Coroners Act 2006

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

130: Warrant under section 128 to be produced

You could also call this:

"Constable must show you the search warrant"

Illustration for Coroners Act 2006

When a constable is searching a place, they must show you the warrant. You can ask to see it when they first arrive and at any other reasonable time. If you ask for a copy of the warrant, the constable must give it to you within 5 working days. If you are not there when the constable searches, they will leave a note. The note will say when the search happened and the constable's name. This note will be left in a place where you can easily find it. You have the right to know what is happening when a constable searches your place, craft, or vehicle under a warrant from section 128. The constable must follow the rules when searching. They must respect your rights and follow the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM377885.

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129: Entry and search under warrant under section 128, or

"Police can search a place with a special warrant"


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

130Warrant under section 128 to be produced

  1. Every constable executing a warrant under section 128 must produce it for inspection upon initial entry and in response to any reasonable request after that and, when requested by or on behalf of the owner or an occupier of the place, person in charge of the craft, or driver or rider of the vehicle, must provide a copy of the warrant no later than 5 working days after the making of the request.

  2. If the owner or an occupier of the place, person in charge of the craft, or driver or rider of the vehicle being searched is not present at the time of the search, the constable executing the warrant must leave in a prominent position at or in the place, craft, or vehicle being searched a written notice stating the date and time of the execution of the warrant and the name of the constable in charge of the search.

Notes
  • Section 130(1): amended, on , by section 67 of the Coroners Amendment Act 2016 (2016 No 29).
  • Section 130(2): amended, on , by section 67 of the Coroners Amendment Act 2016 (2016 No 29).