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Copyright Act 1994

Enforcement officers - Entry and search under search warrant

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

You could also call this:

"Police or enforcement officers can ask for a warrant to search for copyright breaches"

Illustration for Copyright Act 1994

You can be an enforcement officer or a member of the Police and apply for a search warrant to search a place or thing. You need to go to a District Court Judge, Justice of the Peace, Community Magistrate, or a Registrar of the District Court and they can issue a search warrant if they believe an offence under the Copyright Act has happened or is happening. They can also issue a search warrant if they think there is evidence of an offence or something that will be used to commit an offence at the place or involving the thing. When you get a search warrant, sections 134G to 134S will apply to your search.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4126995.

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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"

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134G: Application for search warrant, or

"Asking for Permission to Search a Place for Copyright Infringement"

Part 6AEnforcement officers
Entry and search under search warrant

134FEnforcement officer or member of Police may apply for search warrant

  1. An enforcement officer or a member of the Police may apply for a search warrant to search a place or thing.

  2. Any District Court Judge, Justice of the Peace, Community Magistrate, or any Registrar of the District Court (not being a member of the Police) (the issuing officer) may, on an application by an enforcement officer or a member of the Police, issue a search warrant to search a place or thing if the issuing officer is satisfied that there are reasonable grounds for believing that—

  3. an offence under this Act has been, or is being, committed at the place or involving the thing; or
    1. there is at, in, on, over, or under the place or thing, any thing that is—
      1. evidence of an offence under this Act; or
        1. intended to be used for the purpose of committing an offence under this Act.

        2. Sections 134G to 134S apply in respect of every search warrant applied for and issued under this section.

        Notes
        • Section 134F: inserted, on , by section 6 of the Copyright Amendment Act 2011 (2011 No 72).
        • Section 134F(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).