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New Zealand law explained for everyone

Animal Welfare Act 1999

Provisions relating to administration - Search warrants

131: Search warrants

You could also call this:

"Police or inspectors can get a special paper called a search warrant to look for evidence of animal cruelty"

If you are a police officer or an inspector, you can ask for a search warrant. You need to explain why you think someone has broken the Animal Welfare Act or any rules made under it. You have to give good reasons for your search.

You can search a place, vehicle, or ship if you have a search warrant. This warrant lets any police officer or inspector search the area. They can look for evidence of someone breaking the Animal Welfare Act.

If you want to search a ship, it must be in a New Zealand port or harbour. It can also be in New Zealand's internal waters, which are defined by the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

Some rules from the Search and Surveillance Act 2012 apply when you get a search warrant. These rules tell you what you can and cannot do during a search. You must follow these rules when you are searching a place or ship.

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This page was last updated on

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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"What a search warrant looks like and what it must say"

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).