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Search and Surveillance Act 2012

Police powers - Warrants to search and seize weapons when there is gang conflict

18C: Content of application

You could also call this:

"What to include when asking for a search warrant"

When you make an application under section 18B, you must include certain information. You need to say who you are and which law allows you to make the application. You also need to explain why you are making the application and why you think the requirements for a warrant are met.

You have to describe the area where a gang conflict is happening and the names of the gangs involved. You must also describe the area where you want to search places and vehicles, and the names of any gangs in that area. If you want to search places or vehicles of people who are not gang members, you need to say who they are and where they live.

You have to give the addresses of the places you want to search and describe the vehicles you want to search. You also need to say how long you want the warrant to last. A Judge might ask you for more information about why you want the warrant.

You have to tell the Judge if you or someone else has applied for a search warrant in the past three months for the same place or vehicle. You also need to say what happened with those applications. Before you apply for a search warrant under section 18B, you must ask around the Police to find out if anyone else has applied for a warrant for the same place or vehicle.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS833187.

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18B: Application for warrant to search places and vehicles and seize weapons, or

"Asking a Judge for permission to search for weapons in places and vehicles"

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18D: Issue of warrant to search places and vehicles in specified area and seize weapons, or

"A Judge can give police permission to search for weapons in a specific area to help stop gang fights and keep people safe."

Part 2Police powers
Warrants to search and seize weapons when there is gang conflict

18CContent of application

  1. An application made under section 18B must set out the following particulars:

  2. the name of the applicant; and
    1. the provision that authorises the making of the application; and
      1. the grounds on which the application is made (including the reasons why the applicant believes the legal requirements for issuing the warrant are satisfied); and
        1. a description of the area in which the gang conflict exists; and
          1. the name or names of the gang or gangs involved in the gang conflict; and
            1. a description of the area in which the search of places and vehicles is proposed to be conducted; and
              1. the name or names of the gang or gangs in that area involved in the gang conflict; and
                1. the names of any persons other than persons who are gang members of a gang referred to in paragraph (e) whose places and vehicles are proposed to be entered and searched; and
                  1. the addresses or descriptions of the places proposed to be entered and searched; and
                    1. a description of the vehicles proposed to be entered and searched; and
                      1. the period for which the warrant is sought.

                        1. When considering an application made under section 18B, the Judge—

                        2. may require the applicant to provide further information concerning the grounds on which the warrant is sought; but
                          1. must not, in any circumstances, require the applicant to disclose the name, address, or any other identifying detail of an informant unless, and only to the extent that, that information is necessary for the Judge to assess either or both of the following:
                            1. the credibility of the informant:
                              1. whether there is a proper basis for issuing the warrant.

                              2. The applicant must disclose in the application—

                              3. details of any other application for a search warrant that the applicant knows to have been made within the previous 3 months in respect of any place or vehicle proposed to be searched; and
                                1. the result of that application or those applications.

                                  1. The applicant must, before applying for a search warrant under section 18B, make reasonable inquiries within the Police, for the purpose of complying with subsection (3).

                                  Notes
                                  • Section 18C: inserted, on , by section 20 of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).