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 places like homes and marae are being added to the law."

If you need to inspect a special place like a home or a marae, an issuing officer can give a warrant to an authorised person. The authorised person must apply for the warrant in a certain way, as set out in the Search and Surveillance Act 2012. You can find more information about this in section 3 of the Search and Surveillance Act 2012 and subpart 3 of Part 4 of that Act.

An issuing officer can also give a warrant to enter and search a place if they think something is there that is related to a crime. This could be something that was used to commit a crime, or something that could be used as evidence of a crime. The issuing officer must follow the rules set out in Part 4 of the Search and Surveillance Act 2012, except for subpart 2.

In these situations, an authorised person is someone who has been given permission by the Director. You can find more information about the rules that apply to constables in sections 118 and 119 of the Search and Surveillance Act 2012. The Director gives permission to people to be authorised persons, as stated in section 455.

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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=DLM2137032.

Topics:

Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy

279: Amendments to Part 30 of Maritime Transport Act 1994, or

"Changes to the Maritime Transport Act 1994"

281: Amendments to Meat Board Act 2004, or

"Changes to the Meat Board Act 2004 law"

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

Sections 454 and 455 are repealed and the following sections substituted: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
3. that is or may be evidence of the commission of an offence against this Act; or
4. that is intended to be used for the commission of an offence against this Act.
5. The provisions of Part 4 of the Search and Surveillance Act 2012 apply.
6. Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.