Lawyers and Conveyancers Act 2006

Complaints and discipline - Intervention in practice

172: Warrant to search premises

You could also call this:

"A court order to search someone's property"

Illustration for Lawyers and Conveyancers Act 2006

You can get a warrant to search someone's premises. A Standards Committee can ask a High Court or District Court Judge for this warrant. The warrant lets them enter premises, even by force, to search for money, property, records, or documents they are allowed to take under section 169 and remove them. You can only get a warrant if a Judge believes there is a good reason to think certain circumstances exist. These circumstances are listed in section 163 and relate to a practitioner or former practitioner. The Judge must also believe that money, property, records, or documents are on the premises. When someone enters premises with a warrant, they can be accompanied by a constable. They must be accompanied by a constable when entering a dwellinghouse.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM366715.

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171: Offences, or

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173: Warrant to inspect bank accounts, or

"A court order to check someone's bank account if money was put in unfairly"

Part 7Complaints and discipline
Intervention in practice

172Warrant to search premises

  1. A Standards Committee may apply to a Judge of the High Court or a District Court Judge for a warrant to empower any member of the Standards Committee, or any other person on its behalf, to enter upon any premises, by force if necessary, and search for any money or other property or any records or documents of which the Standards Committee is entitled to take possession under section 169 and to remove them to such place as the member or person thinks fit.

  2. A warrant may be issued under subsection (1) only if the Judge of the High Court or District Court Judge issuing the warrant is satisfied, in relation to a practitioner or former practitioner, that there is reasonable cause to believe—

  3. that any of the circumstances specified in section 163 exist in respect of the practitioner or former practitioner; and
    1. that any money or other property entrusted to the practitioner or former practitioner or a related person or entity or any records or documents belonging to the practitioner or former practitioner or a related person or entity or held in the possession of the practitioner or former practitioner or under the control of the practitioner or former practitioner or related person or entity in the course of the practitioner's or former practitioner's practice are or may be held on the premises in respect of which the warrant is issued.
      1. Where any person is empowered by a warrant issued under subsection (1) to enter upon any premises, that person may be accompanied when so entering by a constable and must be so accompanied when so entering a dwellinghouse.

      Compare
      Notes
      • Section 172(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).