

    • (a) the occupier of the factory, farm, mine, workshop, office, or place of business consents to the entry and inspection, or the person who, by reason of his office, would normally be expected to have the custody of any such books of account, vouchers, documents, or other business records, consents to their production; or

    • (b) the Statistician or the employee of the department obtains a warrant authorising him to exercise those powers in accordance with subsection (3).

    (3) Where any District Court Judge or Justice or Community Magistrate is satisfied, on application in writing made on oath, that there is reasonable ground for believing that it is necessary for the purpose of making any inquiries or observations necessary for obtaining the statistics to be collected under the authority of this Act for the Statistician or any employee of the department authorised in writing by him to exercise, in relation to any factory, farm, mine, workshop, office, or place of business any of the powers conferred by subsection (1)(a) or in relation to any person any of the powers conferred by subsection (1)(b), he may, by warrant under his hand, authorise the Statistician or any such employee of the department to exercise those powers in relation to that factory, farm, mine, workshop, office, or place of business or in relation to that person, as the case may require.

    (4) Every warrant issued under subsection (3) shall authorise the person named in the warrant—

    • (a) at any reasonable time to enter any factory, farm, mine, workshop, office, or place of business, whether carried on solely by the occupier or otherwise, and inspect any part of the premises, any goods which are being stored or offered for sale, and any books of account, vouchers, documents, or other business records; and

    • (b) require any person who, by reason of his office, would normally be expected to have the custody of any books of account, vouchers, documents, or other business records to produce the same for inspection within 48 hours or such longer period as may be specified in the requisition at the time it is made.

    (5) Every such warrant shall continue in force until the purpose for which it was granted has been satisfied.

    (6) The Statistician or any employee of the department authorised in writing by the Statistician to exercise any of the powers conferred by paragraphs (a) and (b) of subsection (1) shall—

    • (a) in the case of the exercise of the powers conferred by subsection (1)(a) (except where those powers are exercised pursuant to a warrant issued under subsection (3))—

      • (i) give to the occupier thereof reasonable notice of his intention to enter the factory, farm, mine, workshop, office, or place of business, which notice shall include the purpose for which and the time at which it is proposed to enter and particulars of the statutory authority for the exercise by the Statistician or the employee of the department of the right of entry and inspection; and

      • (ii) at the time of entry and, if he is requested to do so, at any subsequent time, produce the authorisation in writing given to that employee by the Statistician; and

    • (b) in the case of the exercise of the powers conferred by subsection (1)(b) (except where those powers are exercised pursuant to a warrant issued under subsection (3))—

      • (i) give to the person required to produce the books of account, vouchers, documents, or other business records particulars of the statutory authority for the exercise by him of that power; and

      • (ii) at the time when that power is exercised, produce the authorisation in writing given to that employee by the Statistician; and

    • (c) where those powers are exercised pursuant to a warrant issued under subsection (3), produce that warrant at the time of the exercise by him of those powers.

    (7) Where any person is prosecuted for failure to produce any books of account, vouchers, documents, or other business records when required to do so under paragraph (b) of subsection (1), it shall be a defence to prove that he did not have the custody of the same at the time of the requisition and did not subsequently acquire the custody thereof.

    Compare: 1975 No 1 s 35

    Section 35: replaced, on 5 November 1982, by section 9 of the Statistics Amendment Act 1982 (1982 No 38).

    Section 35(3): amended, on 30 June 1998, by section 7 of the District Courts Amendment Act 1998 (1998 No 76).