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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:

“Taking things from private property when they're involved in breaking the law”

You can get permission to take property from private land if it’s involved in a crime. An issuing officer, who is like a judge, can give this permission. They will give a warrant, which is a special document that allows an enforcement officer to enter private property and take the property.

To get this warrant, the enforcement officer needs to ask for it in a specific way. The issuing officer will only give the warrant if they think the property was really involved in the crime and if it makes sense to take it.

Before asking for a warrant, the enforcement officer must tell the person doing the crime to stop. They need to warn the person that if they don’t stop, the officer will ask for a warrant. The officer also needs to give the person a fair chance to stop what they’re doing.

Some people can’t be issuing officers for this. The mayor, anyone elected to the local authority, and anyone who works for the local authority can’t give these warrants.

There are other rules about how to use these warrants. These rules are in Part 4 of a law called the Search and Surveillance Act 2012. But two parts of that law (section 118 and section 119) don’t apply to these warrants.

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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 > Criminal law
Crime and justice > Police and safety
Government and voting > Local councils
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164: Seizure of property not on private land, or

“Police can take things used for breaking rules in public places”

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166: Conditions for exercise of warrant to seize property on private land, or

“Rules for taking things from private land with a special permission slip”

Part 8 Regulatory, 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).