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Food Act 2014

Provisions relating to recognition, territorial authorities, administration, and enforcement - Powers and enforcement - Search warrants

326: Powers under search warrant

You could also call this:

"What police and food safety officers can do when searching a place with a special permit"

Illustration for Food Act 2014

If you are a constable or food safety officer with a search warrant, you can exercise certain powers at a place. You must consider the kawa of the marae if you are searching a marae or a building associated with a marae. You will do this as far as possible in the circumstances.

You can search for, inspect, and seize food or food-related accessories that you reasonably suspect have been recalled under section 284 but have not been returned. You can do this if the chief executive has given a direction to recall the food or accessory and it has not been complied with.

You can use the powers of a food safety officer under certain sections of the law, such as sections 299 to 308 and 312, or the powers specified in the warrant. Section 110 of the Search and Surveillance Act 2012 also applies to you when you are exercising your powers under a search warrant.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2996458.

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Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Powers and enforcement: Search warrants

326Powers under search warrant

  1. This section applies to a constable or food safety officer who is authorised by a search warrant to exercise powers at a place.

  2. Any exercise of the powers at a marae or a building associated with a marae must take account of the kawa of the marae so far as practicable in the circumstances.

  3. The constable or officer may search for, inspect, and seize food or a food-related accessory that the constable or officer reasonably suspects has been the subject of a direction to recall food or a food-related accessory given by the chief executive under section 284 that has not been complied with.

  4. The constable or officer may exercise—

  5. all the powers of a food safety officer under any of sections 299 to 308 and 312; or
    1. the powers of a food safety officer specified in the warrant.

      1. Section 110 of the Search and Surveillance Act 2012 applies.