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Search and Surveillance Act 2012

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

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

You could also call this:

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

A Judge can issue a warrant to search for weapons in a specific area if they think a gang conflict is happening. You might be wondering what a gang conflict is - it's when gangs are fighting with each other. The Judge needs to believe that searching the area will reduce the risk of harm to people or property.

If a Judge issues a warrant, the police can search specific places or vehicles in the area for weapons. The police need to have reasonable grounds to suspect that the places or vehicles are connected to gang members or people involved in the gang conflict. This means they need to have a good reason to think that the places or vehicles are being used by gangs.

A warrant can also allow the police to search other vehicles in the area if they suspect those vehicles are connected to gangs. The police can seize any weapons they find during their search. A specific area can be described in different ways, such as by geographical region, and it can be the same area where the gang conflict is happening or a different area.

Some words have special meanings in this context - a specified area is the area described in the warrant, a specified gang is a gang named in the warrant, a specified person is someone named in the warrant who is not a gang member, a specified place is a place named in the warrant, and a specified vehicle is a vehicle named in the warrant. You can find more information about this in the section 18B application. The Criminal Activity Intervention Legislation Act 2023 also has more details about this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS833211.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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"What to include when asking for a search warrant"

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

18DIssue of warrant to search places and vehicles in specified area and seize weapons

  1. A Judge may issue a warrant on an application made under section 18B if the Judge is satisfied that there are reasonable grounds to believe that—

  2. a gang conflict exists; and
    1. 1 or more gangs involved in the gang conflict are in a specified area; and
      1. the issue of the warrant may reduce the risk of harm to people or property.

        1. A Judge, if satisfied of either or both of the following matters, may issue a warrant authorising a search in the specified area of 1 or more specified places for the purpose of locating weapons and seizing any weapons found at, in, or on any of those places:

        2. there are reasonable grounds to suspect that the specified places are owned, occupied, or used by 1 or more gang members of a specified gang:
          1. there are reasonable grounds—
            1. to suspect that the specified places are owned, occupied, or used by 1 or more specified persons; and
              1. to believe that the specified persons are encouraging or assisting in the gang conflict.

              2. A warrant authorising the search of places specified under subsection (2) may only authorise the search of non-private premises if the Judge issuing the warrant is satisfied that there are reasonable grounds to suspect that the premises are being used by gang members to conduct gang-related activities involving weapons.

              3. A Judge, if satisfied of either or both of the following matters, may issue a warrant authorising a search in the specified area of 1 or more specified vehicles for the purpose of locating weapons and seizing any weapons found in or on any of those vehicles:

              4. there are reasonable grounds to suspect the specified vehicles are owned or used by 1 or more gang members of a specified gang:
                1. there are reasonable grounds—
                  1. to suspect that the specified vehicles are owned or used by 1 or more specified persons; and
                    1. to believe that the specified persons are encouraging or assisting in the gang conflict.

                    2. A warrant may also authorise a search within the specified area of any vehicles other than specified vehicles for the purpose of locating and seizing weapons found in or on the vehicles if a constable is satisfied that there are reasonable grounds to suspect that the vehicles are—

                    3. owned or used by 1 or more gang members of a specified gang; or
                      1. owned or used by 1 or more specified persons who are encouraging or assisting in the gang conflict.

                        1. In this section,—

                          specified area means the area specified in the warrant by any description (for example, by geographical region) that enables the boundaries of the area to be ascertained, and may be any of the following:

                          1. the same area as the area in which the gang conflict exists; or
                            1. a different area to the area in which the gang conflict exists; or
                              1. an area that includes part of the area in which the gang conflict exists; or
                                1. an area within the area in which the gang conflict exists

                                  specified gang means a gang specified in a warrant issued under this section

                                    specified person means a person specified in a warrant issued under this section who is not a gang member of a specified gang

                                      specified place means a place specified in a warrant issued under this section

                                        specified vehicle means a vehicle specified in a warrant issued under this section.

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