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Trade Marks Act 2002

Legal proceedings - Enforcement officers - General provisions that apply to powers of entry and search, and entry and examination

134Q: Inventory of things seized

You could also call this:

"Making a list of items taken during a search"

When someone enters and searches or examines a place, they need to make a list of the things they take. They must do this right away or within 7 days. They have to give this list to the person who lives there and anyone else they think owns the things taken.

The list must say what was taken and include a copy of the document that gave them permission to search or examine. The list also needs to tell people about their rights. These rights include being able to see the things taken and look at documents about why the search happened.

The list should also say that people can claim if any private or secret information was taken. If the person who lives there doesn't own any of the things taken, they don't need to get the list.

If no one is home when things are taken, the list and permission document can be left in an obvious place. The person doing the search or examination needs to try hard to find out who should get this information.

There are some special rules about this process in sections 134R and 134S of the law.

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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=DLM4124337.

Topics:
Crime and justice > Police and safetyBusiness > Intellectual property
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134P: Powers and duties of person exercising power of entry and search or power of entry and examination, or

"Rules for people who come to search or check your place"

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134R: Compliance with certain provisions may be deferred in certain circumstances, or

"Sometimes you can wait to tell people about a search if it keeps everyone safe"

Part 4Legal proceedings
Enforcement officers: General provisions that apply to powers of entry and search, and entry and examination

134QInventory of things seized

  1. A person who exercises a power of entry and search or a power of entry and examination must, at the time he or she seizes any thing, or as soon as practicable after the seizure of any thing, and in any case not later than 7 days after that seizure, provide to the occupier, and to every other person whom the person who carried out the search or examination has reason to believe is the owner of the thing that was seized,—

  2. written notice specifying what was seized; and
    1. a copy of the authority referred to in section 134P(1)(b)(i).

      1. A written notice referred to in subsection (1)(a)—

      2. must contain information about the extent to which a person from whom a thing was seized or the owner of the thing has a right—
        1. to have access to the thing; and
          1. to have access to any document relating to the application for a search warrant or the exercise of the power of entry and examination that led to the seizure; and
          2. must contain information about the right to bring a claim that any privileged or confidential information has been seized; but
            1. need not be provided to the occupier if the person who carries out the search or examination is satisfied that none of the things seized are owned by the occupier.

              1. If the occupier is not present at the time of seizure, the written notice referred to in subsection (1)(a) and a copy of the authority referred to in section 134P(1)(b)(i) may be provided to the occupier by leaving the notice in a prominent position at the place or on the thing.

              2. A person who exercises a power of entry and search or a power of entry and examination must make reasonable inquiries for the purposes of complying with subsections (1) and (2).

              3. Subsection (1) is subject to subsections (2) and (3).

              4. This section is subject to sections 134R and 134S.

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