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Animal Products Act 1999

Officers, powers, etc - Search warrants

95: Powers of Police and animal product officers under warrant

You could also call this:

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

When a police officer or an animal product officer has a search warrant, they can do certain things. They can use all the powers that an animal product officer has under sections 88 to 91, or they can use only the powers that are specified in the warrant. You need to know that the police officer or animal product officer is in charge when they are executing a search warrant. They can ask someone to help them, but that person must do what the police officer or animal product officer tells them to do.

If a police officer or an animal product officer is using a power under sections 89 to 91 because of this section, Part 4 of the Search and Surveillance Act 2012 does not apply. This means that some rules that normally apply do not apply in this situation. The police officer or animal product officer is still in charge and responsible for what happens.

A police officer or an animal product officer can ask for help from anyone when they are executing a search warrant. The person who is helping must follow the instructions of the police officer or animal product officer. They can only do what the police officer or animal product officer tells them to do.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM35240.

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Part 7Officers, powers, etc
Search warrants

95Powers of Police and animal product officers under warrant

  1. Without limiting the powers conferred by any search warrant issued under section 94(1), every warrant issued under that section authorises the constable or animal product officer who is executing it, and any person called on by that constable or officer to assist, to exercise—

  2. all of the powers of an animal product officer under sections 88 to 91; or
    1. only such of those powers as are specified in the warrant.

      1. To avoid doubt, Part 4 of the Search and Surveillance Act 2012 does not apply in respect of any exercise of a power under sections 89 to 91 as a consequence of subsection (1) of this section.

      2. A constable or an animal product officer may call on any person to assist him or her in the execution of a search warrant. Any such person may act only under the supervision and in accordance with the instructions of the constable or animal product officer.

      Notes
      • Section 95(1): replaced, on , by section 193(4) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 95(1A): inserted, on , by section 193(4) of the Search and Surveillance Act 2012 (2012 No 24).
      • Section 95(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).