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Waste Minimisation Act 2008

Offences and enforcement - Enforcement officer powers

82: Seizure of property from private land

You could also call this:

"Enforcement officers can take property from private land if it's involved in a crime, with a special warrant."

Illustration for Waste Minimisation Act 2008

If you are an enforcement officer, you can get a warrant to enter private land and take property that is involved in a crime. You must apply for the warrant in a certain way, as outlined in the Search and Surveillance Act 2012. The person giving you the warrant must be satisfied that the property is involved in a crime and it's reasonable to take it.

The person giving you the warrant must also be satisfied that you have told the person committing the crime to stop, advised them that you will apply for a warrant if they don't stop, and given them a chance to stop. When you get a warrant, you must follow the rules outlined in Part 4 of the Search and Surveillance Act 2012, except for sections 118 and 119.

If you are executing a warrant, you must be with a constable.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1154673.

Topics:
Crime and justice > Police and safetyHousing and property > Land use
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83: Conditions for exercise of warrant to seize property on private land, or

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Part 5Offences and enforcement
Enforcement officer powers

82Seizure of property from private land

  1. An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a warrant authorising an enforcement officer to enter private land and seize and impound property materially involved in the commission of an offence.

  2. A warrant may be issued only if—

  3. the application for it is made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012; and
    1. the issuing officer is satisfied that—
      1. the property is materially involved in the commission of an offence; and
        1. it is reasonable in the circumstances for the property to be seized; and
          1. the enforcement officer has—
            1. directed the person committing the offence to stop committing the offence; and
              1. advised the person that, if he or she fails to do so, the officer intends to apply for a warrant; and
                1. given the person committing the offence a reasonable opportunity to stop committing the offence.

              2. The provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply as if a warrant issued under subsection (1) were a search warrant.

              3. An enforcement officer executing a warrant issued under this section must be accompanied by a constable.

              Notes
              • Section 82(1): amended, on , by section 307(1) of the Search and Surveillance Act 2012 (2012 No 24).
              • Section 82(2)(a): amended, on , by section 307(2) of the Search and Surveillance Act 2012 (2012 No 24).
              • Section 82(2)(b): amended, on , by section 307(3) of the Search and Surveillance Act 2012 (2012 No 24).
              • Section 82(3): replaced, on , by section 307(4) of the Search and Surveillance Act 2012 (2012 No 24).
              • Section 82(4): inserted, on , by section 307(4) of the Search and Surveillance Act 2012 (2012 No 24).