134Q Inventory of things seized

(1)

A person who exercises a power of entry and search or a power of entry and examination must, at the time he or she seizes any thing, or as soon as practicable after the seizure of any thing, and in any case not later than 7 days after that seizure, provide to the occupier, and to every other person whom the person who carried out the search or examination has reason to believe is the owner of the thing that was seized,—

(a)

written notice specifying what was seized; and

(b)

a copy of the authority referred to in section 134P(1)(b)(i).

(2)

A written notice referred to in subsection (1)(a)—

(a)

must contain information about the extent to which a person from whom a thing was seized or the owner of the thing has a right—

(i)

to have access to the thing; and

(ii)

to have access to any document relating to the application for a search warrant or the exercise of the power of entry and examination that led to the seizure; and

(b)

must contain information about the right to bring a claim that any privileged or confidential information has been seized; but

(c)

need not be provided to the occupier if the person who carries out the search or examination is satisfied that none of the things seized are owned by the occupier.

(3)

If the occupier is not present at the time of seizure, the written notice referred to in subsection (1)(a) and a copy of the authority referred to in section 134P(1)(b)(i) may be provided to the occupier by leaving the notice in a prominent position at the place or on the thing.

(4)

A person who exercises a power of entry and search or a power of entry and examination must make reasonable inquiries for the purposes of complying with subsections (1) and (2).

(5)

Subsection (1) is subject to subsections (2) and (3).

(6)

This section is subject to sections 134R and 134S.

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