Health Practitioners Competence Assurance Act 2003

If you need more information about this Act, please contact the administering agency: Ministry of Health
10 Power to issue search warrants in respect of offences against section 7 or section 9

(1)

A search warrant may be issued under section 6 of the Search and Surveillance Act 2012 in respect of an offence which has been or is suspected to have been committed against section 7 or section 9 or which is believed to be intended to be committed against either section, even though the offence is not punishable by imprisonment.

(1A)

A person who is authorised in writing by the Director-General of Health to apply for search warrants in relation to the offences referred to in subsection (1) may apply for such a warrant under section 6 of the Search and Surveillance Act 2012 as if that person were a constable.

(2)

The provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply.

(3)

It is declared that a person who, under subpart 6 of Part 4 of the Search and Surveillance Act 2012 (as applied by subsection (2)), has custody of any thing seized under a warrant provided for by subsection (1), may disclose any information contained in or derived from the thing only—

(a)

for the purposes of subpart 6 of Part 4 of that Act (as so applied); or

(b)

for the purposes of investigating or prosecuting an offence; or

(c)

for the purpose of an appeal or other application that relates to an offence; or

(d)

for the purpose of complying with any enactment or any order or direction of a court of competent jurisdiction.

Section 10(1): amended, on 1 October 2012, by section 256(2) of the Search and Surveillance Act 2012 (2012 No 24).

Section 10(1A): inserted, on 1 October 2012, by section 256(3) of the Search and Surveillance Act 2012 (2012 No 24).

Section 10(2): replaced, on 1 October 2012, by section 256(4) of the Search and Surveillance Act 2012 (2012 No 24).

Section 10(3): amended, on 1 October 2012, by section 256(5)(a) of the Search and Surveillance Act 2012 (2012 No 24).

Section 10(3)(a): amended, on 1 October 2012, by section 256(5)(b) of the Search and Surveillance Act 2012 (2012 No 24).