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Planning Bill

Enforcement and other matters - Enforcement - Powers of entry and search

253: Direction and execution of warrant for entry for search

You could also call this:

"How the police search a place with a special permit"

Illustration for Planning Bill

If a warrant lets someone enter and search a house or marae, it must be given to a police constable. They will carry out the search. A warrant to search other places must be given to a police constable or an enforcement officer. When an enforcement officer searches a place or vehicle, they must have a police constable with them at first. After the search starts, the police constable can leave if the enforcement officer agrees. The police constable must stay for the initial search.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1534637.

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Topics:
Crime and justice > Police and safety
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252: Warrant for entry for search, or

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Part 6Enforcement and other matters
Enforcement: Powers of entry and search

253Direction and execution of warrant for entry for search

  1. If a warrant authorises the entry and search of a dwellinghouse or marae, it must be directed to and executed by any police constable generally.

  2. Except as provided in subsection (1), every search warrant issued under section 252 must be directed to any constable generally or enforcement officer generally;

  3. An enforcement officer must be accompanied by a constable during the initial entry of the place or vehicle to be searched.

  4. Subject to the agreement of the enforcement officer, the constable may leave the place or vehicle at any time after the initial execution of the search warrant.