Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
333: Power of entry for survey
or “Officials can enter land to gather information for planning, but they must give notice first.”
You could also call this:

“A special person can give permission to look for things that might be against the law in certain places.”

If someone thinks a crime has happened that could lead to jail time under the Resource Management Act, they can ask for a special permission called a warrant. This warrant allows them to search a place or vehicle.

To get this warrant, they need to ask an issuing officer. This officer is a person defined in section 3 of the Search and Surveillance Act 2012. The officer can give the warrant if they believe there’s a good reason to think that:

  1. Something in the place or vehicle is related to a crime that might have happened.
  2. There’s evidence of a crime in that place or vehicle.
  3. There’s something there that someone might use to commit a crime.

The rules for how to search are in Part 4 of the Search and Surveillance Act 2012. These rules explain what you can and can’t do during a search.

There’s a special rule for police officers (constables). Sections 118 and 119 of the Search and Surveillance Act 2012 only apply to them. These sections have extra rules that police officers need to follow when they’re searching.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 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”
Next

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).