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Biosecurity Act 1993

Administrative provisions - Administrative powers

111: Entry in respect of offences

You could also call this:

"Searching a place when someone might have broken the Biosecurity Act"

If you think someone has broken the Biosecurity Act, you can ask for a warrant to search their place. You need to tell an issuing officer why you think this person has broken the law. The issuing officer will then decide if they should give you a warrant.

When an issuing officer gives a warrant, it says who can search the place and when they can do it. The person searching the place must follow the rules of the warrant. They can use force to enter the place if they need to, but only if it is reasonable.

The rules for getting a warrant are in the Search and Surveillance Act 2012. Most of these rules apply when you are searching a place under the Biosecurity Act, except for sections 118 and 119. You can find these rules in Part 4 of the Search and Surveillance Act 2012.

If a warrant has conditions, the person searching the place must follow these conditions. They must not enter or search the place in a way that does not follow the conditions. The person searching the place must also follow any other rules that apply to them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316300.

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"Inspecting homes and buildings for biosecurity risks with a special warrant"

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Part 6Administrative provisions
Administrative powers

111Entry in respect of offences

  1. Subject to subsection (2), 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 by subpart 3 of Part 4 of that Act) by an inspector or authorised person, is satisfied that there is reasonable ground for believing that there is on or in any place specified in the application any thing—

  2. in respect of which an offence against this Act punishable by imprisonment has been or may have been committed; or
    1. that is or may be evidence of the commission of an offence against this Act punishable by imprisonment; or
      1. that is intended to be used for the commission of an offence against this Act punishable by imprisonment,—
          1. may issue, unconditionally or subject to conditions, a warrant (in the prescribed form) authorising the entry and search of the place, at any reasonable time on 1 occasion within 14 days of the issue of the warrant.

        1. The inspector or authorised person applying for a warrant under subsection (1)—

        2. shall first make reasonable inquiries as to whether any other applications for such a warrant (or a similar warrant under a provision of any enactment repealed by this Act) have been made in respect of the place concerned, and (if so) the following matters:
          1. the offence or offences alleged in respect of each application:
            1. the result of each application; and
            2. shall disclose on the application for the warrant the results of the inquiries.

              1. Every warrant under subsection (1) shall be directed to and exercisable only by—

              2. a constable specified in the warrant; or
                1. an inspector or authorised person specified in the warrant, if accompanied by a constable; or
                  1. any constable; or
                    1. any inspector or authorised person, if accompanied by a constable.

                      1. Where a warrant under subsection (1) has been issued subject to conditions, the person exercising it—

                      2. shall not enter or search the place specified in it otherwise than in accordance with the conditions; and
                        1. shall in all other respects comply with the conditions.

                          1. Subject to subsection (4), a person exercising a warrant under subsection (1) may use such force in entering the place specified in it (whether by breaking down a door or otherwise), or in breaking open anything in the place, as is reasonable in the circumstances.

                          2. The provisions of Part 4 of the Search and Surveillance Act 2012 (except for sections 118 and 119) apply.

                          Notes
                          • Section 111(1): amended, on , by section 203(5) of the Search and Surveillance Act 2012 (2012 No 24).
                          • Section 111(1): amended, on , by section 75(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
                          • Section 111(2): amended, on , by section 75(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
                          • Section 111(3)(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                          • Section 111(3)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                          • Section 111(3)(b): amended, on , by section 75(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
                          • Section 111(3)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                          • Section 111(3)(d): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                          • Section 111(3)(d): amended, on , by section 75(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
                          • Section 111(6): inserted, on , by section 203(6) of the Search and Surveillance Act 2012 (2012 No 24).