Search warrants

131 Search warrants

(1)

Any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act by a constable or an inspector, is satisfied that there are reasonable grounds for believing that in or on any land, premises, or place specified in the application or any vehicle, aircraft, or ship specified in the application—

(a)

an offence against this Act or any regulations made under this Act has been, or is being, committed; or

(b)

the suffering of an animal could be prevented or mitigated; or

(c)

there is any thing that is evidence of an offence committed against this Act or any regulations made under this Act; or

(d)

there is any thing which there are reasonable grounds to believe may be evidence of the commission of any offence against this Act or any regulations made under this Act,—

may issue a search warrant to authorise every constable and inspector to search the land, premises, or place or the vehicle, aircraft, or ship.

(2)

In the case of a ship that is neither a ship registered under the Ship Registration Act 1992 nor a ship entitled under any provision of that Act (other than section 8(1)(b)) to be registered as a New Zealand ship, the power that a constable or an inspector has, under a search warrant issued under subsection (1), may be exercised only if the ship—

(a)

is in a port, harbour, roadstead, or anchorage in New Zealand; or

(b)

is otherwise within the internal waters of New Zealand as defined by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

(3)

The provisions of Part 4 of the Search and Surveillance Act 2012 apply, subject to subsection (4) and sections 133(2) and (4), 136, and 136A.

(4)

Despite subsection (3), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.

Compare: 1960 No 30 s 10(3); 1983 No 141 s 4(2)

Section 131(1): amended, on 26 March 2015, by section 4 of the Animal Welfare Amendment Act 2015 (2015 No 6).

Section 131(1): amended, on 1 October 2012, by section 195(3) of the Search and Surveillance Act 2012 (2012 No 24).

Section 131(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 131(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 131(3): replaced, on 1 October 2012, by section 195(4) of the Search and Surveillance Act 2012 (2012 No 24).

Section 131(4): inserted, on 1 October 2012, by section 195(4) of the Search and Surveillance Act 2012 (2012 No 24).