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Oranga Tamariki Act 1989

Miscellaneous provisions - Search warrants

445B: Authority to use facsimile copy of warrant

You could also call this:

"Using a copy of a warrant when you don't have the original"

Illustration for Oranga Tamariki Act 1989

When a warrant is issued, you might not always get the original copy. A facsimile copy is a copy of the warrant sent by a facsimile machine, computer, or other electronic device. This copy can be used if a judge or other authorised person says it is okay.

A District Court Judge, Justice, Community Magistrate, or Registrar can authorise the use of a facsimile copy of a warrant. They can do this when the warrant is issued or later. The judge or other person must think that not using a facsimile copy would cause problems with the purpose of the warrant.

If a facsimile copy is authorised, the judge or other person must write on the original warrant that a facsimile copy can be used. They must also write the date and time when the authorisation ends, which is usually three days after it is given. The facsimile copy is then treated like the original warrant.

The law says that a facsimile copy of a warrant is just like the real warrant, so the same rules apply. This includes rules from section 122, section 157(2), section 205(2)(b), and section 296C. It also includes rules from section 44 of the Policing Act 2008, which protects police employees when they follow a warrant. A facsimile copy of a warrant can be used in the same way as the original warrant, and the same laws apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM155066.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safety
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445A: Person executing warrant to produce evidence of authority and identity, or

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

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445C: Issue and execution of warrants, or

"When the police get a special paper called a warrant to keep people safe, they can use it at any time."

Part 10Miscellaneous provisions
Search warrants

445BAuthority to use facsimile copy of warrant

  1. In this section, the term facsimile copy, in relation to a warrant, means a copy of the warrant that is produced by a facsimile machine, computer, or other electronic device when the warrant is sent by facsimile transmission.

  2. Any District Court Judge, Justice, Community Magistrate, or Registrar (not being a constable) may authorise the use of a facsimile copy of a warrant issued under section 122, 157(2), 205(2)(b), or 296C in the execution of that warrant.

  3. The use of a facsimile copy of a warrant may be authorised when the warrant is issued, or later.

  4. Subsection (2) is subject to subsection (3).

  5. No authorisation may be granted under subsection (2) in relation to a warrant unless the District Court Judge, Justice, Community Magistrate, or Registrar is satisfied, having regard to the circumstances of the case, that any delay in executing the warrant that may be caused if a facsimile copy is not able to be used for that purpose would or might unduly prejudice the purpose for which the warrant was issued.

  6. Where a District Court Judge, Justice, Community Magistrate, or Registrar grants an authorisation under subsection (2) in relation to a warrant, the Judge, Justice, Community Magistrate, or Registrar, as the case may be, shall endorse on the face of the warrant—

  7. the fact that a facsimile copy of the warrant may be used for the purpose of executing the warrant; and
    1. the date and time at which the authorisation expires, which shall be the close of the third day after the day on which the authorisation is granted,—
        1. and shall sign that endorsement.

      1. A facsimile copy of a warrant in respect of which an authorisation granted under this section is in force shall be treated, for all purposes, as if it were the warrant, and the provisions of this Act (including, without limitation, sections 445A and 445C and section 446(1)(a) and (b)) shall apply accordingly with all necessary modifications.

      2. Without limiting any other enactment or rule of law, it is hereby declared that section 44 of the Policing Act 2008 (which relates to protection of Police employees for acts pursuant to process) applies in relation to a facsimile copy of a warrant in respect of which an authorisation granted under this section is in force as if that facsimile copy were the warrant.

      Notes
      • Section 445B: inserted, on , by section 2(1) of the Children, Young Persons, and Their Families Amendment Act 1996 (1996 No 112).
      • Section 445B(2): replaced, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act 2007 (2007 No 46).
      • Section 445B(2): amended, on , by section 208(2) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 445B(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
      • Section 445B(2A): inserted, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act 2007 (2007 No 46).
      • Section 445B(2B): inserted, on , by section 4 of the Children, Young Persons, and Their Families Amendment Act 2007 (2007 No 46).
      • Section 445B(3): amended, on , by section 7 of the District Courts Amendment Act 1998 (1998 No 76).
      • Section 445B(4): amended, on , by section 7 of the District Courts Amendment Act 1998 (1998 No 76).
      • Section 445B(6): amended, on , by section 130(1) of the Policing Act 2008 (2008 No 72).