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 Waste Minimisation Act 2008

307: Other amendments to Waste Minimisation Act 2008

You could also call this:

"Changes to the Waste Minimisation Act 2008 to update rules about warrants and searches."

The law is changing some parts of the Waste Minimisation Act 2008. You will see changes to how some things are done, like who can issue a warrant and how it is applied for. When someone wants to get a warrant, they have to ask an issuing officer, which is a term from the Search and Surveillance Act 2012. They have to ask in the same way they would for a search warrant, as outlined in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

Some parts of the law are being replaced or removed, like section 83. Other parts are being updated, like section 84(1) and the heading to section 85. You will also see changes to section 85(1), which now includes the words "seized or impounded under section 81".

When an enforcement officer is executing a warrant, they must be with a police officer. The rules for search warrants, as outlined in Part 4 of the Search and Surveillance Act 2012, will apply to warrants issued under this law, except for sections 118 and 119.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4356910.


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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 Waste Minimisation Act 2008

307Other amendments to Waste Minimisation Act 2008

  1. Section 82(1) is amended by omitting A judicial officer and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012).

  2. Section 82(2)(a) is amended by omitting in writing and on oath and substituting in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

  3. Section 82(2)(b) is amended by omitting judicial officer and substituting issuing officer.

  4. Section 82 is amended by repealing subsection (3) and substituting the following subsections:

  5. The provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply as if a warrant issued under subsection (1) were a search warrant.

  6. An enforcement officer executing a warrant issued under this section must be accompanied by a member of the Police.

  7. Section 83 is repealed.

  8. Section 84(1) is amended by omitting or 82.

  9. The heading to section 85 is amended by inserting under section 81 after impounded.

  10. Section 85(1) is amended by inserting seized or impounded under section 81 after property.