Commentary on Sections Overview of Part 4 Section 68 - Entry to land with a warrant
279.Subsection (1) provides that a warrant issued under section 67 can only confer a power to enter land at a reasonable time, other than where the circumstances in subsection (2) are satisfied. What is a reasonable time will depend on the circumstances. What is considered to be a reasonable time for the purposes of entering a dwelling is likely to be different to, for example, what is reasonable when entering land that is not residential land.
280.The restriction that a warrant conferring a power to enter land must be at a reasonable time does not apply if the justice of the peace is satisfied that the conditions in subsection (2) are met. Where this is the case, the warrant may confer a power to enter land at any time.
281.The conditions are that (a) a disused tip is unstable, and (b) the tip’s instability poses a threat to human welfare that requires immediate entry to the land (by force if necessary) for a purpose mentioned in section 65(1)(c) or (e).
282.Where a person is authorised to enter land, subsection (3) provides that before entering land they must produce the warrant and state the purpose of entry, if asked to do so by an owner or occupier of the land. They must leave the land as effectively secured against trespassers as they found it, if they leave the land at a time when no owner or occupier is present.