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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 Local Government Act 2002

270: Seizure of property from private land

You could also call this:

"When police can take things from private property"

Illustration for Search and Surveillance Act 2012

You can find information about seizing property from private land in the Search and Surveillance Act 2012. When a warrant is issued to seize property, it must be done by an issuing officer. This officer is defined in section 3 of the Search and Surveillance Act 2012, which you can find on the New Zealand legislation website. You can apply for a warrant in the same way you would apply for a search warrant, as outlined in the Search and Surveillance Act 2012. The mayor, elected members, or employees of the local authority cannot act as issuing officers. The rules for search warrants, as stated in the Search and Surveillance Act 2012, also apply to warrants for seizing property, except for sections 118 and 119. The Search and Surveillance Act 2012 has more details about how this works, and you can read it 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=DLM2137016.

Topics:
Crime and justice > Police and safetyHousing and property > Land use
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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 Local Government Act 2002

270Seizure of property from private land

  1. Section 165(1) is amended by omitting A judicial officer and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012).

  2. Section 165(2)(a) is amended by omitting in writing and on oath and substituting in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

  3. Section 165(2)(b) is amended by omitting judicial officer and substituting issuing officer.

  4. Section 165 is amended by repealing subsections (3) and (4) and substituting the following subsections:

  5. None of the following persons may act as an issuing officer under this section:

  6. the mayor or any elected member of the local authority:
    1. any employee of the local authority.

      1. The provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply as if a warrant issued under subsection (1) were a search warrant.