BUILDING ACT 2004 - SECT 134G Warrants—application made other than in person

BUILDING ACT 2004 - SECT 134G

    (1)     A building inspector may apply for a warrant by phone, fax, radio or other form of communication if the inspector considers it necessary because of—

        (a)     urgent circumstances; or

        (b)     other special circumstances.

    (2)     Before applying for the warrant, the building inspector must prepare an application stating the grounds on which the warrant is sought.

    (3)     The building inspector may apply for the warrant before the application is sworn.

    (4)     After issuing the warrant, the magistrate must immediately provide a written copy to the building inspector if it is practicable to do so.

    (5)     If it is not practicable to provide a written copy to the building inspector—

        (a)     the magistrate must—

              (i)     tell the building inspector what the terms of the warrant are; and

              (ii)     tell the building inspector the date and time the warrant was issued; and

        (b)     the building inspector must complete a form of warrant (the warrant form ) and write on it—

              (i)     the magistrate's name; and

              (ii)     the date and time the magistrate issued the warrant; and

              (iii)     the warrant's terms.

    (6)     The written copy of the warrant, or the warrant form properly completed by the building inspector, authorises the entry and exercise of the inspector's powers under this part.

    (7)     The building inspector must, at the first reasonable opportunity, send to the magistrate—

        (a)     the sworn application; and

        (b)     if the inspector completed a warrant form—the completed warrant form.

    (8)     On receiving the documents, the magistrate must attach them to the warrant.

    (9)     A court must find that a power exercised by a building inspector was not authorised by a warrant under this section if—

        (a)     the question arises in a proceeding before the court whether the exercise of power was authorised by a warrant; and

        (b)     the warrant is not produced in evidence; and

        (c)     it is not proved that the exercise of power was authorised by a warrant under this section.