Fact Sheet Role and Powers of Authorised Persons

Fact Sheet — Role and Powers of Authorised Persons

Entry Powers Entry with consent - An authorised person may enter property with the approval of the owner/ occupier of the property to conduct a search or to undertake an inspection.

Entry with consent process

Complete approval authority form (see AP Form 3 Acknowledgement of Agreement to Enter Property)

Deliver form to owner/occupier of property and advise: a) the purpose of entry; and b) that the owner is not required to give consent to enter premises.

Owner Signs Form

YES NO

Proceed with purpose Exit the premises. as described on form. Seek alternative E.g. Conduct methods of entering inspection. property eg. Apply for Warrant.

of 3 Entry with warrant process

Entry with warrant - An authorised person may apply to a magistrate for a warrant for a place by completing a written application for the warrant (s117).

Complete written application or a approved form (see AP Form 4 – Warrant to Enter).

Contact magistrate in writing.

If the matter is of an urgent or special circumstance, authorised person may apply for a warrant via phone, fax, email, radio, videoconferencing or other form of electronic communication.

Magistrate issues warrant.

Copy sent to Authorised Officer person via completes a email or fax. form of warrant.

Identify self to the occupier of the place by producing relevant identification. Give the person a copy of the warrant. Advise the person that the authorised person is permitted by the warrant to enter the place; Give the person an opportunity to allow the authorised person immediate entry to the place Page 2 of 3 without using force. Enter Premises.

Powers on Entry

Upon entering a place an authorised person may (s123(1)):  search any part of the place the authorised person is authorised to search;  inspect, test, photograph, or film anything in or on the place;  copy a document in or on the place;  take samples of or from anything in or on the place;  take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under Chapter 5, Part 3 of the Animal Management (Cats and Dogs) Act 2008 (the Act);  require the occupier of the place, or a person in or on the place, to give the authorised person reasonable help to exercise the authorised person’s powers.

Seizure Powers

Upon entering a place an authorised person may seize a dog if the person reasonable believes the dog (s125(1)(a)):  has attacked, threatened to attack or acted in a way that causes fear to, a person or another animal; or  is or may be, a risk to community health or safety.

An authorised person may also seize a dog if it is a restricted dog and (s125(1)(b)):  a permit application to keep the dog at has been refused; or  no restricted dog permit has been issued for the dog and the authorised person reasonably believes there is a risk the dog may be concealed or moved to avoid a requirement under the Act.

of 3 An authorised person may also seize a dog if it is a regulated dog if (s125(1)(c)):  a compliance notice has been given in relation to the dog and the authorised person reasonably believes the notice has not been complied with; or  the place is a public place, the person may seize the dog if it is not under anyone’s effective control.

An authorised person may also seize a dog if (s125(2)):  a dog is in a place which is a public place, and the dog is not under anyone’s effective control.