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 Maritime Transport Act 1994

280: New sections 454 and 455 substituted

You could also call this:

"New rules for searching homes and marae with a warrant"

Illustration for Search and Surveillance Act 2012

You can find information about new sections in the law. These sections are about warrants to inspect places like homes or marae. An issuing officer can give a warrant to an authorised person if they think it is essential to enter a place. You might be wondering what an authorised person is. An authorised person is someone who has been given permission by the Director. The Search and Surveillance Act 2012 has rules about how warrants work, and these rules apply to these new sections. If someone thinks a crime has been committed, they can ask for a warrant to search a place. The issuing officer will only give the warrant if they think there are good reasons to believe something important is at the place. You can read more about the Search and Surveillance Act 2012 on the New Zealand legislation website. The rules from the Search and Surveillance Act 2012 are used for these new sections, but some rules only apply to constables.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2137032.


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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 Maritime Transport Act 1994

280New sections 454 and 455 substituted

  1. Sections 454 and 455 are repealed and the following sections substituted:

    454Warrant to inspect dwellinghouse, marae, etc

    1. An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made by an authorised person in the manner provided for an application for a search warrant in subpart 3 of Part 4 of that Act, is satisfied that entry is essential to enable the inspection of a place referred to in section 453(3) to be carried out, may issue a warrant to the authorised person that authorises that person to enter the place.

    2. The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 2) apply.

    3. Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

    4. In this section and section 455, authorised person means a person authorised by the Director.

    455Entry in respect of offences

    1. Subject to subsection (2), an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a warrant to enter and search a place if, on an application made by an authorised person in the manner provided in subpart 3 of Part 4 of that Act, the issuing officer is satisfied that there are reasonable grounds for believing that there is on or in the place (being a place specified in the application) any thing—

    2. in respect of which an offence against this Act has been or may have been committed; or
      1. that is or may be evidence of the commission of an offence against this Act; or
        1. that is intended to be used for the commission of an offence against this Act.
          1. The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

          2. Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.