Smokefree Environments and Regulated Products Act 1990

Regulations, enforcement, and other matters - Enforcement officers

95: Search warrant

You could also call this:

"A police officer can get a special paper to search a place if they think someone has broken the law."

Illustration for Smokefree Environments and Regulated Products Act 1990

If you are an enforcement officer, you can apply for a search warrant to look at any place. You must apply in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012. An issuing officer can give you a search warrant if they think someone has broken the law or will break the law, and they think there is evidence in the place.

The issuing officer must have reasonable grounds to suspect this. They also need to believe there is evidential material, which is something that can be used as evidence, in the place. The rules in Part 4 of the Search and Surveillance Act 2012 apply, except for sections 118 and 119.

In this case, evidential material and issuing officer have the same meanings as in section 3(1) of the Search and Surveillance Act 2012. This means you can understand what these words mean by looking at that section of the Act. You can find the meanings of these words in the Search and Surveillance Act 2012.

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This page was last updated on 29 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS428816.

Topics:

Crime and justice > Police and safetyHealth and wellbeing > Public health

94: Enforcement officer may require identifying information, or

"Enforcement officers can ask for ID and details if they think someone broke the smoking and vaping rules."

96: Purposes for which powers may be used, or

"What you can use special law powers for"

Part 5Regulations, enforcement, and other matters
Enforcement officers

95Search warrant

An enforcement officer may apply for a search warrant in respect of any place.
The enforcement officer must apply in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012.
An issuing officer may issue a search warrant in respect of the place if satisfied that there are reasonable grounds—
to suspect that an offence has been, is being, or will be committed against this Act; and
to believe that there is evidential material in the place.

The provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply.
In this section, evidential material and issuing officer have the meanings given by section 3(1) of the Search and Surveillance Act 2012.

Notes

Section 95: inserted, on 11 November 2020, by section 27 of the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020 (2020 No 62).