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:

"Police can take property from private land if they follow special rules and get permission from a special officer."

When someone wants to seize property from private land, the law says an issuing officer can make this decision. This issuing officer is someone who is defined in the Search and Surveillance Act 2012. You can find out more about what an issuing officer is by looking at section 3 of the Search and Surveillance Act 2012. The issuing officer must follow certain rules when making this decision.

The rules for applying for a warrant to seize property are similar to the rules for applying for a search warrant, which are outlined in subpart 3 of Part 4 of the Search and Surveillance Act 2012. The person applying for the warrant must do it in the same way as they would for a search warrant. This means they have to give certain information to the issuing officer.

Some people cannot be issuing officers, including the mayor, elected members of the local authority, and employees of the local authority. If an issuing officer does give a warrant to seize property, the rules from Part 4 of the Search and Surveillance Act 2012 apply, except for sections 118 and 119. This means that the warrant is treated like a search warrant, and the same rules apply.

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This page was last updated on 24 May 2025

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 safetyRights and equality > Privacy

269: Amendments to Local Government Act 2002, or

"Changes to the Local Government Act 2002"

271: Other amendments to Local Government Act 2002, or

"Changes to the Local Government Act 2002 to make search and surveillance rules clearer"

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

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).
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.
Section 165(2)(b) is amended by omitting judicial officer and substituting issuing officer.
Section 165 is amended by repealing subsections (3) and (4) and substituting the following subsections:
None of the following persons may act as an issuing officer under this section:
the mayor or any elected member of the local authority:
any employee of the local authority.
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.