134P Powers and duties of person exercising power of entry and search or power of entry and examination

(1)

A person exercising a power of entry and search or a power of entry and examination must,—

(a)

before initial entry into or onto the place or thing to be searched or examined,—

(i)

announce his or her intention to enter and search or to enter and examine the place or thing under a statutory power; and

(ii)

identify himself or herself; and

(b)

before or on initial entry into or onto the place or thing to be searched or examined,—

(i)

give the occupier of the place or thing a copy of the search warrant or, in the case of an examination, a copy of section 134D (the authority) that authorises him or her to conduct the entry and search or entry and examination; and

(ii)

produce to the occupier of the place or thing evidence of his or her identity (which may include details of a unique identifier instead of a name).

(2)

The person exercising a power of entry and search is not required to comply with subsection (1) if he or she believes on reasonable grounds that—

(a)

no person is lawfully present in or on the place or thing to be searched; or

(b)

compliance with subsection (1) would—

(i)

endanger the safety of any person; or

(ii)

prejudice the successful exercise of the power of entry and search; or

(iii)

prejudice ongoing investigations under this Act.

(3)

The person exercising a power of entry and search may use reasonable force in order to effect entry into or onto the place or thing if—

(a)

subsection (2) applies; or

(b)

following a request, the person present refuses entry or does not allow entry within a reasonable time.

(4)

If the occupier is not present at any time during the exercise of a power of entry and search, the person carrying out the search must,—

(a)

on completion of the search, leave a copy of the authority referred to in subsection (1)(b)(i) and the notice referred to in subsection (5) in a prominent position at the place or on the thing; or

(b)

if this is not reasonably practicable, provide the copy of the authority referred to in subsection (1)(b)(i) and the notice referred to in subsection (5) to the occupier no later than 7 days after the execution of the warrant.

(5)

The notice required by subsection (4) is a written notice containing the following particulars:

(a)

the date and time of the commencement and completion of the search:

(b)

the name or unique identifier of the person who had overall responsibility for that search:

(c)

the address of the office to which inquiries should be made:

(d)

if nothing is seized, the fact that nothing was seized:

(e)

if any thing was seized, the fact that seizure occurred and, if an inventory is not provided at the same time under section 134Q, that an inventory of the things seized will be provided to the occupier or person in charge of the place or thing no later than 7 days after the seizure.

(6)

For the purposes of this section and section 134Q, any person who appears to be under 14 years of age may not be treated as the occupier.

(7)

Subsections (4) and (5) are subject to sections 134R and 134S.

Section 134P: inserted, on 7 October 2011, by section 18 of the Trade Marks Amendment Act 2011 (2011 No 71).