Entry without notice queried

Press, 15 December 1983, Page 4

Entry without notice queried

PA and Parliamentary reporter

An Opposition member of Parliament yesterday asked why council officers should be able to enter premises without notice simply because the matter related to a permit or licence. Mr P. T. E. Woollaston (Lab., Nelson) raised the question when Parliament was considering the Local Government Amendment Act which, outlined powers of entry for council staff and agents. The Minister of Lpcal, Government, Mr Hjfihet, later told the House tha? if

the Local Bills Select Committee decided the power was not necessary, he would be “only too happy to take it out.” The bill, which also changes methods of fixing payments to members and heads of local authorities, was introduced in Parliament yesterday. It was referred to the Local Bills Committee. Mr Woollaston said some useful restrictions were included in the bill. “We have an exemption in respect of emergencies, and in respect of those circumstances where prior notice

may defeat the purpose of the inspection,” he said. “Why is it necessary to waive, in respect of licence conditions, the requirement for prior notice?” Mr Highet said the power was for officers in cases where they wanted, for example, to check a restaurant for cockroaches. Prior notice would defeat the inspection, he said. The bill tightens rights to enter unoccupied land or buildings at any time, or occupied land or buildings after 24 hours notice. Officers will be allowed to enter only if reasonable have been made to get consent and at least 24

hours notice has been given to the occupier. A judicial warrant will be needed to get entry to dwellings, and this will only be issued on proof that reasonable efforts to get the occupier’s consent have failed. Restraints do not apply in emergencies or where loss of life, disease, or damage to works or property are possible. Maximum allowances and remuneration of members of local authorities are now fixed by the Minister of Finance by notice in the Gazette. Similar provisions in other acts deal fixing of allowances and

remuneration for members of special purpose authorites. The bill brings these together and gives determination to the Higher Salaries Commission in selected cases, following which the Minister of Local Government makes his own determination for other authorities in line with the commission’s. Local authorities will be able to make application for a special review of their allowances and remuneration. The bill also makes relocatable home parks subject .to contributions towards parks and reserves.