Animal Products Act 1999

Officers, powers, etc - Search warrants

94: Issue of search warrant

You could also call this:

"Getting a special permit to search a place if someone might have broken animal product laws"

You can get a search warrant if you think someone has broken the Animal Products Act. An issuing officer can give you a search warrant to look at a place, even if it's a home or a marae. They must follow the rules in the Search and Surveillance Act 2012.

You need to apply for the warrant and say why you think someone has broken the law. You must have good reasons to think that there's something at the place that shows someone has broken the law. This could be something that was used to break the law, or something that might hurt people's health.

The rules in Part 4 of the Search and Surveillance Act 2012 apply to search warrants. But there are some exceptions, like when a warrant is given to a specific police officer. In those cases, some rules like sections 118 and 119 only apply to named police officers.

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This page was last updated on 5 June 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM35239.

93: Powers of official assessors, or

"What official assessors can do to check animal products"

95: Powers of Police and animal product officers under warrant, or

"What police and animal product officers can do when they have a search warrant"

Part 7Officers, powers, etc
Search warrants

94Issue of search warrant

An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant in respect of any place (including any dwellinghouse or marae or other place that an animal product officer has no power to enter under section 87) if satisfied, on an application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012 by an animal product officer or a constable, that there are reasonable grounds for believing that there is at that place any thing—
in respect of which an offence under this Act has been or is being committed; or
that has been, is being, or is intended to be used by any person for the commission of an offence under this Act; or
that is or may be evidence of the commission of an offence under this Act by any person; or
that might constitute a contaminant to or in any shellfish grown or harvested adjacent to or in the vicinity of the place, being a contaminant that may pose a risk to human health.

Subject to section 95, the provisions of Part 4 of the Search and Surveillance Act 2012 apply.
Despite subsection (2), sections 118 and 119 apply only in respect of a warrant issued to a named constable or to every constable.

Notes

Section 94(1): amended, on 1 October 2012, by section 193(2)(a) of the Search and Surveillance Act 2012 (2012 No 24).
Section 94(1): amended, on 1 October 2012, by section 193(2)(b) of the Search and Surveillance Act 2012 (2012 No 24).
Section 94(2): replaced, on 1 October 2012, by section 193(3) of the Search and Surveillance Act 2012 (2012 No 24).
Section 94(3): replaced, on 1 October 2012, by section 193(3) of the Search and Surveillance Act 2012 (2012 No 24).