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Trade Marks Act 2002

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

134M: Powers of entry and search under warrant

You could also call this:

"How police can search a place with a special permission slip"

When someone has a search warrant, they can do several things. You can enter and search a place or thing mentioned in the warrant at a reasonable time. You can ask anyone to help with the search, including members of a hapū or iwi if the place is culturally or spiritually important to them. You can use reasonable force to enter and search. You can take things that the warrant allows you to take.

You can bring and use equipment for the search, or use equipment you find there. You can use electricity from the place to run the equipment. You can copy documents that you're allowed to take. You can take photos, videos, or sound recordings of the place and things you find if you think they might be useful later.

While you're searching, you can secure the place or things for a reasonable time. You can stop people from entering the area or tell them what to do if you think they might get in the way of the search.

There might be some rules about how you can use these powers, which are set out in another part of the law. Also, there are some other rules about how to carry out the search that apply to you, just like they would apply to a police officer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4125634.

Topics:
Crime and justice > Police and safetyMāori affairs > Treaty of Waitangi
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134L: When search warrant is executed, or

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

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134N: Powers of persons called to assist, or

"People helping with searches must follow instructions and can do specific tasks"

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

134MPowers of entry and search under warrant

  1. Every search warrant authorises the person executing it to do any of the following:

  2. to enter and search the place or thing that the person is authorised to enter and search, and any item or items found in that place, at any time that is reasonable in the circumstances:
    1. to request any person to assist with the entry and search (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi):
      1. to use any force that is reasonable for the purposes of the entry and search:
        1. to seize any thing authorised to be seized:
          1. to bring and use in or on the place or thing searched any equipment, to use any equipment found on the place or thing, and to extract any electricity from the place or thing to operate the equipment that it is reasonable to use in the circumstances, for the purposes of carrying out the entry and search:
            1. to copy any document, or part of a document, that may lawfully be seized:
              1. to take photographs or sound or video recordings of the place or thing searched, and of any thing found in that place, if the person exercising the power has reasonable grounds to believe that the photographs or sound or video recordings may be relevant in any proceedings related to the entry and search.

                1. The person executing the warrant may, in a manner and for the duration that is reasonable for the purposes of carrying out the search,—

                2. secure the place or thing searched, any area within that place or thing, or any thing found within that place or thing; and
                  1. exclude any person from the place or thing searched, or from any area within the place or thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of the power.

                    1. The powers conferred by this section are subject to any conditions imposed under section 134I(3)(b).

                    2. Section 198B of the Summary Proceedings Act 1957 applies with all necessary modifications as if for each reference to a constable there were substituted a reference to the person authorised to execute the search warrant.

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