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Trade in Endangered Species Act 1989

Endangered Species Officers

38: Powers of search

You could also call this:

"Searching places and things to protect endangered species"

Illustration for Trade in Endangered Species Act 1989

If you are an Endangered Species Officer, you can search a vehicle, land, or premises if you have entered it under section 37(1). You can open any containers or boxes on the vehicle, land, or premises, even if you have to use force. You can search a dwellinghouse, marae, or building associated with a marae if you have a search warrant. To get a search warrant, an officer must apply in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012. The officer must believe that there is something in the dwellinghouse, marae, or building that does not comply with the Trade in Endangered Species Act. A search warrant is also needed to enter other land or premises to exercise the power under section 37(1)(d). The rules in Part 4 of the Search and Surveillance Act 2012 apply when searching.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM146592.

Topics:
Environment and resources > ConservationCrime and justice > Police and safety
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37: Rights of entry, or

"Inspecting places and vehicles to enforce endangered species laws"

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Part 3Endangered Species Officers

38Powers of search

  1. Subject to subsection (2), any officer who has entered any vehicle, land, or premises (including a dwellinghouse and a marae and a building associated with a marae) under section 37(1) may search that vehicle, land, or premises and open (by force if necessary) any bulk cargo container, packing case, crate, box, or any other form of receptacle on that vehicle, land, or premises.

  2. Any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on application made by an officer in the manner provided in subpart 3 of Part 4 of that Act, is satisfied that there is in any dwellinghouse or any marae or a building associated with a marae—

  3. any specimen of an endangered, threatened, or exploited species that there is reasonable ground to believe—
    1. has been traded otherwise than in accordance with this Act; or
      1. is intended to be traded otherwise than in accordance with this Act; or
      2. any thing which there is reasonable ground to believe may be evidence of the commission of any offence against this Act; or
        1. any thing which there is reasonable ground to believe is intended to be used for the purpose of committing any such offence—
            1. may issue a search warrant to every officer named in the warrant.

          1. A search warrant is also required pursuant to subsection (2) in the case of entry to any other land or premises for the purpose of the exercise of the power under section 37(1)(d).

          2. The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

          Notes
          • Section 38(2): amended, on , by section 4(1) of the Trade in Endangered Species Amendment Act 2015 (2015 No 38).
          • Section 38(2): amended, on , by section 4(2) of the Trade in Endangered Species Amendment Act 2015 (2015 No 38).
          • Section 38(2): amended, on , by section 303(4)(a) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 38(2): amended, on , by section 303(4)(b) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 38(3): added, on , by section 10 of the Trade in Endangered Species Amendment Act 1998 (1998 No 17).
          • Section 38(4): inserted, on , by section 303(5) of the Search and Surveillance Act 2012 (2012 No 24).