Biosecurity Act 1993

Administrative provisions - Administrative powers

118: Power to seize evidence

You could also call this:

"Authorities can take things as evidence when searching a place, following certain rules to ensure fairness."

When you are searching a place under a warrant, you can look for and take things that are listed in the warrant. You can also take other things you believe are related to the search, if you have a good reason to think so. This is allowed under section 111.

If you take something, the rules from Subpart 6 of Part 4 of the Search and Surveillance Act 2012 will apply. These rules help decide what happens to the things you take. They are used to make sure everything is done fairly.

Some other parts of the Search and Surveillance Act 2012 also apply, including subparts 1, 5, 6, 7, 9, and 10. These parts help explain how searches and taking things should be done. They make sure you know what to expect.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM316318.

Topics:

Immigration and citizenship > Border controlCrime and justice > Police and safety

117A: Seizure and detention of goods or documents as evidence for other enactments, or

"Taking goods or documents as evidence of a crime under other laws"

119: Power to seize abandoned goods, or

"Inspectors can take and get rid of abandoned things that might have pests."

Part 6Administrative provisions
Administrative powers

118Power to seize evidence

Any person exercising the power of search conferred by section 111,—
may search for, and if it is found seize, any thing that is, or is a thing of a kind or description, specified in the warrant concerned; and
while at the place specified in the warrant, may seize any other thing that the person believes on reasonable grounds to be a thing in respect of which the person could have obtained a warrant under that section.

Subpart 6 of Part 4 of the Search and Surveillance Act 2012 shall, with any necessary modifications, apply to any thing seized under subsection (1).
The provisions of subparts 1, 5, 6, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply.

Notes

Section 118(2): amended, on 1 October 2012, by section 203(8) of the Search and Surveillance Act 2012 (2012 No 24).
Section 118(3): inserted, on 1 October 2012, by section 203(9) of the Search and Surveillance Act 2012 (2012 No 24).