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 Resource Management Act 1991

300: Amendments to Resource Management Act 1991

You could also call this:

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

This section changes the Resource Management Act 1991. You can find the Resource Management Act 1991 on the New Zealand legislation website. It updates some parts of the Act to match the Search and Surveillance Act 2012.

The changes affect who can issue warrants and how they are issued. An issuing officer, as defined in the Search and Surveillance Act 2012, can now issue warrants. The officer must follow the rules in the Search and Surveillance Act 2012 when making the application.

Some parts of the Resource Management Act 1991 are repealed or replaced. The heading to section 335 is changed to "Direction and execution". Sections 336 and 337 are repealed, along with the heading above section 336.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2137070.


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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 Resource Management Act 1991

300Amendments to Resource Management Act 1991

  1. This section amends the Resource Management Act 1991.

  2. Section 334(1) is amended by—

  3. omitting Any District Court Judge or any duly authorised Justice or any Community Magistrate or Registrar who, on an application in writing made on oath, and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act,; and
    1. omitting on one occasion within 14 days of the date of issue of the warrant and at any time which is reasonable in the circumstances.
      1. Section 334 is amended by repealing subsections (2) and (3) and substituting the following subsections:

      2. The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

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

      4. The heading to section 335 is amended by omitting Content and effect and substituting Direction and execution.

      5. Section 335 is amended by repealing subsections (2) to (5).

      6. Sections 336 and 337 and the heading above section 336 are repealed.

      Notes