Copyright Act 1994

Enforcement officers - Entry and search under search warrant

134M: Powers of entry and search under warrant

You could also call this:

"Searching a place with a warrant: what you can and can't do"

If you have a search warrant, you can enter and search a place or thing at a reasonable time. You can ask someone to help you with the search, and use reasonable force to get in. You can also take things that you are allowed to seize. You can bring equipment to help with the search, and use equipment you find there. You can copy documents and take photos or videos if you think they might be useful. You can secure the place and keep people out if you think they will get in the way. The powers you have are subject to conditions set out in section 134I(3)(b). Section 198B of the Summary Proceedings Act 1957 also applies to you when you are executing a search warrant.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4127209.

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

Topics:

Crime and justice > Police and safety

134L: When search warrant is executed, or

"What happens when a search warrant is carried out"

134N: Powers of persons called to assist, or

"Helping with a search: what you can and can't do"

Part 6AEnforcement officers
Entry and search under search warrant

134MPowers of entry and search under warrant

Every search warrant authorises the person executing it to do any of the following:
to enter and search the place or thing that the person is authorised to enter and search, and any item or items found in that place, at any time that is reasonable in the circumstances:
to request any person to assist with the entry and search (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi):
to use any force that is reasonable for the purposes of the entry and search:
to seize any thing authorised to be seized:
to bring and use in or on the place or thing searched any equipment, to use any equipment found on the place or thing, and to extract any electricity from the place or thing to operate the equipment that it is reasonable to use in the circumstances, for the purposes of carrying out the entry and search:
to copy any document, or part of a document, that may lawfully be seized:
to take photographs or sound or video recordings of the place or thing searched, and of any thing found in that place, if the person exercising the power has reasonable grounds to believe that the photographs or sound or video recordings may be relevant in any proceedings related to the entry and search.

The person executing the warrant may, in a manner and for the duration that is reasonable for the purposes of carrying out the search,—
secure the place or thing searched, any area within that place or thing, or any thing found within that place or thing; and
exclude any person from the place or thing searched, or from any area within the place or thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of the power.

The powers conferred by this section are subject to any conditions imposed under section 134I(3)(b).
Section 198B of the Summary Proceedings Act 1957 applies with all necessary modifications as if for each reference to a constable there were substituted a reference to the person authorised to execute the search warrant.

Notes

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