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Land Transport Act 1998

Offences relating to chain of responsibility

79V: Search warrants in relation to offences against section 79T or 79U

You could also call this:

“Police can get special permission to search for evidence of breaking certain rules”

If a police officer thinks someone has broken, is breaking, or will break the rules in sections 79T or 79U, they can ask a special official for permission to search a place, vehicle, or thing. This permission is called a search warrant. The police officer needs to have good reasons to suspect a crime and to believe they will find evidence during the search.

When the police do these searches, they have to follow the rules in Part 4 of the Search and Surveillance Act 2012. However, only police officers can use sections 118 and 119 of that Act when they’re doing these searches.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3820309.

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Part 6C Offences relating to chain of responsibility

79VSearch warrants in relation to offences against section 79T or 79U

  1. An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant in relation to a place, vehicle, or other thing if, on application made by a constable in the manner provided in subpart 3 of Part 4 of that Act, he or she is satisfied that there are reasonable grounds—

  2. to suspect that an offence has been, is being, or will be committed against section 79T or 79U; and
    1. to believe that the search will find evidential material in respect of the offence in the place, vehicle, or other thing.

      1. The provisions of Part 4 of the Search and Surveillance Act 2012 apply.

      2. Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

      Notes
      • Section 79V: replaced, on , by section 5 of the Land Transport Amendment Act 2015 (2015 No 17).