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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 Wine Act 2003

310: Amendments to Wine Act 2003

You could also call this:

"Changes to the Wine Act 2003 to Make it Easier to Understand"

Illustration for Search and Surveillance Act 2012

The law is changing the Wine Act 2003. You can read the Wine Act 2003 on the New Zealand legislation website. Some parts of the law are being updated to match the Search and Surveillance Act 2012. The law says who can issue a search warrant and how it is done. You can find this information in section 65 of the Wine Act 2003. The Search and Surveillance Act 2012 explains how search warrants work. The law also says what happens to property that is seized during a search. You can read about this in section 68 of the Wine Act 2003. The law is being updated to match the Search and Surveillance Act 2012. Some parts of the Wine Act 2003 are being removed or replaced. You can find the updated law on the New Zealand legislation website. The changes are being made to make the law clearer and easier to follow.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2137092.

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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 Wine Act 2003

310Amendments to Wine Act 2003

  1. This section amends the Wine Act 2003.

  2. Section 62(1) is amended by omitting at any reasonable time.

  3. Section 62(2) is amended by omitting , at any time that is reasonable in the circumstances.

  4. Section 62 is amended by repealing subsections (3) and (4) and substituting the following subsection:

  5. The provisions of subparts 1, 4, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply in respect of the exercise of any powers under this section.

  6. Section 63 is amended by inserting the following subsection after subsection (2):

  7. The provisions of Part 4 of the Search and Surveillance Act 2012 (except subparts 2, 3, and 8, and sections 118 and 119) apply.

  8. Section 63(3) is amended by omitting this section and substituting any of paragraphs (c) to (f) of subsection (1).

  9. Section 65(1) is amended by—

  10. omitting Any District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue a search warrant, in the form set out in Schedule 1 and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant; and
    1. omitting on application in writing made on oath and substituting on an application by a constable or a wine officer made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

      1. Section 65 is amended by repealing subsection (2) and substituting the following subsection:

      2. Subject to section 66, the provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply.

      3. Section 66 is amended by repealing subsection (1) and substituting the following subsection:

      4. Without limiting the powers conferred by any search warrant issued under section 65(1), every warrant issued under that section authorises the constable or wine officer who is executing it, and any person called on by that constable or officer to assist, to exercise—

      5. all the powers of a wine officer under sections 63 and 64; or
        1. only such of those powers as are specified in the warrant.

          1. Section 66 is amended by repealing subsections (2) and (4).

          2. Section 67 is amended by repealing subsections (1) to (3).

          3. Section 68 is amended by—

          4. omitting Section 199 of the Summary Proceedings Act 1957 applies to any property seized by a constable under a search warrant and, with any necessary modifications, to and substituting Subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply in respect of any property seized by a constable under a search warrant and, with any necessary modifications, in respect of; and
            1. repealing paragraphs (a) to (c).

              1. Schedule 1 is repealed.

              Notes