Trade Marks Act 2002

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

134F: Enforcement officer or constable may apply for search warrant

You could also call this:

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

An enforcement officer or a police officer can ask for permission to search a place or thing. They need to ask a special person called an issuing officer. This could be a District Court Judge, Justice of the Peace, Community Magistrate, or a Registrar of the District Court who is not a police officer.

The issuing officer can give permission for the search if they believe there's a good reason. They might think that someone has broken the law about trade marks at that place or with that thing. Or they might think there's something at that place that shows someone broke the law or was planning to break it.

If the issuing officer says yes, they will give a search warrant. There are special rules about how to use these search warrants. These rules are written in other parts of the law, from section 134G to 134S.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4124386.


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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"


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134G: Application for search warrant, or

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

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

134FEnforcement officer or constable may apply for search warrant

  1. An enforcement officer or a constable may apply for a search warrant to search a place or thing.

  2. Any District Court Judge, Justice of the Peace, Community Magistrate, or any Registrar of the District Court (not being a constable) (the issuing officer) may, on an application by an enforcement officer or a constable, issue a search warrant to search a place or thing if the issuing officer is satisfied that there are reasonable grounds for believing that—

  3. an offence under this Act has been, or is being, committed at the place or involving the thing; or
    1. there is at, in, on, over, or under the place or thing, any thing that is—
      1. evidence of an offence under this Act; or
        1. intended to be used for the purpose of committing an offence under this Act.
        2. Sections 134G to 134S apply in respect of every search warrant applied for and issued under this section.

        Notes
        • Section 134F: inserted, on , by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).
        • Section 134F(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).