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Copyright Act 1994

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

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

You could also call this:

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

Illustration for Copyright Act 1994

When you are an enforcement officer, you can do certain things when you enter and examine a place without a warrant. You can examine the place and things, including documents, and seize things you believe are evidence of an offence under the Copyright Act. You can also bring equipment to help with the examination and take photos or recordings if you think they might be relevant. You can take someone with you to help with the examination and they can do some of the same things as you, like examining things and taking photos. If the person who lives or works at the place says you can come in, but then changes their mind, you and the person helping you must stop the examination and leave. However, you can still seize things you already found that you believe are evidence of an offence. If a police officer is helping you, they can still use their own powers. There are more rules about what you can and can't do when you enter and examine a place in sections 134P to 134S. You should look at these sections to understand all the rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4126991.

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

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

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134F: Enforcement officer or member of Police may apply for search warrant, or

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

134EWhat enforcement officer and person assisting may do when exercising power of entry and examination without warrant

  1. The power of entry and examination conferred by section 134D authorises an enforcement officer to do any of the following:

  2. examine the place and all things, including any document:
    1. seize any thing that he or she has reasonable grounds to believe is evidence of, or of significant relevance to the investigation of, an offence under this Act:
      1. bring and use in or on the place equipment for the purposes of carrying out the examination:
        1. take photographs or sound or video recordings of the place, and of any thing found in that place, if the enforcement officer has reasonable grounds to believe that the photographs or sound or video recordings may be relevant in any proceedings (including future proceedings) related to the entry and examination:
          1. take any person to the place to assist him or her with the examination.

            1. A person who assists an enforcement officer exercising the power of entry and examination may, under the direction of the enforcement officer,—

            2. exercise any of the powers described in subsection (1)(a), (c), and (d); and
              1. seize any thing that the enforcement officer determines may lawfully be seized.

                1. If an enforcement officer enters and examines a place under section 134D(1)(c) and the occupier revokes his or her consent, the officer and any person assisting the enforcement officer must immediately stop the examination and leave the place.

                2. Subsection (3) is subject to subsection (5).

                3. The enforcement officer may, before leaving the place, seize any thing already identified by him or her before the revocation of consent as a thing that he or she has reasonable grounds to believe is evidence of, or of significant relevance to the investigation of, an offence under this Act.

                4. If a member of the Police assists an enforcement officer, nothing in this section prevents that member of the Police from exercising any power ordinarily exercisable by him or her.

                5. Sections 134P to 134S contain further provisions that apply to an enforcement officer's power of entry and examination.

                Notes
                • Section 134E: inserted, on , by section 6 of the Copyright Amendment Act 2011 (2011 No 72).