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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

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

You could also call this:

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

If you're searching a place or examining something as part of an investigation, you usually have to follow certain rules. These rules are about telling people what you're doing and giving them information. But sometimes, following these rules right away might not be safe or might make it hard to keep investigating.

If you think following the rules might put someone in danger or make it hard to keep investigating, you can ask a judge to let you wait before following the rules. You need to ask within 7 days of your search or examination.

If the judge agrees with you, they can say you can wait up to 12 months before following the rules. This gives you time to make sure everyone is safe and to finish your investigation without problems.

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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=DLM4124345.

Topics:
Crime and justice > Police and safety
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134Q: Inventory of things seized, or

"Making a list of items taken during a search"

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134S: Further extension to, or dispensation from, obligation to comply with certain provisions, or

"Asking for more time or to be excused from following rules about seized items"

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

134RCompliance with certain provisions may be deferred in certain circumstances

  1. A person exercising a power of entry and search or a power of entry and examination may apply to a District Court Judge for an order postponing the obligation to comply with section 134P(4) or (5) (in the case of a power of entry and search) or 134Q on the grounds that compliance would—

  2. endanger the safety of any person; or
    1. prejudice ongoing investigations under this Act or exercises of the power of entry and search or the power of entry and examination on subsequent occasions.

      1. An application may be made under subsection (1),—

      2. in the case of a search warrant, at the time of the initial application or until the expiry of 7 days after the warrant is finally executed; and
        1. in the case of the power of entry and examination, until the expiry of 7 days after the power of entry and examination is exercised.

          1. On an application under subsection (1), the District Court Judge may make an order postponing for a specified period not exceeding 12 months the obligation to comply with section 134P(4) or (5) or 134Q, if the Judge is satisfied on either ground set out in subsection (1).

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