134E What enforcement officer and person assisting may do when exercising power of entry and examination without warrant

(1)

The power of entry and examination conferred by section 134D authorises an enforcement officer to do any of the following:

(a)

examine the place and all things, including any document:

(b)

seize any thing that he or she has reasonable grounds to believe is evidence of, or of significant relevance to the investigation of, an offence under this Act:

(c)

bring and use in or on the place equipment for the purposes of carrying out the examination:

(d)

take photographs or sound or video recordings of the place, and of any thing found in that place, if the enforcement officer has reasonable grounds to believe that the photographs or sound or video recordings may be relevant in any proceedings (including future proceedings) related to the entry and examination:

(e)

take any person to the place to assist him or her with the examination.

(2)

A person who assists an enforcement officer exercising the power of entry and examination may, under the direction of the enforcement officer,—

(a)

exercise any of the powers described in subsection (1)(a), (c), and (d); and

(b)

seize any thing that the enforcement officer determines may lawfully be seized.

(3)

If an enforcement officer enters and examines a place under section 134D(1)(c) and the occupier revokes his or her consent, the officer and any person assisting the enforcement officer must immediately stop the examination and leave the place.

(4)

Subsection (3) is subject to subsection (5).

(5)

The enforcement officer may, before leaving the place, seize any thing already identified by him or her before the revocation of consent as a thing that he or she has reasonable grounds to believe is evidence of, or of significant relevance to the investigation of, an offence under this Act.

(6)

If a constable assists an enforcement officer, nothing in this section prevents that constable from exercising any power ordinarily exercisable by him or her.

(7)

Sections 134P to 134S contain further provisions that apply to an enforcement officer’s power of entry and examination.

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