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Emergency Management Bill (No 2)

Emergency response and recovery: states of emergency and transition periods - Powers applying during states of emergency - Warrant for entry to obtain information

139: Powers conferred by warrant

You could also call this:

"What police can do with a special search warrant"

Illustration for Emergency Management Bill (No 2)

If a warrant is issued under section 137, it allows the police officer to do certain things. You can enter and search the premises at any time while the warrant is valid. You can also use helpers if needed and force to enter or open things. You can search for and seize the information mentioned in section 137. This includes taking copies of documents or extracts from them. You can also ask someone to help reproduce information stored in a document. A District Court Judge can add conditions to the warrant. People helping the police officer have some of the same powers as the officer. However, you cannot seize information about someone's medical condition or history, or information that is protected by legal professional privilege.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1022519.

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Topics:
Crime and justice > Police and safety
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138: Form and content of warrant, or

"What a search warrant must include and how it works"

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140: Disposal of information seized under warrant, or

"What happens to information taken by police during an emergency"

Part 4Emergency response and recovery: states of emergency and transition periods
Powers applying during states of emergency: Warrant for entry to obtain information

139Powers conferred by warrant

  1. A warrant issued under section 137 authorises the constable executing the warrant—

  2. to enter and search the premises stated in the warrant at any time during the currency of the warrant; and
    1. to use any assistants that may be reasonable in the circumstances for the purpose of the entry and search; and
      1. to use any force that is reasonable in the circumstances for the purpose of effecting entry and for breaking open anything in or on the place searched; and
        1. to search for and seize the information referred to in section 137 and, for that purpose,—
          1. to take copies of any document, or extracts from any document; and
            1. to require any person who has a document in their possession or under their control to reproduce, or to assist the person executing the warrant to reproduce, in usable form, any information recorded or stored in the document.

            2. A District Court Judge may issue a warrant subject to 1 or more conditions, which may be in addition to, or in place of, the authorisation in subsection (1).

            3. Each person called on to assist any constable executing a warrant issued under section 137 has the powers described in subsection (1)(c) and (d).

            4. Nothing in this section authorises the seizure of information that—

            5. concerns the medical condition or history of any person; or
              1. is protected by legal professional privilege.

                Compare
                • 2002 No 33 s 80, 82(2)