Copyright Act 1994

Enforcement officers - Entry and search under search warrant

134H: Mode of application for search warrant

You could also call this:

"How to apply for a search warrant"

You need to apply for a search warrant in a certain way. You must write down your application and use a special form if there is one. You can send your application to the officer electronically. You have to see the officer in person, but there are some exceptions. The officer can let you apply over the phone if they think it's really important to do the search quickly. They must be given the information they need, as described in section 134G(1) to (3). If you apply over the phone, the officer must write down why you wanted the search warrant as soon as possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4126999.

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

Topics:

Crime and justice > Courts and legal help

134G: Application for search warrant, or

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

134I: Form and content of search warrant, or

"What a search warrant looks like and what it must include"

Part 6AEnforcement officers
Entry and search under search warrant

134HMode of application for search warrant

Unless subsection (3) applies, an application for a search warrant—
must be in writing; and
must be in the prescribed form (if any); and
may be transmitted to the issuing officer electronically.

The applicant must appear in person before the issuing officer, unless subsection (3) applies.
An issuing officer may allow an application for a search warrant to be made verbally (for example, by telephone call) and excuse the applicant from making a personal appearance if the issuing officer is satisfied that—
the delay that would be caused by requiring an applicant to appear in person would compromise the effectiveness of the search; and
the question of whether the warrant should be issued can properly be determined on the basis of a verbal communication (including the information described in paragraph (c)); and
the information required by section 134G(1) to (3) has been supplied to the issuing officer.

An issuing officer who allows an application for a search warrant to be made verbally must record the grounds for the application as soon as practicable.

Notes

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