Trade Marks Act 2002

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

134J: Transmission of search warrant

You could also call this:

"How a search can happen without the actual warrant"

If the person in charge of carrying out a search can't have the actual search warrant with them when they do the search, they can use other documents instead. These documents are treated the same as the real warrant. They can use either:

  1. A fax or electronic copy of the warrant that the official who issued it has sent, or
  2. A copy of the words of the warrant that someone has made because the official who issued it told them to. The person who made this copy needs to write on it that they made it because the official told them to.

These other documents work just like the real warrant when the search is being done.

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134I: Form and content of search warrant, or

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


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134K: Retention of documents, or

"Rules for keeping papers about search warrants"

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

134JTransmission of search warrant

  1. If it is not possible for the person charged with executing the warrant to have it in his or her possession at the time of execution, 1 of the following documents (which is deemed for all purposes to constitute the warrant) may be executed:

  2. a fax or other electronic copy of a warrant issued by the issuing officer:
    1. a copy of the text of a warrant, made at the direction of the issuing officer, and endorsed to that effect by the person who made the copy.
      Notes
      • Section 134J: inserted, on , by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).