Trade Marks Act 2002

Legal proceedings - Enforcement officers - Enforcement officer's power of entry and examination without warrant

134D: Enforcement officer’s power of entry and examination without warrant

You could also call this:

"Police can check shops and stalls to make sure everything is okay"

You should know about a power that enforcement officers have. They can enter and look at places where people are selling or showing goods. This is to help them do their job.

An enforcement officer can go into a place (called "place A") in these situations:

If place A is in a public area and it's open to everyone at that time.
If place A is a business, but only when it's open and only in the parts where customers can go.
If the person in charge of place A says it's okay. But before this happens, the officer must tell them:
- Why they want to come in and look around
- That they can say no
- That they can change their mind at any time
- That anything the officer takes might be used as evidence later

Place A can be many things like a tent, a stand, a car, or a caravan. But it can't be someone's home.

A public place is anywhere that people can go, even if they have to pay to get in.

If someone looks younger than 14 years old, they can't give permission for the officer to come in.

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This page was last updated on 13 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4124321.

Topics:

Crime and justice > Police and safetyBusiness > Fair tradingConsumer protection > Consumer protection

134C: Functions of enforcement officer, or

"Explaining what an enforcement officer does to make sure people follow the rules about trade marks"

134E: What enforcement officer and person assisting may do when exercising power of entry and examination without warrant, or

"What an enforcement officer can do when checking a place without a warrant"

Part 4Legal proceedings
Enforcement officers: Enforcement officer's power of entry and examination without warrant

134DEnforcement officer’s power of entry and examination without warrant

For the purpose of carrying out his or her functions, an enforcement officer may enter and examine any place (place A) where goods are being offered for sale, exposed for sale, or publicly displayed if—
place A is in a public place and the entry is made when place A is open to the public; or
place A is a place of business and the entry is made—
1. when it is open for carrying on business; and
2. only to those parts of it that are open to the public; or
the occupier of place A consents to the entry and examination after the enforcement officer has informed the occupier—
1. of the purpose of the entry and examination; and
2. that the occupier may refuse to give consent to the entry and examination; and
3. that the occupier may revoke his or her consent at any time; and
4. that any thing seized during the examination may be used in evidence in proceedings.

In subsection (1),—
place A—
includes (without limitation)—
1. a structure or tent, whether fully or partly erected; and
2. a stand or stall; and
3. a vehicle; and
4. a caravan, trailer, or other conveyance; but
does not include a private dwellinghouse

public place means any place that is open to or being used by the public, with or without payment by the public of a charge.

For the purposes of this section, any person who appears to be under 14 years of age may not be treated as the occupier.

Notes

Section 134D: inserted, on 7 October 2011, by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).