Plain language law

New Zealand law explained for everyone

Gambling Act 2003

Harm prevention and minimisation, enforcement, and other matters - Gambling inspectors - Search warrants

340: Search warrants

You could also call this:

"Police or inspectors can get a special permit to search a place if they think a gambling crime has happened there"

Illustration for Gambling Act 2003

If you are a gambling inspector or a constable, you can apply for a search warrant to search a place or thing. You must apply in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012 to an issuing officer. The issuing officer is defined in section 3 of that Act.

You can get a search warrant if there are reasonable grounds for believing that an offence has been committed at the place or involving the thing, or if there is evidence of an offence in, on, over, or under the place or thing. The provisions of Part 4 of the Search and Surveillance Act 2012 apply to search warrants, but with some exceptions. For example, sections 118 and 119 of that Act only apply to warrants issued to a named constable or every constable.

In this section, an offence means an offence against the Gambling Act, or a crime involving dishonesty that involves or relates to gambling or the conduct of gambling. This definition also applies to section 344. You should understand what these terms mean to know how search warrants work.

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 It might be out of date or be missing some parts.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=DLM210290.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyMoney and consumer rights > Gambling
Previous

339: Functions and powers of Police, or

"What jobs the Police must do and what powers they have to control gambling."

Next

341: Form and content of search warrant, or

"What needs to be on a police search warrant paper"

Part 4Harm prevention and minimisation, enforcement, and other matters
Gambling inspectors: Search warrants

340Search warrants

  1. A gambling inspector or constable may apply for a search warrant to search a place or thing.

  2. An application must be made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012 to an issuing officer (within the meaning of section 3 of that Act).

  3. The issuing officer may issue a search warrant to a gambling inspector or a constable if there are reasonable grounds for believing that—

  4. an offence has been, or is being, committed at the place or involving the thing:
    1. there is in, on, over, or under the place or thing, any thing that is evidence of an offence.

      1. Subject to subsection (3B), the provisions of Part 4 of the Search and Surveillance Act 2012 apply.

      2. Despite subsection (3A), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or every constable.

      3. In this section and section 344, offence means—

      4. an offence against this Act; or
        1. a crime involving dishonesty that involves or relates to gambling or the conduct of gambling.

          Compare
          • 1977 No 84 s 117
          Notes
          • Section 340(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 340(2): replaced, on , by section 254(7) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 340(3): amended, on , by section 254(8) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 340(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 340(3A): inserted, on , by section 254(9) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 340(3B): inserted, on , by section 254(9) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 340(4): amended, on , by section 254(10) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 340(4)(b): amended, on , by section 116 of the Gambling Amendment Act 2015 (2015 No 3).