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Coroners Act 2006

Appointments, administration, powers, offences and penalties, and technical provisions - Powers

122: Warrant for information, document, or other thing

You could also call this:

"Getting a warrant to find information a coroner needs"

Illustration for Coroners Act 2006

You can get a warrant to search a place if a coroner asks someone for information and they do not give it. A constable must ask a District Court Judge for the warrant in writing and under oath. The Judge can issue a warrant if they believe the person has the information and will not give it up. You can also get a warrant if a coroner wants to ask someone for information but thinks they will not get it. The constable must ask the Judge for the warrant and the Judge must believe the information is at the place. The warrant must be in a special form and say who can execute it. A warrant can have conditions to make sure the right things are found. These conditions can include making sure some things are not taken, as stated in section 121(2). The District Court Judge can add these conditions when they issue the 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=DLM377876.

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121: Grounds for refusing to comply with written notice, or

"When you don't have to follow a coroner's written notice"

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123: Entry and search under warrant under section 122, or

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Part 4Appointments, administration, powers, offences and penalties, and technical provisions
Powers

122Warrant for information, document, or other thing

  1. A District Court Judge may issue a warrant for the search of a specified place (including, without limitation, a dwellinghouse or marae), craft, or vehicle if satisfied on an application in writing made on oath by a constable that—

  2. a coroner (other than the District Court Judge) has issued and had served on a person a notice under section 120 requiring the person, within a time specified in the notice, to give or produce to the coroner any information, class of information, document, class of documents, or other thing, specified in the notice; and
    1. the person has failed to comply with the notice (other than because the person is excused from doing so by section 121); and
      1. there are reasonable grounds to believe that there is in or on that place, craft, or vehicle any information, class of information, document, class of documents, or other thing, specified in the notice.

        1. A District Court Judge may also issue a warrant for the search of a specified place (including, without limitation, a dwellinghouse or marae), craft, or vehicle if satisfied on an application in writing made on oath by a constable that—

        2. a coroner (other than the District Court Judge) has prepared, for issuing and serving on a person, a notice under section 120 requiring the person, within a time specified in the notice, to give or produce to the coroner any information, class of information, document, class of documents, or other thing, specified in the notice, but has not issued and served the notice because paragraph (b) applies; and
          1. there are reasonable grounds to believe that a notice of that kind would not be complied with, and that the purpose of a warrant of that kind would be defeated if the warrant were granted after a notice of that kind was issued and served under subsection (1); and
            1. there are reasonable grounds to believe that there is in or on that place, craft, or vehicle any information, class of information, document, class of documents, or other thing, specified in the notice.

              1. A warrant under this section must be in the prescribed form, and must be—

              2. directed to and executed by specified constables; or
                1. directed to the New Zealand Police and executed by any 1 or more constables.

                  1. A warrant under this section may be issued subject to any reasonable conditions the District Court Judge specifies in it.

                  2. Those conditions may include conditions intended to ensure that things to which the grounds in section 121(2) apply are, in the execution of the warrant, identified and not obtained.

                  Notes
                  • Section 122(1): amended, on , by section 62(1) of the Coroners Amendment Act 2016 (2016 No 29).
                  • Section 122(2): amended, on , by section 62(1) of the Coroners Amendment Act 2016 (2016 No 29).
                  • Section 122(3)(a): amended, on , by section 62(2) of the Coroners Amendment Act 2016 (2016 No 29).
                  • Section 122(3)(b): amended, on , by section 62(3) of the Coroners Amendment Act 2016 (2016 No 29).