sec.145Entry to places

### sec.145 Entry to places An inspector may enter a place if— its occupier consents to the entry or the purpose of the entry is to get the occupier’s consent; or it is a public place and the entry is made when it is open to the public; or it is mentioned in an authority, a fisheries development approval or an accepted development requirement as a place of business, or another place, required to be open for inspection and the entry is made when the place is— open for the conduct of business or otherwise open for entry; or required under the authority, approval or accepted development requirement to be open for inspection; or the entry is permitted by a warrant; or the entry is necessary to take action the inspector is required or authorised to take under— an order under this Act for the taking and removal, or destruction, of fisheries resources; or This order is made under section 108 (Order for taking and removing, or destroying, non-indigenous fisheries resources or aquaculture fish). an order under this Act for the taking of action to stop or delay fisheries resources or plants from escaping; or This order is made under section 109 (Order to stop or delay escape of non-indigenous fisheries resources or aquaculture fish). it is premises used for trade or commerce and the entry is made under section 145A . An inspector may also enter a place if— the place is not within a city or town under the Local Government Act 2009 ; and the place is not the site or curtilage of a building or other structure used for residential purposes; and the purpose of the entry is to gain access, by a direct reasonable route, to a body of water. In addition, an inspector may enter on, and pass along, the beds, banks or borders of a body of water. s 145 amd 2003 No. 82 s 39 ; 2009 No. 17 s 331 sch 1 ; 2014 No. 7 s 540 ; 2016 No. 27 s 254 ; 2019 No. 6 ss 7, 3 sch 1 (sec.145-ssec.1) An inspector may enter a place if— its occupier consents to the entry or the purpose of the entry is to get the occupier’s consent; or it is a public place and the entry is made when it is open to the public; or it is mentioned in an authority, a fisheries development approval or an accepted development requirement as a place of business, or another place, required to be open for inspection and the entry is made when the place is— open for the conduct of business or otherwise open for entry; or required under the authority, approval or accepted development requirement to be open for inspection; or the entry is permitted by a warrant; or the entry is necessary to take action the inspector is required or authorised to take under— an order under this Act for the taking and removal, or destruction, of fisheries resources; or This order is made under section 108 (Order for taking and removing, or destroying, non-indigenous fisheries resources or aquaculture fish). an order under this Act for the taking of action to stop or delay fisheries resources or plants from escaping; or This order is made under section 109 (Order to stop or delay escape of non-indigenous fisheries resources or aquaculture fish). it is premises used for trade or commerce and the entry is made under section 145A . (sec.145-ssec.2) An inspector may also enter a place if— the place is not within a city or town under the Local Government Act 2009 ; and the place is not the site or curtilage of a building or other structure used for residential purposes; and the purpose of the entry is to gain access, by a direct reasonable route, to a body of water. (sec.145-ssec.3) In addition, an inspector may enter on, and pass along, the beds, banks or borders of a body of water. - (a) its occupier consents to the entry or the purpose of the entry is to get the occupier’s consent; or - (b) it is a public place and the entry is made when it is open to the public; or - (c) it is mentioned in an authority, a fisheries development approval or an accepted development requirement as a place of business, or another place, required to be open for inspection and the entry is made when the place is— (i) open for the conduct of business or otherwise open for entry; or (ii) required under the authority, approval or accepted development requirement to be open for inspection; or - (i) open for the conduct of business or otherwise open for entry; or - (ii) required under the authority, approval or accepted development requirement to be open for inspection; or - (d) the entry is permitted by a warrant; or - (e) the entry is necessary to take action the inspector is required or authorised to take under— (i) an order under this Act for the taking and removal, or destruction, of fisheries resources; or Note— This order is made under section 108 (Order for taking and removing, or destroying, non-indigenous fisheries resources or aquaculture fish). (ii) an order under this Act for the taking of action to stop or delay fisheries resources or plants from escaping; or Note— This order is made under section 109 (Order to stop or delay escape of non-indigenous fisheries resources or aquaculture fish). - (i) an order under this Act for the taking and removal, or destruction, of fisheries resources; or Note— This order is made under section 108 (Order for taking and removing, or destroying, non-indigenous fisheries resources or aquaculture fish). - (ii) an order under this Act for the taking of action to stop or delay fisheries resources or plants from escaping; or Note— This order is made under section 109 (Order to stop or delay escape of non-indigenous fisheries resources or aquaculture fish). - (f) it is premises used for trade or commerce and the entry is made under section 145A . - (i) open for the conduct of business or otherwise open for entry; or - (ii) required under the authority, approval or accepted development requirement to be open for inspection; or - (i) an order under this Act for the taking and removal, or destruction, of fisheries resources; or Note— This order is made under section 108 (Order for taking and removing, or destroying, non-indigenous fisheries resources or aquaculture fish). - (ii) an order under this Act for the taking of action to stop or delay fisheries resources or plants from escaping; or Note— This order is made under section 109 (Order to stop or delay escape of non-indigenous fisheries resources or aquaculture fish). - (a) the place is not within a city or town under the Local Government Act 2009 ; and - (b) the place is not the site or curtilage of a building or other structure used for residential purposes; and - (c) the purpose of the entry is to gain access, by a direct reasonable route, to a body of water.