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Radiocommunications Act 1989

Enforcement and remedies - Powers to obtain evidence

120: Powers to obtain evidence

You could also call this:

"When can officials search you for breaking radiocommunications rules?"

Illustration for Radiocommunications Act 1989

You can be searched if you break the Radiocommunications Act 1989. An employee from the Ministry of Economic Development or a constable can search you. They need a warrant to do this, which they get from an issuing officer. You can be searched at any time, day or night. The employee or constable can look at and take documents and radio equipment. They must follow the rules in the Search and Surveillance Act 2012. The issuing officer gives the warrant if they think you have broken the law. The warrant says where the search can happen. The Search and Surveillance Act 2012 has rules that the employee or constable must follow.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM197358.

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Part 14Enforcement and remedies
Powers to obtain evidence

120Powers to obtain evidence

  1. Subject to this section, any employee of the Ministry of Economic Development authorised in writing by the Secretary for the purpose, or a constable, may, where there are reasonable grounds for believing that any person has committed or is committing an offence against this Act or against any regulations made under section 134(1)(g), at any time in the day or night, enter upon and search any premises, building, aircraft, ship, carriage, vehicle, box, receptacle, or place and—

  2. inspect and remove any documents in the possession of, or under the control of, any person, and take copies of or extracts from any such documents; and
    1. inspect and remove any radio apparatus or interfering equipment in the possession of, or under the control of, any person.

      1. No person shall exercise the powers conferred by subsection (1) unless the person obtains a warrant authorising that person to exercise those powers in accordance with subsection (3).

      2. Where any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) is 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 any person has committed or is committing an offence against this Act, or against any regulations made under section 134(1)(g), that issuing officer may, by warrant, authorise an employee of the Ministry of Economic Development authorised for the purpose, or a constable, to exercise the powers conferred by subsection (1) in relation to any premises, building, aircraft, ship, carriage, vehicle, box, receptacle, or place specified in the warrant.

      3. The provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply.

      Notes
      • Section 120(1): amended, on , pursuant to section 5(a) of the Ministry of Economic Development Act 2000 (2000 No 28).
      • Section 120(3): amended, on , by section 295(2)(a) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 120(3): amended, on , by section 295(2)(b) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 120(3): amended, on , pursuant to section 5(a) of the Ministry of Economic Development Act 2000 (2000 No 28).
      • Section 120(4): inserted, on , by section 295(3) of the Search and Surveillance Act 2012 (2012 No 24).