Trade Marks Act 2002

Legal proceedings - Enforcement officers - Other powers of enforcement officers

134X: Enforcement officer may apply for production order

You could also call this:

"Police can ask a judge to see important papers for investigating trademark crimes"

If an enforcement officer thinks you might have documents that are important for investigating certain offences, they can ask a judge for permission to look at those documents. The officer needs to believe that you have these documents and that they are related to offences mentioned in sections 120 to 124 of the law.

When the officer asks the judge for this permission, they have to do it in a specific way. They need to write down their request and use a special form if there is one. They must promise that what they're saying is true, explain in detail why they want to see the documents, and describe which documents they're looking for.

The officer can't just come and take the documents. They need to get permission from the judge first, and they have to follow these steps to ask for it properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4124369.


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"Officials can sell or throw away things that might go bad quickly"


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134Y: Judge may order documents to be produced, or

"Judge can ask for important trade mark papers"

Part 4Legal proceedings
Enforcement officers: Other powers of enforcement officers

134XEnforcement officer may apply for production order

  1. If an enforcement officer believes on reasonable grounds that a person has in his or her possession, custody, or control, 1 or more documents that are evidence of, or may be of significant relevance to the investigation of, an offence against any of sections 120 to 124, the enforcement officer may apply to a District Court Judge for an order requiring the person to produce the documents for inspection by an enforcement officer.

  2. An application by an enforcement officer for an order under subsection (1) must—

  3. be in writing; and
    1. be in the prescribed form (if any); and
      1. be made on oath; and
        1. set out, in reasonable detail, the grounds for the application; and
          1. provide details of the documents in respect of which the order is sought.
            Notes
            • Section 134X: inserted, on , by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).