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Animal Welfare Act 1999

Provisions relating to administration - Search warrants

131: Search warrants

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"Searching places or vehicles to help animals and enforce the law"

Illustration for Animal Welfare Act 1999

You can get a search warrant if you think someone is breaking the Animal Welfare Act. A constable or inspector must apply for the warrant. They must have good reasons to believe an offence is happening. You can search a place or vehicle if you have a warrant. This helps you find evidence of an offence. You can also search to prevent animal suffering. If the search is on a ship, it must be in a New Zealand port or harbour. The Search and Surveillance Act 2012 has rules about search warrants. These rules apply to searches under the Animal Welfare Act. Some rules from the Search and Surveillance Act 2012 do not apply. These rules are about warrants issued to a named constable. You can find more information in the Search and Surveillance Act 2012 and the Ship Registration Act 1992.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM51264.

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Part 7Provisions relating to administration
Search warrants

131Search warrants

  1. Any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act by a constable or an inspector, is satisfied that there are reasonable grounds for believing that in or on any land, premises, or place specified in the application or any vehicle, aircraft, or ship specified in the application—

  2. an offence against this Act or any regulations made under this Act has been, or is being, committed; or
    1. the suffering of an animal could be prevented or mitigated; or
      1. there is any thing that is evidence of an offence committed against this Act or any regulations made under this Act; or
        1. there is any thing which there are reasonable grounds to believe may be evidence of the commission of any offence against this Act or any regulations made under this Act,—
            1. may issue a search warrant to authorise every constable and inspector to search the land, premises, or place or the vehicle, aircraft, or ship.

          1. In the case of a ship that is neither a ship registered under the Ship Registration Act 1992 nor a ship entitled under any provision of that Act (other than section 8(1)(b)) to be registered as a New Zealand ship, the power that a constable or an inspector has, under a search warrant issued under subsection (1), may be exercised only if the ship—

          2. is in a port, harbour, roadstead, or anchorage in New Zealand; or
            1. is otherwise within the internal waters of New Zealand as defined by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

              1. The provisions of Part 4 of the Search and Surveillance Act 2012 apply, subject to subsection (4) and sections 133(2) and (4), 136, and 136A.

              2. Despite subsection (3), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.

              Notes
              • Section 131(1): amended, on , by section 4 of the Animal Welfare Amendment Act 2015 (2015 No 6).
              • Section 131(1): amended, on , by section 195(3) of the Search and Surveillance Act 2012 (2012 No 24).
              • Section 131(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
              • Section 131(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
              • Section 131(3): replaced, on , by section 195(4) of the Search and Surveillance Act 2012 (2012 No 24).
              • Section 131(4): inserted, on , by section 195(4) of the Search and Surveillance Act 2012 (2012 No 24).