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Planning Bill

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

252: Warrant for entry for search

You could also call this:

"A police officer can get a special paper to search a place if they think someone broke the law."

If a police officer or enforcement officer thinks someone has broken the law, they can ask for a special paper called a warrant. This warrant lets them enter and search a place or vehicle if they believe something is there that breaks the law. They must have a good reason to think this. The person who gives the warrant, called an issuing officer, must follow the rules in the Search and Surveillance Act 2012. They can only give the warrant if they think something is being hidden that will help prove someone broke the law. They can also give the warrant if they think something is going to be used to break the law. Some parts of the Search and Surveillance Act 2012 apply to this situation, but there are some exceptions for police officers. These exceptions are found in sections 118 and 119 of the Search and Surveillance Act 2012. These rules help decide when a police officer can search a place or vehicle.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1540202.

This page was last updated on 12 December 2025 — View changes

Topics:

Crime and justice > Police and safety

251: Power of entry for survey, or

"Right to Enter Your Land for Surveys"

253: Direction and execution of warrant for entry for search, or

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

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

252Warrant for entry for search

An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made by a constable or enforcement officer in the manner provided in subpart 3 of Part 4 of that Act, may issue a warrant authorising the entry and search of any place or vehicle if satisfied that there is reasonable ground for believing that there is in, on, under, or over any place or vehicle anything——
in respect of which an offence has been or is suspected of having been committed against this Act or regulations made under this Act that is punishable by imprisonment; or
that there is reasonable ground to believe will be evidence of an offence against this Act or regulations that is punishable by imprisonment; or
that there is reasonable ground to believe is intended to be used for the purpose of committing an offence against this Act or regulations that is punishable by imprisonment.

The provisions of Part 4 of the Search and Surveillance Act 2012 apply for the purposes of this section.
Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.