Coroners Act 2006

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

125: Grounds for withholding thing sought by warrant

You could also call this:

"When can you stop police taking something they have a warrant for?"

Illustration for Coroners Act 2006

You can stop someone from taking a thing they are looking for with a warrant. This can happen if you claim the thing is protected under section 121(2) when the warrant is used. You can also stop them if a District Court Judge has not looked at and dismissed your claim, or if they have but you are asking for a review under section 126.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377879.

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124: Duties when executing warrant under section 122, or

"What police must do when searching a place with a warrant"


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126: Review of dismissal of claim that section 121(2) applies, or

"Asking a High Court Judge to Review a Dismissed Claim"

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

125Grounds for withholding thing sought by warrant

  1. A person may withhold a thing sought by a warrant under section 122 if, and to the extent that,—

  2. the person claims, when the warrant is executed, that any or all of the grounds in section 121(2) apply to the thing; and
    1. the person's claim has not been considered and dismissed by the District Court Judge who issued the warrant, or by another District Court Judge who is not the coroner who issued, or proposed to issue, the relevant notice under section 120, or has been so considered and dismissed, but the dismissal is the subject of, or has been revoked on, an application for review (whether under section 126 or otherwise).