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Resource Management Act 1991

Declarations, enforcement, and ancillary powers - Powers of entry and search

334: Application for warrant for entry for search

You could also call this:

“Asking for permission to search a place or vehicle for evidence of a crime”

If you are an issuing officer, you can apply for a warrant to search a place or vehicle. You must believe that something in the place or vehicle is related to a crime against the Resource Management Act 1991 or its regulations. This crime must be punishable by imprisonment.

You can apply for a warrant if you think the thing is evidence of a crime or will be used to commit a crime. The Search and Surveillance Act 2012 has rules about how to apply for a warrant, which you must follow. You can find these rules in Part 4 of the Search and Surveillance Act 2012.

Some rules in the Search and Surveillance Act 2012 only apply to police officers. These rules are in sections 118 and 119 of the Act. If you are given a warrant, you can enter and search the place or vehicle.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM239029.

Topics:
Crime and justice > Criminal law Crime and justice > Police and safety Environment and resources > Conservation
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333: Power of entry for survey, or

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335: Direction and execution of warrant for entry for search, or

"Explains who can carry out a search warrant and how they should do it"

Part 12 Declarations, enforcement, and ancillary powers
Powers of entry and search

334Application for warrant for entry for 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, is satisfied that there is reasonable ground for believing that there is in, on, under, or over any place or vehicle anything—

  2. in respect of which an offence has been or is suspected of having been committed against this Act or regulations that is punishable by imprisonment; or
    1. which there is reasonable grounds to believe will be evidence of an offence against this Act or regulations that is punishable by imprisonment; or
      1. anything which there is reasonable ground to believe is intended to be used for the purpose of committing an offence against this Act or regulations that is punishable by imprisonment—
          1. may issue a warrant authorising the entry and search of any place or vehicle.

        1. The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

        2. Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

        Notes
        • Section 334(1): amended, on , by section 300(2)(a) of the Search and Surveillance Act 2012 (2012 No 24).
        • Section 334(1): amended, on , by section 300(2)(b) of the Search and Surveillance Act 2012 (2012 No 24).
        • Section 334(2): replaced, on , by section 300(3) of the Search and Surveillance Act 2012 (2012 No 24).
        • Section 334(3): replaced, on , by section 300(3) of the Search and Surveillance Act 2012 (2012 No 24).