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Customs and Excise Act 2018

Customs powers - Powers of entry, search warrants, use of aids, etc

225: Issue of search warrant

You could also call this:

"When police think something might be evidence of a crime, they can get a special paper to search a place or thing."

Illustration for Customs and Excise Act 2018

A person called an issuing officer can give a search warrant if they think there are good reasons to believe something is in a place or on a thing that could be evidence of a crime under the Customs and Excise Act 2018. This could be something that was used to commit a crime, something that is going to be used to commit a crime, or something that should be taken by the authorities. The issuing officer can also give a search warrant if they think there are good reasons to believe something is in a place or on a thing that is related to goods being brought into or taken out of New Zealand illegally. When the issuing officer gives a search warrant, some rules from the Search and Surveillance Act 2012 apply, but some rules do not apply to goods that have been forfeited. An application for a search warrant is made by a Customs officer, and an issuing officer is someone who has the power to give a search warrant, as defined in section 3(1) of the Search and Surveillance Act 2012.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039495.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal law
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224: Patrols, etc to detect offences, or

"Customs officers can patrol and inspect areas to catch people breaking the law"

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226: Use of dogs and other aids, or

"Searching with help from dogs and special equipment"

Part 4Customs powers
Powers of entry, search warrants, use of aids, etc

225Issue of search warrant

  1. An issuing officer, on an application, may issue a search warrant if he or she is satisfied that there are reasonable grounds to believe that there is, in or on any place or thing,—

  2. any thing that there are reasonable grounds to believe may be evidence of—
    1. the commission of an offence under this Act; or
      1. the unlawful exportation or importation of goods; or
      2. any thing that there are reasonable grounds to believe is intended to be used for the purpose of—
        1. committing an offence under this Act; or
          1. unlawfully exporting or importing goods; or
          2. any thing that is liable to seizure under this Act.

            1. Part 4 of the Search and Surveillance Act 2012 applies.

            2. However, sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4, of the Search and Surveillance Act 2012 do not apply to forfeited goods.

            3. In this section,—

              application means an application made by a Customs officer in accordance with subpart 3 of Part 4 of the Search and Surveillance Act 2012

                issuing officer has the meaning given to that term in section 3(1) of the Search and Surveillance Act 2012.

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