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Overseas Investment Act 2005

Consent and conditions regime - Enforcement - Search and seizure

56: Search warrant

You could also call this:

"A search warrant lets officials look at a place or thing to find evidence of a crime."

The regulator can ask for a search warrant to look at a place or thing. You need to apply for this warrant in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012. The application is made to an issuing officer.

The issuing officer can give a search warrant if they think a crime under this Act has happened at the place or thing. They can also give a warrant if they think there is evidence of a crime at the place or thing. This evidence can be something that is in, on, over, or under the place or thing.

The issuing officer can give the warrant to the regulator, a person the regulator chooses, or a police officer. When the warrant is given, the rules in Part 4 of the Search and Surveillance Act 2012 are used, except for sections 118 and 119. These rules help the regulator or police officer search the place or thing.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM358078.

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Part 2Consent and conditions regime
Enforcement: Search and seizure

56Search warrant

  1. The regulator may apply for a search warrant to search a place or thing.

  2. The application must be made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012 to an issuing officer (within the meaning of section 3 of that Act).

  3. The issuing officer may issue a search warrant if there are reasonable grounds for believing that—

  4. an offence under this Act has been, or is being, committed at the place or thing; or
    1. there is in, on, over, or under the place or thing any thing that is evidence of an offence under this Act.

      1. The issuing officer may issue the warrant to—

      2. the regulator; or
        1. a person authorised by the regulator in writing to execute the warrant; or
          1. a constable.

            1. The provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply.

            Notes
            • Section 56(2): amended, on , by section 286(2) of the Search and Surveillance Act 2012 (2012 No 24).
            • Section 56(3): amended, on , by section 286(3) of the Search and Surveillance Act 2012 (2012 No 24).
            • Section 56(4): amended, on , by section 286(4) of the Search and Surveillance Act 2012 (2012 No 24).
            • Section 56(4)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 56(5): inserted, on , by section 286(5) of the Search and Surveillance Act 2012 (2012 No 24).