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Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Enforcement - Search and seizure - Conduct of entry, search, and seizure

123: Occupier entitled to be present during search

You could also call this:

"You can watch when police search your home"

Illustration for Anti-Money Laundering and Countering Financing of Terrorism Act 2009

You can watch a search of your place if you are there. You can see what is happening during the search. If you get in the way, you can't watch anymore. You can still be in other parts of your place while the search is happening. The search can happen in more than one area at the same time. This means you might not be able to see everything that is happening. If you are at your place during a search, you are allowed to observe what is going on.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2141025.

Topics:
Crime and justice > Police and safetyHousing and property > Home safety and repairs
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122: Details of warrant to be given to occupier, or

"Telling the person in charge about a search warrant"

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124: Use of electronic equipment, or

"Being careful with electronic equipment during a search"

Part 3Enforcement
Search and seizure: Conduct of entry, search, and seizure

123Occupier entitled to be present during search

  1. The occupier of a place that is subject to a search under this subpart, and who is present at any time during the search, is entitled to observe the search as it is being carried out.

  2. The right to observe the search ceases if the person observing impedes the search.

  3. This section does not prevent 2 or more parts of the place being searched at the same time.