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Search and Surveillance Act 2012

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

18F: Form and content of warrant

You could also call this:

"What a search warrant must look like and what it must say"

When a warrant is issued under section 18D, it must follow certain rules. You need to know that every warrant has to be in a special form if one is prescribed. The warrant is directed to a police officer, called a constable.

A warrant can be executed by a constable and it may have conditions that the Judge thinks are reasonable. These conditions can include restrictions on when the warrant can be executed. The person in charge of the place being searched may have to help the constable if it's not possible to search without their help.

Every search warrant must have certain details, such as the name of the Judge who issued it and the date it was issued. It must also say what the constable can do to execute the warrant, like using reasonable force to enter a place. The warrant must describe the area that can be searched and what can be seized. It must also say how long the warrant is valid for, which can be up to 14 days.

If you are asked to help with a search, you do not have to give any information that could get you in trouble. The Judge who issues the warrant is called the issuing Judge, and they decide what conditions to include in the warrant.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS833240.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal lawRights and equality > Privacy
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18E: Places and vehicles may be searched on more than 1 occasion, or

"The police can search a place or vehicle more than once if they have a special permit."

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18G: Judge may require warrant report, or

"A Judge can ask for a report after a search to see what was found and what happened."

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

18FForm and content of warrant

  1. This section applies in respect of a warrant issued under section 18D.

  2. Every warrant must be in the prescribed form, if any.

  3. Every warrant must be directed to a constable.

  4. A warrant may be—

  5. executed by a constable:
    1. subject to any conditions specified in the warrant that the issuing Judge considers reasonable, including (without limitation)—
      1. any restriction on the time of execution that is reasonable:
        1. a condition that the occupier or person in charge of a place must provide reasonable assistance to a constable executing the warrant if, in the absence of such assistance, it would not be practicable to execute the warrant without undue delay.

        2. Every search warrant must contain, in reasonable detail, the following particulars:

        3. the name of the issuing Judge and the date on which the warrant was issued:
          1. the provision that authorises the issue of the warrant:
            1. a statement that the constable executing the warrant may use any assistance that is reasonable in the circumstances:
              1. a statement that any constable may execute the warrant:
                1. a statement that the constable executing the warrant may use any force, if authorised by this Act or any other enactment, that is reasonable in the circumstances to enter or break open or access any area within the place or vehicle being searched:
                  1. a description of the area in which authorised searches of places and vehicles may be conducted (the specified area):
                    1. to the extent that is applicable,—
                      1. the addresses or descriptions of places in the specified area that are authorised to be searched (specified places):
                        1. the descriptions of vehicles in the specified area that are authorised to be searched (specified vehicles):
                          1. a statement that vehicles other than specified vehicles are authorised to be searched in the specified area in accordance with section 18D(5):
                            1. the name or names of the gang or gangs in the specified area involved in the gang conflict (specified gangs):
                              1. the names of persons who are not gang members of a specified gang whose places and vehicles may be searched in the specified area (specified persons):
                              2. a description of what may be seized:
                                1. the period during which the warrant may be executed, being a period specified by the issuing Judge not exceeding 14 days from the date on which the warrant was issued:
                                  1. any conditions specified by the issuing Judge under subsection (4)(b):
                                    1. an explanation of the availability of relevant privileges and an outline of how any of those privileges may be claimed (where applicable):
                                      1. a statement that any person found in the place or vehicle to be searched may be searched if there are reasonable grounds to believe that an item being searched for is on that person.

                                        1. A person is not required, as a consequence of a condition imposed under subsection (4)(b), to give any information tending to incriminate the person.

                                        2. In this section, issuing Judge, in relation to a warrant issued under section 18D, means the Judge issuing the warrant.

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