Regional council officials can search private property without a search warrant, the Environment Court has ruled.
But their powers are limited to routine inspections, and they still need warrants to search whenever officials suspect an offence has been committed.
Environment Waikato asked the court to clarify the extent of its officials' powers
after confrontations when consent-holding landowners refused to let staff on to their properties.
Lawyers for Tracker Demolition and Cox Brothers Contracting argued that an entry and search required separate, specific written authorisation.
The regional council successfully argued that its officials' warrant of appointment bore that authorisation and no specific permission was needed.
In his decision, Judge Gordon Whiting noted the "considerable divergence" between councils' and property owners' views on the powers officials have under the Resource Management Act.
He favoured the council's interpretation.
- NZPA
Herald feature: Environment
