27Power of entry on land

27 Power of entry on land

(1)  For the purpose of conducting a survey, a registered surveyor or a person assisting a registered surveyor may, at any reasonable time, in accordance with this section –

(a) enter on any land, including land that is not to be surveyed; and

(b) open a door, gate or fence; and

(c) place a survey mark on the ground of any land entered; and

(d) enter any building; and

(da) [Section 27 Subsection (1) amended by No. 23 of 2014, s. 23, Applied:09 Dec 2014] break up the surface of any land, whether paved or not, to search for survey marks or physical objects; and

(e) trim a tree or bush obstructing a survey.

(2)  Nothing in subsection (1)(e) authorises a registered surveyor to trim a tree or bush if, in so doing, he or she would contravene or fail to comply with –

(a) any other Act or law; or

(b) a permit granted under any other Act; or

(c) a condition attaching to any other authority so granted.

(3)  A registered surveyor or a person assisting a registered surveyor may enter on land that is not owned by the person for whom the survey is being conducted only if, before entering, the surveyor has given to the owner of the land reasonable notice, oral or written, of the surveyor's intention to enter on the land.

(4)  A registered surveyor or a person assisting a registered surveyor may enter a building or part of a building that is not occupied by the person for whom the survey is being conducted only –

(a) if the occupier has consented, orally or in writing, to the entry; or

(b) in accordance with an order of a magistrate.

(5)  A registered surveyor or a person for whom a survey is being, or is to be, conducted may apply to a magistrate for an order under subsection (4)(b) .