Plain language law

New Zealand law explained for everyone

Films, Videos, and Publications Classification Act 1993

Search and seizure

109B: Search warrants from Registrars, etc, for offences against section 126 or section 131A

You could also call this:

"Getting a search warrant when someone breaks the law about restricted films or publications"

Illustration for Films, Videos, and Publications Classification Act 1993

You can get a search warrant from a Registrar if you think someone has broken the law under section 126 or section 131A. You need to apply in a certain way, as set out in subpart 3 of Part 4 of the Search and Surveillance Act 2012. The Registrar can only give you a warrant if they are satisfied that you have tried to get a warrant from a District Court Judge first, but none are available. You also need to show that waiting for a warrant from a District Court Judge would mean you might not find what you are looking for. The Registrar must believe that there are good reasons to think that something is in a place, or on a thing, that shows someone has broken the law. This could be a publication that is restricted, or something that will be evidence of a crime under section 126 or section 131A. The Registrar gets their power to issue warrants from section 108 of the Search and Surveillance Act 2012. You can read more about this at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136800. The application process is set out in subpart 3 of Part 4 of that Act, which you can find at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136781.

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 It might be out of date or be missing some parts.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=DLM314101.

This page was last updated on — View changes

Topics:
Crime and justice > Police and safetyCrime and justice > Courts and legal helpCrime and justice > Criminal law
Previous

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"

Next

109C: Who may apply for search warrants, or

"Who can ask for a search warrant?"

Part 7Search and seizure

109BSearch warrants from Registrars, etc, for offences against section 126 or section 131A

  1. A person who is authorised to act as an issuing officer under section 108 of the Search and Surveillance Act 2012 may, on an application made in the manner provided in subpart 3 of Part 4 of that Act, issue a search warrant if satisfied—

  2. that, in the particular case,—
    1. that all reasonable efforts have been made to obtain a warrant under section 109A; but
      1. that no District Court Judge is available to deal with an application under section 109A; and
        1. that delaying a search until a warrant under section 109A could be obtained would create a real risk that the purpose of that search would be frustrated; and
        2. that there are reasonable grounds for believing that there is in or on any place or thing—
          1. a publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 126 (offences involving knowledge in relation to restricted publications); or
            1. any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 126; or
              1. an objectionable publication that there are reasonable grounds to believe is being so dealt with as to constitute an offence against section 131A (offences relating to possession of objectionable publications and involving knowledge); or
                1. any thing that there are reasonable grounds to believe will be evidence of the commission of an offence against section 131A.

                Notes
                • Section 109B: inserted, on , by section 23(1) of the Films, Videos, and Publications Classification Amendment Act 2005 (2005 No 2).
                • Section 109B: amended, on , by section 53 of the Statutes Amendment Act 2018 (2018 No 27).
                • Section 109B: amended, on , by section 242(3) of the Search and Surveillance Act 2012 (2012 No 24).