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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 do their job"

Illustration for Search and Surveillance Act 2012

This part of the law is about changing the Land Transport Act 1998. You can find the Land Transport Act 1998 on the New Zealand legislation website. It explains how some rules from the Search and Surveillance Act 2012 will be used. The law says that an enforcement officer can enter a building to seize a vehicle without a warrant. You can read about the Search and Surveillance Act 2012 on the New Zealand legislation website. This can happen if the officer has been chasing the vehicle or thinks someone will hide or destroy it. The law also says how an enforcement officer can apply to a court to get permission to do something. They must follow the rules from the Search and Surveillance Act 2012. This is so they can do their job properly and follow the rules.

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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:
Transport and travel > DrivingCrime and justice > Police and safety
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267: Amendments to International War Crimes Tribunals Act 1995, or

"Changes to the International War Crimes Tribunals Act to match new search and surveillance laws"

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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