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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Provisions relating to warrants to arrest defendant or witness

162: To whom warrant to be directed and power of person executing warrant to enter premises

You could also call this:

"Who gets a warrant to arrest someone and how they can enter a property to do it"

Illustration for Criminal Procedure Act 2011

If a warrant is issued to arrest you, it will be given to a constable. The constable can enter any premises if they think you are there. They must tell you they are going to enter and say who they are.

Before entering, the constable must give the person in charge of the premises a copy of the warrant and identify themselves. If the constable is not in uniform, they must show proof of who they are. If no one is in charge, the constable will leave a copy of the warrant and their details.

In some cases, the constable does not have to follow these rules if it would put someone in danger. They can use reasonable force to enter the premises if necessary. You can find more information about this in the Courts Matters Act 2018.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3360280.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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"The court can arrest you to make you come to court if you don't show up as a witness."

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Part 5General provisions
Conduct of proceeding: Provisions relating to warrants to arrest defendant or witness

162To whom warrant to be directed and power of person executing warrant to enter premises

  1. A warrant to arrest a defendant or a warrant to arrest a person required as a witness must be directed either to any constable by name or generally to every constable.

  2. The warrant may be executed by any constable.

  3. For the purposes of executing the warrant, the constable executing it may at any time enter on to any premises, if he or she has reasonable cause to believe that the person against whom it is issued is on those premises.

  4. Before entry onto the premises, the constable must—

  5. announce his or her intention to enter the premises; and
    1. identify himself or herself.

      1. Before or on entry into the premises, the constable must—

      2. give or show the occupier of the premises a copy of the warrant; and
        1. identify himself or herself by name or by a unique identifier; and
          1. if not in Police uniform, produce evidence of his or her identity.

            1. If the occupier of the premises is not present at any time during the entry, or no person is in charge of the premises during the entry, the constable carrying out the entry must, unless to do so would prejudice an ongoing investigation,—

            2. on completion of the entry, leave a copy of the notice referred to in subsection (6A) and a copy of the arrest warrant (if applicable) in a prominent position at the premises; or
              1. if that is not reasonably practicable, provide a copy of the notice referred to in subsection (6A) and a copy of the arrest warrant (if applicable) to the occupier of the premises no later than 7 days after the exercise of the power.

                1. The notice required by subsection (6) is a written notice containing the following particulars:

                2. the date and time of the commencement and completion of the entry:
                  1. the name or unique identifier of the person who had overall responsibility for the entry:
                    1. the address of the office to which inquiries should be made.

                      1. For the purposes of this section, the following persons may not be treated as the occupier of the premises:

                      2. any person who is under 14 years of age:
                        1. any person who the constable executing the warrant has reasonable grounds to believe is not the occupier of the premises.

                          1. The constable is not required to comply with subsection (4), (5), or (6) if he or she has reasonable grounds to believe that compliance with subsection (4), (5), or (6) would endanger the safety of any person or prejudice the successful exercise of the entry and execution of the warrant.

                          2. The constable may use reasonable force in order to effect entry into the premises if subsection (7) applies or if, following a request, the person present refuses entry or does not allow entry within a reasonable time.

                          Compare
                          Notes
                          • Section 162(5): replaced, on , by section 38(1) of the Courts Matters Act 2018 (2018 No 50).
                          • Section 162(6): replaced, on , by section 38(1) of the Courts Matters Act 2018 (2018 No 50).
                          • Section 162(6A): inserted, on , by section 38(1) of the Courts Matters Act 2018 (2018 No 50).
                          • Section 162(6B): inserted, on , by section 38(1) of the Courts Matters Act 2018 (2018 No 50).
                          • Section 162(7): amended, on , by section 38(2) of the Courts Matters Act 2018 (2018 No 50).