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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:

"Getting a search warrant for breaking traffic laws"

Illustration for Land Transport Act 1998

You can get a search warrant if you think someone has broken the law against sections 79T or 79U. A constable must ask for the warrant in a certain way, as stated in the Search and Surveillance Act 2012. The person giving the warrant must believe the search will find evidence of the crime. You need reasonable grounds to suspect a crime has happened or will happen. The search must be for evidence of that crime. The rules in Part 4 of the Search and Surveillance Act 2012 apply to this situation. Some specific rules, like sections 118 and 119 of the Search and Surveillance Act 2012, only apply to constables. These rules are part of the Search and Surveillance Act 2012, which you can find on the New Zealand legislation website. The Act has more information about search warrants and how they work.

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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 6COffences 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).