Plain language law

New Zealand law explained for everyone

Copyright Act 1994

Enforcement officers - General provisions that apply to powers of entry and search and entry and examination

134Q: Inventory of things seized

You could also call this:

"What happens to things taken by authorities: a list of seized items and owner's rights"

Illustration for Copyright Act 1994

When you seize something, you must tell the owner and the person who lives there what you took. You must give them a written notice with this information within 7 days. The notice must include a copy of the authority that allowed you to seize the thing, as referred to in section 134P(1)(b)(i). You must also tell them about their rights, such as being able to see the thing you seized. If the owner is not there, you can leave the notice in a prominent place. You must try to find out who the owner is so you can give them the notice. This rule is connected to other rules, such as sections 134R and 134S.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4127219.

This page was last updated on — View changes

Topics:
Crime and justice > Police and safetyRights and equality > Anti-discriminationRights and equality > Privacy
Previous

134P: Powers and duties of person exercising power of entry and search or power of entry and examination, or

"What to do when searching a place under the Copyright Act 1994"

Next

134R: Compliance with certain provisions may be deferred in certain circumstances, or

"Delaying rules to keep someone safe or avoid interfering with an investigation"

Part 6AEnforcement officers
General provisions that apply to powers of entry and search and entry and examination

134QInventory of things seized

  1. A person who exercises a power of entry and search or a power of entry and examination must, at the time he or she seizes any thing, or as soon as practicable after the seizure of any thing, and in any case not later than 7 days after that seizure, provide to the occupier, and to every other person whom the person who carried out the search or examination has reason to believe is the owner of the thing that was seized,—

  2. written notice specifying what was seized; and
    1. a copy of the authority referred to in section 134P(1)(b)(i).

      1. A written notice referred to in subsection (1)(a)—

      2. must contain information about the extent to which a person from whom a thing was seized or the owner of the thing has a right—
        1. to have access to the thing; and
          1. to have access to any document relating to the application for a search warrant or the exercise of the power of entry and examination that led to the seizure; and
          2. must contain information about the right to bring a claim that any privileged or confidential information has been seized; but
            1. need not be provided to the occupier if the person who carries out the search or examination is satisfied that none of the things seized are owned by the occupier.

              1. If the occupier is not present at the time of seizure, the written notice referred to in subsection (1)(a) and a copy of the authority referred to in section 134P(1)(b)(i) may be provided to the occupier by leaving the notice in a prominent position at the place or on the thing.

              2. A person who exercises a power of entry and search or a power of entry and examination must make reasonable inquiries for the purposes of complying with subsections (1) and (2).

              3. Subsection (1) is subject to subsections (2) and (3).

              4. This section is subject to sections 134R and 134S.

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