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Search and Surveillance Act 2012

Police powers - Rules about search warrant powers in relation to places, vehicles, and other things

6: Issuing officer may issue search warrant

You could also call this:

"A police officer can get a special permit to search a place if they think a crime has happened."

An issuing officer can give a search warrant to look at a place, vehicle, or thing if a constable asks for it. The issuing officer must think there are good reasons to suspect a crime has happened, is happening, or will happen. The issuing officer must also think the search will find evidence of the crime in or on the place, vehicle, or thing. You can find more information about when this section does not apply in section 18D. This rule does not apply if the search warrant is issued under certain circumstances, which are explained in another part of the law.

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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=DLM2136635.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal law
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5: Purpose, or

"What the Search and Surveillance Act 2012 is trying to achieve in simple terms is: to balance law enforcement with protecting your rights."

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7: Entry without warrant to arrest person unlawfully at large, or

"Police can enter a place to arrest someone who is hiding and not supposed to be free."

Part 2Police powers
Rules about search warrant powers in relation to places, vehicles, and other things

6Issuing officer may issue search warrant

  1. An issuing officer may issue a search warrant, in relation to a place, vehicle, or other thing, on application by a constable if the issuing officer is satisfied that there are reasonable grounds—

  2. to suspect that an offence specified in the application and punishable by imprisonment has been committed, or is being committed, or will be committed; and
    1. to believe that the search will find evidential material in respect of the offence in or on the place, vehicle, or other thing specified in the application.

      1. This section does not apply to an application for a search warrant issued under section 18D.

      Notes
      • Section 6(2): inserted, on , by section 19 of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).