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Search and Surveillance Act 2012

Amendments, repeals, and miscellaneous provisions - Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes - Amendments to Land Transport Act 1998

268: Amendments to Land Transport Act 1998

You could also call this:

"Changes to the Land Transport Act 1998 to help enforcement officers seize vehicles"

This section changes the Land Transport Act 1998. You can find the Land Transport Act 1998 on the New Zealand legislation website. Some parts of the Search and Surveillance Act 2012 now apply to the Land Transport Act 1998.

An enforcement officer can enter a building to seize a vehicle without a warrant. They can do this if they have been chasing the vehicle, or if they think someone will hide or destroy it. They can also do this if they think the vehicle will be used to commit a crime.

If it's not practical to get a warrant, the officer can still seize the vehicle. You can find more information about search warrants in subpart 3 of Part 4 of the Search and Surveillance Act 2012. The officer must apply to an issuing officer to get permission to seize the vehicle.

The Search and Surveillance Act 2012 has rules about how enforcement officers can use their powers. These rules now apply to some parts of the Land Transport Act 1998. You can find the Search and Surveillance Act 2012 on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2137013.

Topics:
Crime and justice > Police and safetyTransport and travel > Driving
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Part 5Amendments, repeals, and miscellaneous provisions
Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes: Amendments to Land Transport Act 1998

268Amendments to Land Transport Act 1998

  1. This section amends the Land Transport Act 1998.

  2. Section 119 is amended by inserting the following subsection after subsection (2):

  3. The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3) apply in respect of the power in subsection (2).

  4. Section 119 is amended by repealing subsection (3) and substituting the following subsection:

  5. An enforcement officer may, without warrant, enter, by force if necessary, a building or place where a vehicle to which section 96, 96A, or 123 applies is being stored or kept, and seize and impound the vehicle,—

  6. if—
    1. an enforcement officer has been freshly pursuing the vehicle; or
      1. it is likely that a person was about to remove, conceal, destroy, or dispose of the vehicle; or
        1. an enforcement officer believes on reasonable grounds that the vehicle was about to be used in the commission of a crime; and
        2. if, because of the time of the day or the locality, it was impracticable to obtain a warrant without creating an opportunity for the person to do anything referred to in paragraph (a)(ii) or (iii).

          1. Section 119(5) is amended by omitting apply on oath to a District Court Judge and substituting apply, in the manner provided for an application for a search warrant 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),.

          2. Section 119 is amended by repealing subsection (6) and substituting the following subsection:

          3. The provisions of Part 4 of the Search and Surveillance Act 2012 apply in respect of the powers in subsections (3) and (5) (except for subpart 3 of that Part in relation to subsection (3)).

          Notes