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Copyright Act 1994

Enforcement officers - Entry and search under search warrant

134G: Application for search warrant

You could also call this:

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

Illustration for Copyright Act 1994

When you apply for a search warrant, you must give certain details. You need to say who you are, which part of the Copyright Act lets you make the application, and why you are making it. You also need to describe the place or thing you want to search, what you are looking for, and how long you want the warrant to last. If you want to search the place more than once, you need to explain why. You have to tell the issuing officer about any other search warrant applications you know about for the same place in the last three months. You must also say what happened with those applications. The issuing officer can ask you for more information about why you want a search warrant. They can also decide if you can search the place more than once during the time the warrant is valid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4126997.

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

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

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134H: Mode of application for search warrant, or

"How to apply for a search warrant"

Part 6AEnforcement officers
Entry and search under search warrant

134GApplication for search warrant

  1. An application for a search warrant must contain, in reasonable detail, the following particulars:

  2. the name of the applicant:
    1. the provision of this Act authorising the making of the application:
      1. the grounds on which the application is made:
        1. the address or other description of the place or thing proposed to be searched:
          1. a description of the item or items believed to be at, in, on, over, or under the place or thing that are sought by the applicant:
            1. the period for which the warrant is sought:
              1. if the applicant wants to be able to execute the warrant on more than 1 occasion, the grounds on which execution on more than 1 occasion is believed to be necessary.

                1. The issuing officer may require the applicant to supply further information concerning the grounds on which the search warrant is sought.

                2. The applicant must disclose in the application—

                3. details of any other application for a search warrant that the applicant knows to have been made within the previous 3 months in respect of the place or thing proposed to be searched:
                  1. the result of that application or those applications.

                    1. The applicant must, before making an application for a search warrant, make reasonable inquiries within the agency in which the applicant is employed or engaged for the purpose of complying with subsection (3).

                    2. The issuing officer may authorise the search warrant to be executed on more than 1 occasion during the period in which the warrant is in force if he or she is satisfied that this is required for the purposes for which the warrant is being issued.

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