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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Enforcement powers - Seizure of property

165: Seizure of property from private land

You could also call this:

"Police can take things from private land if they have a special permit and think a crime is happening there"

If you are an enforcement officer, you can get a warrant to enter private property and seize things if a crime is being committed there. You must apply for the warrant in a certain way, as outlined in the Search and Surveillance Act 2012. The person giving you the warrant must be satisfied that the things you want to seize are involved in the crime, and it's reasonable to take them.

The person giving you the warrant must also be satisfied that you've told the person committing the crime to stop, and given them a chance to stop before applying for the warrant. You can find more information about this in the Search and Surveillance Act 2012. Some people, like the mayor or employees of the local authority, cannot give you the warrant.

If you get a warrant, you must follow the rules outlined in Part 4 of the Search and Surveillance Act 2012, except for sections 118 and 119. This means you have to do things like tell the person why you're seizing their things, and give them a copy of the warrant.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173427.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal lawGovernment and voting > Local councils
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Part 8Regulatory, enforcement, and coercive powers of local authorities
Enforcement powers: Seizure of property

165Seizure of property from private land

  1. An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a warrant authorising an enforcement officer to enter private property involved in the commission of an offence, and seize and impound property.

  2. A warrant may be issued only if—

  3. the application for it is made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012; and
    1. the issuing officer is satisfied that—
      1. the property is materially involved in the commission of an offence; and
        1. it is reasonable in the circumstances for the property to be seized; and
          1. the enforcement officer has directed the person committing the offence to stop committing the offence and has advised the person that, if he or she fails to do so, the enforcement officer intends to apply for a warrant; and
            1. the enforcement officer has given the person committing the offence a reasonable opportunity to stop committing the offence.

            2. None of the following persons may act as an issuing officer under this section:

            3. the mayor or any elected member of the local authority:
              1. any employee of the local authority.

                1. The provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply as if a warrant issued under subsection (1) were a search warrant.

                Notes
                • Section 165(1): amended, on , by section 270(1) of the Search and Surveillance Act 2012 (2012 No 24).
                • Section 165(2)(a): amended, on , by section 270(2) of the Search and Surveillance Act 2012 (2012 No 24).
                • Section 165(2)(b): amended, on , by section 270(3) of the Search and Surveillance Act 2012 (2012 No 24).
                • Section 165(3): replaced, on , by section 270(4) of the Search and Surveillance Act 2012 (2012 No 24).
                • Section 165(4): replaced, on , by section 270(4) of the Search and Surveillance Act 2012 (2012 No 24).