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Trade Marks Act 2002

Legal proceedings - Enforcement officers - Enforcement officer's power of entry and examination without warrant

134E: What enforcement officer and person assisting may do when exercising power of entry and examination without warrant

You could also call this:

"What an enforcement officer can do when checking a place without a warrant"

When an enforcement officer enters a place to examine it without a warrant, they can do several things. They can look at everything in the place, including any documents. If they think something might be evidence of a crime under this law, they can take it. They can bring and use equipment to help them examine the place. They can also take photos or videos if they think these might be useful later. The officer can bring someone else to help them with the examination.

The person helping the enforcement officer can do some of these things too, but only if the officer tells them to. They can look at things, use equipment, take photos or videos, and take things the officer says they can take.

If the person who owns or uses the place lets the officer in but then changes their mind, the officer and anyone helping must stop looking around and leave right away. But before they go, the officer can take anything they've already found that they think is evidence of a crime.

If a police officer is helping, they can still use all their usual police powers. There are some other rules about this in sections 134P to 134S of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4125620.

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134D: Enforcement officer’s power of entry and examination without warrant, or

"Police can check shops and stalls to make sure everything is okay"

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Part 4Legal proceedings
Enforcement officers: Enforcement officer's power of entry and examination without warrant

134EWhat enforcement officer and person assisting may do when exercising power of entry and examination without warrant

  1. The power of entry and examination conferred by section 134D authorises an enforcement officer to do any of the following:

  2. examine the place and all things, including any document:
    1. seize any thing that he or she has reasonable grounds to believe is evidence of, or of significant relevance to the investigation of, an offence under this Act:
      1. bring and use in or on the place equipment for the purposes of carrying out the examination:
        1. take photographs or sound or video recordings of the place, and of any thing found in that place, if the enforcement officer has reasonable grounds to believe that the photographs or sound or video recordings may be relevant in any proceedings (including future proceedings) related to the entry and examination:
          1. take any person to the place to assist him or her with the examination.

            1. A person who assists an enforcement officer exercising the power of entry and examination may, under the direction of the enforcement officer,—

            2. exercise any of the powers described in subsection (1)(a), (c), and (d); and
              1. seize any thing that the enforcement officer determines may lawfully be seized.

                1. If an enforcement officer enters and examines a place under section 134D(1)(c) and the occupier revokes his or her consent, the officer and any person assisting the enforcement officer must immediately stop the examination and leave the place.

                2. Subsection (3) is subject to subsection (5).

                3. The enforcement officer may, before leaving the place, seize any thing already identified by him or her before the revocation of consent as a thing that he or she has reasonable grounds to believe is evidence of, or of significant relevance to the investigation of, an offence under this Act.

                4. If a constable assists an enforcement officer, nothing in this section prevents that constable from exercising any power ordinarily exercisable by him or her.

                5. Sections 134P to 134S contain further provisions that apply to an enforcement officer's power of entry and examination.

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