Fact Sheet Role and Powers of Authorised Persons

Fact Sheet Role and Powers of Authorised Persons

<p>Fact Sheet — Role and Powers of Authorised Persons</p><p>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. </p><p>Entry with consent process</p><p>Complete approval authority form (see AP Form 3 Acknowledgement of Agreement to Enter Property)</p><p>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.</p><p>Owner Signs Form</p><p>YES NO</p><p>Proceed with purpose Exit the premises. as described on form. Seek alternative E.g. Conduct methods of entering inspection. property eg. Apply for Warrant.</p><p>Page 1 of 3 Entry with warrant process</p><p>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).</p><p>Complete written application or a approved form (see AP Form 4 – Warrant to Enter). </p><p>Contact magistrate in writing.</p><p>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.</p><p>Magistrate issues warrant.</p><p>Copy sent to Authorised Officer person via completes a email or fax. form of warrant. </p><p>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.</p><p>Powers on Entry</p><p>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.</p><p>Seizure Powers</p><p>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.</p><p>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.</p><p>Page 3 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.</p><p>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.</p><p>Page 4 of 3</p>

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