Trade Marks Act 2002

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

134K: Retention of documents

You could also call this:

"Rules for keeping papers about search warrants"

When someone asks for a search warrant, the District Court needs to keep a copy of the request. If the request was made verbally, the court officer needs to write it down. The court keeps these documents at the office where the request was made or the closest District Court office. They keep them until any court cases using the warrant are finished. If there are no court cases, they keep the documents for two years.

If you get a search warrant, you need to keep the warrant itself, a copy of your written request (if you made one), and any other documents you used to support your request. You need to keep these until any court cases about the warrant are finished. If there are no court cases, you need to keep the documents until the Public Records Act 2005 or another law says you can destroy them or give them to someone else.

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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=DLM4125630.


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134J: Transmission of search warrant, or

"How a search can happen without the actual warrant"


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134L: When search warrant is executed, or

"When a search is finished and the warrant is completed"

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

134KRetention of documents

  1. A copy of every written application for a search warrant or, in the case of a verbal application, the written record of the application made by the issuing officer must be retained at the office of the District Court at which, or the office of the District Court that is closest to the place at which, the application was made, until,—

  2. in a case where a search warrant is issued, the completion of any proceedings in respect of which the search warrant may be in issue; and
    1. in any other case, the expiry of 2 years after the documents were first retained by that office of the District Court.
      1. An applicant to whom a search warrant is issued must retain the warrant, a copy of the application (if made in written form), and all documents tendered by the applicant in support of the application until,—

      2. in the case of a warrant that is executed, the completion of any proceedings in respect of which the validity of the warrant may be in issue; and
        1. in any other case, the destruction or transfer of the warrant and other documents is required by the Public Records Act 2005 or any other enactment or rule of law.
          Notes
          • Section 134K: inserted, on , by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).
          • Section 134K(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 134K(1)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).