Films, Videos, and Publications Classification Act 1993

Search and seizure

109: Search warrants for offences against specified sections (other than sections 126 and 131A)

You could also call this:

"Getting a search warrant to find something that breaks the law"

Illustration for Films, Videos, and Publications Classification Act 1993

You can get a search warrant if you think someone has something that breaks the law. An issuing officer can give you a search warrant if they believe you have a good reason for thinking this. They must follow the rules set out in the Search and Surveillance Act 2012. You might be looking for something that is against the law, like a publication that is not allowed. This could be something that someone is keeping to sell or show, which would be breaking the law under section 123, section 124, section 127, or section 129. You might also be looking for evidence that someone has broken the law. You can also get a search warrant if you think someone has something that they plan to use to break the law. The issuing officer must be satisfied that there are good reasons to believe this before they give you a search warrant. You must apply for the search warrant in the right way, as set out in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM313896.

This page was last updated on View changes


Previous

108: Seizure of objectionable publications, or

"When can the police take away something they think is objectionable?"


Next

109A: Search warrants from District Court Judges for offences against sections 126 and 131A, or

"Getting a search warrant from a District Court Judge for breaking film and publication laws"

Part 7Search and seizure

109Search warrants for offences against specified sections (other than sections 126 and 131A)

  1. An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, on an application in the manner provided in subpart 3 of Part 4 of that Act, issue a search warrant if satisfied that there are reasonable grounds for believing that there is in or on any place or thing—

  2. any objectionable publication that there are reasonable grounds to believe is being kept for the purpose of being so dealt with as to constitute an offence against section 123 or section 124 or section 127 or section 129; or
    1. any thing that there are reasonable grounds to believe will be evidence of the commission of an offence of that kind; or
      1. any thing that there are reasonable grounds to believe is intended to be used for the purpose of committing an offence of that kind.
        Notes
        • Section 109: substituted, on , by section 23(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
        • Section 109: amended, on , by section 242(1) of the Search and Surveillance Act 2012 (2012 No 24).