PART 4

SUPPLEMENTARY

Powers of entry

Warrant to enter land
67
1
A justice of the peace may, on an application made by the Authority, issue a warrant conferring power on an authorised person to enter land, if necessary by force.
2
A justice of the peace may issue a warrant only if satisfied, on sworn information in writing—
a
that there are reasonable grounds for entering the land for a purpose mentioned in section 65(1), and
b
that one or more of the conditions in subsection (3) is met.
3
The conditions are—
a
that it has not been possible to give notice under section 66 to every occupier of the land, despite reasonable efforts to do so;
b
that entry to the land has been refused or obstructed or that a refusal or obstruction is reasonably expected;
c
that it is necessary for the authorised person to enter residential land.
4
For the purposes of subsection (3)(b), entry to land is to be treated as having been refused if no reply is received to a request or demand for admission within a reasonable period.
5
If a justice of the peace is satisfied, on sworn information in writing, that it is necessary for the authorised person, for a purpose mentioned in section 65(1)—
a
to take other persons, equipment or material on the land, or
b
to leave equipment or material on the land,
the warrant may also confer power on the authorised person to do those things; and if the warrant does so, it must include details of the persons, equipment or material.
6
A warrant issued under subsection (1) may confer power on the authorised person—
a
to carry out inspections and examinations (including tests and surveys) on the land;
b
to take measurements and photographs and make recordings;
c
to take and remove samples from the land.
7
A warrant issued under this section continues in force until the purpose for which it is issued has been fulfilled.
8
In this section--
- “land” (“tir”) does not include Crown land;
- “residential land” (“tir preswyl”) has the meaning given by section 66(7).
S. 67 not in force at Royal Assent, see s. 92(3)