Coroners Act 2006 No 38 (as at 07 July 2010), Public Act

122 Warrant for information, document, or other thing
  • (1) A District Court Judge may issue a warrant for the search of a specified place (including, without limitation, a dwellinghouse or marae), craft, or vehicle if satisfied on an application in writing made on oath by a member of the police that—

    • (a) a coroner (other than the District Court Judge) has issued and had served on a person a notice under section 120 requiring the person, within a time specified in the notice, to give or produce to the coroner any information, class of information, document, class of documents, or other thing, specified in the notice; and

    • (b) the person has failed to comply with the notice (other than because the person is excused from doing so by section 121); and

    • (c) there are reasonable grounds to believe that there is in or on that place, craft, or vehicle any information, class of information, document, class of documents, or other thing, specified in the notice.

    (2) A District Court Judge may also issue a warrant for the search of a specified place (including, without limitation, a dwellinghouse or marae), craft, or vehicle if satisfied on an application in writing made on oath by a member of the police that—

    • (a) a coroner (other than the District Court Judge) has prepared, for issuing and serving on a person, a notice under section 120 requiring the person, within a time specified in the notice, to give or produce to the coroner any information, class of information, document, class of documents, or other thing, specified in the notice, but has not issued and served the notice because paragraph (b) applies; and

    • (b) there are reasonable grounds to believe that a notice of that kind would not be complied with, and that the purpose of a warrant of that kind would be defeated if the warrant were granted after a notice of that kind was issued and served under subsection (1); and

    • (c) there are reasonable grounds to believe that there is in or on that place, craft, or vehicle any information, class of information, document, class of documents, or other thing, specified in the notice.

    (3) A warrant under this section must be in the prescribed form, and must be—

    • (a) directed to and executed by specified members of the police; or

    • (b) directed to the New Zealand Police and executed by any member or members of the police.

    (4) A warrant under this section may be issued subject to any reasonable conditions the District Court Judge specifies in it.

    (5) Those conditions may include conditions intended to ensure that things to which the grounds in section 121(2) apply are, in the execution of the warrant, identified and not obtained.