Copyright Act 1994

Enforcement officers - Entry and search under search warrant

134I: Form and content of search warrant

You could also call this:

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

Illustration for Copyright Act 1994

When a search warrant is issued, it must be in a special form. You need to know that the warrant is directed to every enforcement officer and every police member. The warrant can be executed by any of these people. The warrant may have conditions that the issuing officer thinks are reasonable. It can usually only be executed once, unless the officer says it can be executed more than once. You should look at the warrant to see what it says. The warrant must contain certain details, such as the name of the issuing officer and the date it was issued. It must also say what can be searched and what can be seized. The warrant will say how long it is valid for, which can be up to 14 or 30 days.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4127201.

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134H: Mode of application for search warrant, or

"How to apply for a search warrant"


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134J: Transmission of search warrant, or

"Searching with a copy of a warrant is allowed"

Part 6AEnforcement officers
Entry and search under search warrant

134IForm and content of search warrant

  1. Every search warrant issued must be in the prescribed form.

  2. Every search warrant issued must be directed generally to every enforcement officer and every member of the Police.

  3. A search warrant—

  4. may be executed by any of the persons to whom it is directed:
    1. may be subject to any conditions specified in the warrant that the issuing officer considers reasonable:
      1. may be executed only once, unless execution on more than 1 occasion is authorised.
        1. Every search warrant must contain, in reasonable detail, the following particulars:

        2. the name of the issuing officer and the date of issue:
          1. the provision of this Act authorising the issue of the warrant:
            1. that the person executing the warrant may use any assistance that is reasonable in the circumstances:
              1. that the person executing the warrant may use any force that is reasonable in the circumstances to enter or break open or access any place being searched, or any area within that place, or any thing being searched or thing found:
                1. the address or description of the place or thing that may be searched:
                  1. a description of what may be seized:
                    1. the period during which the warrant may be executed, being—
                      1. a period specified by the issuing officer not exceeding 14 days from the date of issue; or
                        1. if the issuing officer is satisfied that a period of longer than 14 days is necessary for execution, a period specified by the issuing officer not exceeding 30 days from the date of issue:
                        2. any conditions specified by the issuing officer under subsection (3)(b):
                          1. if the warrant may be executed on more than 1 occasion, the number of times that the warrant may be executed.
                            Notes
                            • Section 134I: inserted, on , by section 6 of the Copyright Amendment Act 2011 (2011 No 72).