Plain language law

New Zealand law explained for everyone

Trade Marks Act 2002

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

134H: Mode of application for search warrant

You could also call this:

"How to ask for permission to search a place"

You need to know how to apply for a search warrant. Usually, you must write your application on a special form. You can send this form electronically to the person who decides if you can have a warrant. This person is called an issuing officer.

Normally, you must go and see the issuing officer in person when you apply. But sometimes, you can ask for a warrant by talking on the phone instead. This might happen if waiting to see the officer in person would make the search less effective.

For the issuing officer to let you apply by phone, they need to be sure that they can decide properly just by talking to you. You also need to give them all the important information they would usually get in writing.

If the issuing officer lets you apply by phone, they must write down why you asked for the warrant as soon as they can.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM4125625.

Topics:
Crime and justice > Police and safety
Previous

134G: Application for search warrant, or

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

Next

134I: Form and content of search warrant, or

"How search warrants are written and what they must include"

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

134HMode of application for search warrant

  1. Unless subsection (3) applies, an application for a search warrant—

  2. must be in writing; and
    1. must be in the prescribed form (if any); and
      1. may be transmitted to the issuing officer electronically.

        1. The applicant must appear in person before the issuing officer, unless subsection (3) applies.

        2. An issuing officer may allow an application for a search warrant to be made verbally (for example, by telephone call) and excuse the applicant from making a personal appearance if the issuing officer is satisfied that—

        3. the delay that would be caused by requiring an applicant to appear in person would compromise the effectiveness of the search; and
          1. the question of whether the warrant should be issued can properly be determined on the basis of a verbal communication (including the information described in paragraph (c)); and
            1. the information required by section 134G(1) to (3) has been supplied to the issuing officer.

              1. An issuing officer who allows an application for a search warrant to be made verbally must record the grounds for the application as soon as practicable.

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