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Serious Fraud Office Act 1990

General provisions relating to warrants and exercise of powers under Parts 1 and 2 - General provisions relating to warrants

17: Notice that warrant has been executed, etc

You could also call this:

"What happens after a search warrant is carried out"

Illustration for Serious Fraud Office Act 1990

When a warrant is executed under the Serious Fraud Office Act 1990, you need to know what happens next. If you are the person executing the warrant, you must leave a written notice at the place you searched before you leave. This notice must state the date and time of the search, and the name of the person in charge of the search, if the owner or occupier is not present. You also need to leave an inventory of any documents or things you removed from the place during the search. This inventory must state which documents or things were removed, where they were removed from, and where they are now held. If it is not possible to prepare the inventory before you leave, or if the owner or occupier agrees, you can leave a notice saying that the inventory will be given within 7 days of the search. You must then give the inventory to the owner or occupier within 7 days. The inventory does not need to include any documents or things that are returned to the owner or occupier before the inventory is given. It can also refer to groups of documents or things removed, rather than each individual item.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM211444.

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"Showing proof when searching a place with a warrant"

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Part 3General provisions relating to warrants and exercise of powers under Parts 1 and 2
General provisions relating to warrants

17Notice that warrant has been executed, etc

  1. Any person executing any warrant issued under this Act shall, before departing from the place searched, leave in a prominent position at that place a written notice stating,—

  2. in the case of a search carried out at a time when the owner or occupier is not present,—
    1. the date and time of the execution of the warrant; and
      1. the name of the person in charge of the search; and
      2. in the case of a search where any document or other thing is removed from the place being searched, an inventory of documents or other things removed from the place during the search.

        1. If it is not practicable to prepare such an inventory before departing, or if the owner or occupier of the place being searched consents, the person executing the warrant—

        2. may, instead of leaving an inventory, leave a notice stating that an inventory will be given within 7 days of the search; and
          1. shall, within 7 days of the search, give the inventory to the owner or occupier of the place searched.

            1. Every inventory required under this section shall state—

            2. which documents or other things were removed in the course of executing the warrant; and
              1. from where those documents or things were removed; and
                1. where those documents or things are now held.

                  1. Notwithstanding subsection (3), any such inventory—

                  2. need not refer to any document or thing that is returned to the owner or occupier of the place searched before the inventory is given:
                    1. may refer to groups of documents or things removed, rather than to each document and thing.