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Motor Vehicle Sales Act 2003

Enforcement - Information-gathering powers - Search warrants

130: Issue of warrant

You could also call this:

"Getting a search warrant to look for things that break the Motor Vehicle Sales Act 2003"

Illustration for Motor Vehicle Sales Act 2003

You can get a search warrant for a place if an issuing officer thinks something is there that breaks the Motor Vehicle Sales Act 2003. The issuing officer must follow the rules in the Search and Surveillance Act 2012 to make the application. This means they must believe the thing is at the place and it is related to a crime under the Motor Vehicle Sales Act 2003. You can get a search warrant if the thing has been used to commit a crime or will be used to commit a crime under the Motor Vehicle Sales Act 2003. The thing might also be evidence of a crime under the Motor Vehicle Sales Act 2003. The rules in Part 4 of the Search and Surveillance Act 2012 apply to search warrants. Some rules in the Search and Surveillance Act 2012 only apply to police officers. These rules are in sections 118 and 119 of the Search and Surveillance Act 2012. You must follow these rules when a police officer is involved in a search 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=DLM188924.

Topics:
Crime and justice > Police and safetyMoney and consumer rights > Consumer protection
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Part 4Enforcement
Information-gathering powers: Search warrants

130Issue of warrant

  1. Any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant for any place if satisfied, on application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012, that there are reasonable grounds for believing that there is at that place any thing—

  2. in respect of which an offence under this Act has been or is being committed; or
    1. that has been, is being, or is intended to be used by any person for the commission of an offence under this Act; or
      1. that is or may be evidence of the commission of an offence under this Act by any person.

        1. The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

        2. Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

        Notes
        • Section 130(1): amended, on , by section 284(2) of the Search and Surveillance Act 2012 (2012 No 24).
        • Section 130(2): replaced, on , by section 284(3) of the Search and Surveillance Act 2012 (2012 No 24).
        • Section 130(3): inserted, on , by section 284(3) of the Search and Surveillance Act 2012 (2012 No 24).