BUILDING ACT 2004 - SECT 134F Warrants generally

BUILDING ACT 2004 - SECT 134F

    (1)     A building inspector may apply to a magistrate for a warrant to enter premises.

    (2)     The application must be sworn and state the grounds on which the warrant is sought.

    (3)     The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

    (4)     The magistrate may issue a warrant only if satisfied there are reasonable grounds for suspecting—

        (a)     there is a particular thing or activity connected with an offence against this Act; and

        (b)     the thing or activity is, or is being engaged in, at the premises, or may be, or may be engaged in, at the premises within the next 14 days.

    (5)     The warrant must state—

        (a)     that a building inspector may, with any necessary assistance and force, enter the premises and exercise the inspector's powers under this part; and

        (b)     the offence for which the warrant is issued; and

        (c)     the things that may be seized under the warrant; and

        (d)     the hours when the premises may be entered; and

        (e)     the date, within 14 days after the day of the warrant's issue, that the warrant ends.

    (6)     In this section:

"connected"—an activity is connected with an offence if—

        (a)     the offence has been committed by engaging or not engaging in it; or

        (b)     it will provide evidence of the commission of the offence.