Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Miscellaneous provisions

47: Power to search

You could also call this:

"The Commission can search a place with a warrant to check if someone has broken the law."

Illustration for Fair Trading Act 1986

The Commission can authorise an employee to search a place if they have a warrant. You can get a warrant if there are good reasons to think a search is needed to investigate if someone has broken the Fair Trading Act. The Search and Surveillance Act 2012 has rules about how to get a warrant and what you can do with it. The Commission can search a place to find out if someone has broken the law or to get evidence. They can look for evidence of conduct that breaks the Fair Trading Act. You can read more about the rules for searching in the Search and Surveillance Act 2012, which you can find on the legislation.govt.nz website. If the Commission is working with someone from another country, they can search for evidence of breaking a law in that country too. This is so the Commission can help the other country with their investigation. The Commission must follow the rules in the Search and Surveillance Act 2012 when they are searching, which is available on the legislation.govt.nz website.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM97320.

This page was last updated on — View changes

Topics:
Crime and justice > Police and safetyMoney and consumer rights > Consumer protection
Previous

46M: Examples of unfair contract terms, or

"List of ways a contract can be unfair to one person"

Next

47A: Powers conferred by warrant, or

"This law about special permissions is no longer used"

Part 6Miscellaneous provisions

47Power to search

  1. The Commission may, from time to time, authorise an employee of the Commission to search, under a warrant issued under subsection (2), any place named in the warrant for any of the purposes set out in that subsection.

  2. An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may, by warrant, authorise a person who is authorised under subsection (1) to search a place specified in the warrant if he or she is satisfied on application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of that Act by that employee that there are reasonable grounds to believe that a search is necessary for the purpose of—

  3. investigating—
    1. whether a person has engaged in, or is engaging in, conduct that constitutes, or may constitute, a contravention of this Act; or
      1. the nature or extent of any conduct that constitutes, or may constitute, a contravention of this Act; or
      2. gathering, obtaining, or recovering evidence of—
        1. conduct that constitutes, or may constitute, a contravention of this Act; or
          1. the nature or extent of any conduct that constitutes, or may constitute, a contravention of this Act.

          2. Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) applies.

          3. For the purpose of allowing the Commission to provide, under section 48I, compulsorily acquired information and investigative assistance to a recognised overseas regulator, every reference in this section to a contravention of this Act must be taken to include a reference to a contravention of any foreign enactment that is identified (as required by section 48G(1)(b)) in the co-operation arrangement concerning that recognised overseas regulator.

          Notes
          • Section 47: substituted, on , by section 3 of the Fair Trading Amendment Act 1990 (1990 No 42).
          • Section 47(1): substituted, on , by section 14 of the Fair Trading Amendment Act 2003 (2003 No 31).
          • Section 47(2): substituted, on , by section 14 of the Fair Trading Amendment Act 2003 (2003 No 31).
          • Section 47(2): amended, on , by section 316(2)(a) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 47(2): amended, on , by section 316(2)(b) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 47(3): replaced, on , by section 316(3) of the Search and Surveillance Act 2012 (2012 No 24).
          • Section 47(4): inserted, on , by section 4 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).