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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 Reserves Act 1977

299: Amendments to Reserves Act 1977

You could also call this:

"Changes to the rules for reserves in New Zealand"

This section changes the Reserves Act 1977. You can find the Reserves Act 1977 on the New Zealand legislation website. It updates what an officer is in section 93.

An officer now means a ranger, constable, or someone who works for the group in charge of the reserve and is allowed to use the powers of an officer. The section also updates what happens when something is seized, which means taken away by an officer.

You can find more information about the Search and Surveillance Act 2012 on the New Zealand legislation website. It changes sections 95 and 100 of the Reserves Act 1977 to follow the rules in the Search and Surveillance Act 2012, except for some parts. This means that when an officer seizes something or searches a place, they have to follow certain rules.

These rules are in Part 4 of the Search and Surveillance Act 2012, but not in subpart 3 or subpart 6. The changes help make sure that officers are following the right rules when they seize things or search places in reserves. This is to keep people and the environment safe in these areas.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2137067.

Topics:
Crime and justice > Police and safetyEnvironment and resources > Conservation
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298: Further amendments to Reserve Bank of New Zealand Act 1989, or

"Changes to the Reserve Bank of New Zealand law about search warrants"

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300: Amendments to Resource Management Act 1991, or

"Changes to the Resource Management Act 1991 to update search and surveillance rules"

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 Reserves Act 1977

299Amendments to Reserves Act 1977

  1. This section amends the Reserves Act 1977.

  2. Section 93 is amended by repealing subsection (5) and substituting the following subsection:

  3. In this section, officer means—

  4. any ranger or constable; and
    1. any officer or employee of an administering body who is authorised by that body to exercise the powers of an officer under this Part.

      1. Section 95(1) is amended by omitting , and shall be retained by the administering body, or by the Commissioner if there is no administering body, pending the trial of that person for the offence in respect of which it was seized.

      2. Section 95(2) is amended by—

      3. omitting then and substituting then, despite subpart 6 of Part 4 of the Search and Surveillance Act 2012,; and
        1. repealing paragraph (c).

          1. Section 95 is amended by repealing subsection (6) and substituting the following subsections:

          2. Any firearm, trap, net, or other like object found illegally in the possession of any person in any reserve, and any tool or instrument or other equipment found in the possession of any person in any reserve and used in committing an offence in the reserve may be seized by any officer (within the meaning of section 93(5)).

          3. Subject to subsection (2), the provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3) apply in respect of the seizure of any thing under this section.

          4. Section 100 is amended by repealing subsection (2) and substituting the following subsection:

          5. The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 3) apply in respect of any entry, search, or seizure conducted under this section.

          Notes