Entry and search under search warrant

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

134F Enforcement officer or constable may apply for search warrant

(1)

An enforcement officer or a constable may apply for a search warrant to search a place or thing.

(2)

Any District Court Judge, Justice of the Peace, Community Magistrate, or any Registrar of the District Court (not being a constable) (the issuing officer) may, on an application by an enforcement officer or a constable, issue a search warrant to search a place or thing if the issuing officer is satisfied that there are reasonable grounds for believing that—

(a)

an offence under this Act has been, or is being, committed at the place or involving the thing; or

(b)

there is at, in, on, over, or under the place or thing, any thing that is—

(i)

evidence of an offence under this Act; or

(ii)

intended to be used for the purpose of committing an offence under this Act.

(3)

Sections 134G to 134S apply in respect of every search warrant applied for and issued under this section.

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

Section 134F(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).