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Trade Marks Act 2002

Legal proceedings - Enforcement officers - Entry and search under search warrant

134G: Application for search warrant

You could also call this:

"How to ask for permission to search for trade mark stuff"

When you want to search a place or thing for items related to trade marks, you need to ask for a search warrant. To do this, you must give detailed information about your request. You need to tell the person in charge:

Your name and which part of the law lets you ask for a warrant. You also need to explain why you want to search. You have to describe the place or thing you want to search and what items you're looking for there.

You need to say how long you want the warrant to last. If you think you might need to search more than once, you have to explain why.

The person in charge might ask you for more information about why you want to search. You also need to tell them if anyone else has asked to search the same place or thing in the last three months, and what happened with those requests.

Before you ask for a warrant, you need to check with the people you work with to see if anyone else has already asked to search the same place.

If the person in charge agrees, they might let you search more than once during the time the warrant is valid.

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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=DLM4124327.

Topics:
Business > Intellectual propertyCrime and justice > Police and safety
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134F: Enforcement officer or constable may apply for search warrant, or

"Police or trade mark officers can ask a judge for permission to search"

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134H: Mode of application for search warrant, or

"How to ask for permission to search a place"

Part 4Legal proceedings
Enforcement officers: Entry and search under search warrant

134GApplication for search warrant

  1. An application for a search warrant must contain, in reasonable detail, the following particulars:

  2. the name of the applicant:
    1. the provision of this Act authorising the making of the application:
      1. the grounds on which the application is made:
        1. the address or other description of the place or thing proposed to be searched:
          1. a description of the item or items believed to be at, in, on, over, or under the place or thing that are sought by the applicant:
            1. the period for which the warrant is sought:
              1. if the applicant wants to be able to execute the warrant on more than 1 occasion, the grounds on which execution on more than 1 occasion is believed to be necessary.

                1. The issuing officer may require the applicant to supply further information concerning the grounds on which the search warrant is sought.

                2. The applicant must disclose in the application—

                3. details of any other application for a search warrant that the applicant knows to have been made within the previous 3 months in respect of the place or thing proposed to be searched:
                  1. the result of that application or those applications.

                    1. The applicant must, before making an application for a search warrant, make reasonable inquiries within the agency in which the applicant is employed or engaged for the purpose of complying with subsection (3).

                    2. The issuing officer may authorise the search warrant to be executed on more than 1 occasion during the period in which the warrant is in force if he or she is satisfied that this is required for the purposes for which the warrant is being issued.

                    Notes
                    • Section 134G: inserted, on , by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).