Copyright Act 1994

Enforcement officers - Enforcement officer's power of entry and examination without warrant

134D: Enforcement officer’s power of entry and examination without warrant

You could also call this:

"Enforcement officers can enter public places to check for illegal goods"

You can be an enforcement officer who checks places where goods are sold or displayed. You can enter a public place when it is open to the public. You can also enter a business when it is open and only go to areas that are open to the public. You need the occupier's consent to enter and examine a place. You must tell the occupier why you want to enter, that they can refuse, and that they can change their mind at any time. You must also tell them that anything you find can be used as evidence. A place can be a building, a tent, a stand, or a vehicle, but it does not include a private home. A public place is anywhere that people can go, even if they have to pay. If someone appears to be under 14 years old, they cannot be treated as the person in charge of the place. This law was changed by the Copyright Amendment Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4126989.

This page was last updated on 3 December 2025 — View changes

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Money and consumer rights > Consumer protectionBusiness > Industry rulesBusiness > Fair trading

134C: Functions of enforcement officer, or

"What an enforcement officer does to help with copyright laws"

134E: What enforcement officer and person assisting may do when exercising power of entry and examination without warrant, or

"What enforcement officers can do when searching a place without a warrant"

Part 6AEnforcement officers
Enforcement officer's power of entry and examination without warrant

134DEnforcement officer’s power of entry and examination without warrant

For the purpose of carrying out his or her functions, an enforcement officer may enter and examine any place (place A) where goods are being offered for sale, exposed for sale, or publicly displayed if—
place A is in a public place and the entry is made when place A is open to the public; or
place A is a place of business and the entry is made—
1. when it is open for carrying on business; and
2. only to those parts of it that are open to the public; or
the occupier of place A consents to the entry and examination after the enforcement officer has informed the occupier—
1. of the purpose of the entry and examination; and
2. that the occupier may refuse to give consent to the entry and examination; and
3. that the occupier may revoke his or her consent at any time; and
4. that any thing seized during the examination may be used in evidence in proceedings.

In subsection (1),—
place A—
includes (without limitation)—
1. a structure or tent, whether fully or partly erected; and
2. a stand or stall; and
3. a vehicle; and
4. a caravan, trailer, or other conveyance; but
does not include a private dwellinghouse

public place means any place that is open to or being used by the public, with or without payment by the public of a charge.

For the purposes of this section, any person who appears to be under 14 years of age may not be treated as the occupier.

Notes

Section 134D: inserted, on 7 October 2011, by section 6 of the Copyright Amendment Act 2011 (2011 No 72).