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Oranga Tamariki Act 1989

Miscellaneous provisions - Search warrants

445A: Person executing warrant to produce evidence of authority and identity

You could also call this:

"When taking action with a warrant, you must show it and prove who you are."

Illustration for Oranga Tamariki Act 1989

When you are executing a warrant issued under section 122, section 157(2), section 205(2)(b), or section 296C, you must have the warrant with you. You must produce the warrant when you first enter the place and at any other time you are asked to. You must also identify yourself to anyone who asks who you are or why you are there.

If you are a police officer who is not wearing a uniform, you must show proof that you are a police officer. If you are a social worker, you must show proof that you are a social worker. If you are someone else who has been authorised by the warrant to take a child or young person into care, you must show proof that you are the person authorised to do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM155064.

Topics:
Crime and justice > Police and safety
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Part 10Miscellaneous provisions
Search warrants

445APerson executing warrant to produce evidence of authority and identity

  1. Any person executing any warrant issued under section 122 or section 157(2) or section 205(2)(b) or section 296C—

  2. shall have that warrant with them; and
    1. shall produce it on initial entry and, if requested, at any subsequent time; and
      1. shall identify themselves to any person in or on the dwellinghouse, building, aircraft, ship, carriage, vehicle, premises, or place who questions their right to enter or search the same or to take possession of the child or young person; and
        1. if the person is a constable who is not in uniform, shall produce evidence that the person is a constable; and
          1. if the person is a social worker, shall produce evidence that the person is a social worker; and
            1. if they are a person (not being a social worker) authorised by the warrant to take possession of the child or young person, shall produce evidence that they are the person so authorised.

              Compare
              • 1968 No 63 s 19(5)
              • 1983 No 76 s 2
              Notes
              • Section 445A: inserted, on , by section 2(1) of the Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112).
              • Section 445A: amended, on , by section 10 of the Children, Young Persons, and Their Families (Advocacy, Workforce, and Age Settings) Amendment Act 2016 (2016 No 98).
              • Section 445A: amended, on , by section 208(1)(a) of the Search and Surveillance Act 2012 (2012 No 24).
              • Section 445A: amended, on , by section 208(1)(b) of the Search and Surveillance Act 2012 (2012 No 24).
              • Section 445A: amended, on , by section 51 of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Act 2010 (2010 No 2).
              • Section 445A(a): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 445A(c): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 445A(d): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 445A(d): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
              • Section 445A(e): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 445A(f): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).