Plain language law

New Zealand law explained for everyone

Trade Marks Act 2002

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

134N: Powers of persons called to assist

You could also call this:

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

If someone is asked to help a person who is carrying out a search warrant, they must follow the instructions of the person in charge of the search. You can enter the place being searched and use reasonable force on property if the person in charge tells you to. You can search areas that the person in charge says are okay to search. You can also take things that the person in charge says you can take.

If the person in charge allows it, you can take photos, make sound recordings, and make video recordings of the place and things you find there. You can bring and use equipment, use equipment you find there, or use electricity from the place to run equipment if the person in charge says it's okay. You can also copy documents or parts of documents if the person in charge says you can.

If you're a police officer helping with the search, you can use any powers you normally have as a police officer. The person in charge of the search must go with any helpers when they first enter the place being searched. They also need to supervise the helpers in a reasonable way.

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 It might be out of date or be missing some parts.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=DLM4125636.

Topics:
Crime and justice > Police and safetyGovernment and voting > Government departments
Previous

134M: Powers of entry and search under warrant, or

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

Next

134O: Application of sections 134P to 134S, or

"Rules for entering and searching places under the Trade Marks Act"

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

134NPowers of persons called to assist

  1. Every person called on to assist a person executing a warrant is subject to the control of the person executing the warrant.

  2. Every person called on to assist a person executing a warrant may do any of the following:

  3. enter the place or thing to be searched:
    1. while in the company and under the direction of the person executing the warrant, use reasonable force in respect of any property for the purposes of carrying out the entry and search:
      1. search areas within the place or thing that the person executing the warrant determines may lawfully be searched:
        1. seize any thing that the person executing the warrant determines may lawfully be seized:
          1. take photographs and sound and video recordings of the place or thing and things found in the place or thing if the person executing the warrant determines that those things may lawfully be done:
            1. bring in or on to the place or thing and use any equipment, make use of any equipment found on the place or thing, or extract electricity from the place or thing for the purposes of operating the equipment that the person executing the warrant determines may lawfully be used:
              1. copy any document, or part of a document, that the person executing the warrant determines may lawfully be copied.

                1. If a constable is assisting another person executing the warrant, that constable may exercise any power ordinarily exercisable by him or her.

                2. The person executing the warrant must—

                3. accompany any assistant on the first occasion when the assistant enters the place or thing to be searched; and
                  1. provide such other supervision of any assistant as is reasonable in the circumstances.

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