134M Powers of entry and search under warrant

(1)

Every search warrant authorises the person executing it to do any of the following:

(a)

to enter and search the place or thing that the person is authorised to enter and search, and any item or items found in that place, at any time that is reasonable in the circumstances:

(b)

to request any person to assist with the entry and search (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi):

(c)

to use any force that is reasonable for the purposes of the entry and search:

(d)

to seize any thing authorised to be seized:

(e)

to bring and use in or on the place or thing searched any equipment, to use any equipment found on the place or thing, and to extract any electricity from the place or thing to operate the equipment that it is reasonable to use in the circumstances, for the purposes of carrying out the entry and search:

(f)

to copy any document, or part of a document, that may lawfully be seized:

(g)

to take photographs or sound or video recordings of the place or thing searched, and of any thing found in that place, if the person exercising the power has reasonable grounds to believe that the photographs or sound or video recordings may be relevant in any proceedings related to the entry and search.

(2)

The person executing the warrant may, in a manner and for the duration that is reasonable for the purposes of carrying out the search,—

(a)

secure the place or thing searched, any area within that place or thing, or any thing found within that place or thing; and

(b)

exclude any person from the place or thing searched, or from any area within the place or thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of the power.

(3)

The powers conferred by this section are subject to any conditions imposed under section 134I(3)(b).

(4)

Section 198B of the Summary Proceedings Act 1957 applies with all necessary modifications as if for each reference to a constable there were substituted a reference to the person authorised to execute the search warrant.

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