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Copyright Act 1994

Enforcement officers - Entry and search under search warrant

134N: Powers of persons called to assist

You could also call this:

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

Illustration for Copyright Act 1994

When someone is executing a search warrant, you might be called on to assist them. You will be under their control and must do what they say. You can enter the place being searched, use reasonable force to search, and look through areas that the person in charge says you can. You can also seize things, take photos or recordings, and use equipment to help with the search. If you are a police officer, you can use the powers you normally have. The person in charge of the search must go with you the first time you enter the place and supervise you as needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4127211.

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Crime and justice > Police and safetyCrime and justice > Courts and legal help
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134M: Powers of entry and search under warrant, or

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

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134O: Application of sections 134P to 134S, or

"Rules for searching and examining things under the Copyright Act"

Part 6AEnforcement officers
Entry and search under search warrant

134NPowers of persons called to assist

  1. Every person called on to assist a person executing a warrant is subject to the control of the person executing the warrant.

  2. Every person called on to assist a person executing a warrant may do any of the following:

  3. enter the place or thing to be searched:
    1. while in the company and under the direction of the person executing the warrant, use reasonable force in respect of any property for the purposes of carrying out the entry and search:
      1. search areas within the place or thing that the person executing the warrant determines may lawfully be searched:
        1. seize any thing that the person executing the warrant determines may lawfully be seized:
          1. take photographs and sound and video recordings of the place or thing and things found in the place or thing if the person executing the warrant determines that those things may lawfully be done:
            1. bring in or on to the place or thing and use any equipment, make use of any equipment found on the place or thing, or extract electricity from the place or thing for the purposes of operating the equipment that the person executing the warrant determines may lawfully be used:
              1. copy any document, or part of a document, that the person executing the warrant determines may lawfully be copied.

                1. If a member of the Police is assisting another person executing the warrant, that member of the Police may exercise any power ordinarily exercisable by him or her.

                2. The person executing the warrant must—

                3. accompany any assistant on the first occasion when the assistant enters the place or thing to be searched; and
                  1. provide such other supervision of any assistant as is reasonable in the circumstances.

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