Maritime Transport Act 1994

Miscellaneous provisions applying to this Act generally - Powers of entry

455: Entry in respect of offences

You could also call this:

"Searching a place for evidence of a crime"

Illustration for Maritime Transport Act 1994

You can get a warrant to enter and search a place if someone thinks a crime has been committed there. This is under the Maritime Transport Act 1994 and the Search and Surveillance Act 2012. You can read more about this in section 3 of the Search and Surveillance Act 2012. You need to apply for the warrant and explain why you think a crime has happened. The person who issues the warrant must believe that there is a good reason to think a crime has been committed. They must also think that there might be evidence of the crime at the place you want to search. The rules for getting a warrant are in Part 4 of the Search and Surveillance Act 2012. Some of these rules only apply to police officers. You can read more about this in sections 118 and 119 of the Search and Surveillance Act 2012.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM338879.

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Topics:

Crime and justice > Police and safety

Part 30Miscellaneous provisions applying to this Act generally
Powers of entry

455Entry in respect of offences

Subject to subsection (2), an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a warrant to enter and search a place if, on an application made by an authorised person in the manner provided in subpart 3 of Part 4 of that Act, the issuing officer is satisfied that there are reasonable grounds for believing that there is on or in the place (being a place specified in the application) any thing—
in respect of which an offence against this Act has been or may have been committed; or
that is or may be evidence of the commission of an offence against this Act; or
that is intended to be used for the commission of an offence against this Act.

The provisions of Part 4 of the Search and Surveillance Act 2012 apply.
Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

Notes

Section 455: replaced, on 1 October 2012, by section 280 of the Search and Surveillance Act 2012 (2012 No 24).