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Commodity Levies Act 1990

Miscellaneous provisions

19: Power of search

You could also call this:

"Searching a place for evidence of a crime under the Commodity Levies Act"

Illustration for Commodity Levies Act 1990

If you are looking for something that might be evidence of a crime under the Commodity Levies Act, you can get a warrant to search a place. You can get this warrant if you are an issuing officer, which means you are someone who is allowed to issue warrants under the Search and Surveillance Act 2012. You have to apply for the warrant in a certain way, which is set out in subpart 3 of Part 4 of that Act.

The rules for searching a place are mostly set out in Part 4 of the Search and Surveillance Act 2012. But there are some exceptions, which are set out in sections 118 and 119 of that Act. These exceptions only apply if the warrant is issued to a specific police officer or to all police officers.

If you are not a police officer, you can still be allowed to search a place if you are a designated person. A designated person is someone who has been chosen by a Minister to have the power to search places under the Commodity Levies Act. You can be a designated person if you are an auditor or if you work in the public service, and if the Minister thinks you are qualified and trained to do the job. The Minister has to be satisfied that you are suitably qualified and trained before you can be designated.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM227348.

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Part 2Miscellaneous provisions

19Power of search

  1. An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act by a constable or designated person, is satisfied that there are reasonable grounds to believe that there is in any place any document, article, commodity, or thing that is evidence of the commission of an offence against this Act, may by warrant authorise every constable and designated person to search the place.

  2. Subject to subsection (2A), the provisions of Part 4 of the Search and Surveillance Act 2012 apply.

  3. Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.

  4. In this section a designated person means a person (being an auditor or a person employed in the public service) who is for the time being—

  5. designated by a Minister as a person who may exercise powers of search under this Act; or
    1. a member of a class of person designated by the Minister as persons who may exercise powers of search under this Act.

      1. No person or class of person shall be designated under subsection (3), unless the Minister concerned is satisfied that the person, or persons of that class, is or are suitably qualified and trained to exercise the powers of a designated person.

      Notes
      • Section 19(1): amended, on , by section 4 of the Commodity Levies Amendment Act 2015 (2015 No 10).
      • Section 19(1): amended, on , by section 211(2)(a) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 19(1): amended, on , by section 211(2)(b) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 19(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
      • Section 19(2): replaced, on , by section 211(3) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 19(2A): inserted, on , by section 211(3) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 19(3): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).