Search Warrants

Question 1

Section 21 NZ Bill of Rights Act

Answer 1

Everyone has the right privacy and their own home and the right to refuse entry

Question 2

Before commencing an application for a search warrant

Answer 2

1. RGTS offence punishable by imprisonment has been committed AND
   RGTB evidential material is in that place/vehicle/thing
2. Checked target NIA history
3. Assessed risk
4. Gained supervisor initial approval

Question 3

Section 117 power to…

Answer 3

If warrant is about to be made or has been made and you have RGTB CADD of evidential material you may
- Enter and secure p/v/t
- Secure any item found there
- Direct any person to assist with entry and securing p/v/t

NB - not a search power

Question 4

Section 117 maybe exercised until the first of what occurs…

Answer 4

a) the expiry of six hours from when the power is first exercised
b) the warrant is available for execution at that p/v/t
c) application for a search warrant is refused

Question 5

Who can issue a search warrant

Answer 5

District court judge
High court judge

Or person authorised by attorney general
- justice of the peace
- community magistrate
- registrar
- deputy registrar

Question 6

An issuing officer must be satisfied of two conditions

Answer 6

1. RGTS offence punishable by imprisonment has been/will be/is about to be committed
2. RGTB search will find evidential material in p/v/t

Question 7

Issuing officer may put what restrictions on a search warrant

Answer 7

• restricting the time when the search warrant can be reasonably executed
• Requiring the occupier or person in charge of a place to provide reasonable assistance to the offset getting the search warrant
• requiring a report on the search warrant within specified time

Question 8

When is a search warrant considered executed?

Answer 8

When you have seized the evidential materials specified on the search warrant

OR

Leave the place vehicle or thing to be searched and do not return within four hours

Question 9

Section 131

Answer 9

You are obliged provide a copy of the search warrant and an inventory of any items that assesses to the occupier

Question 10

In what two circumstances can you apply to a judge postpone your obligation to provide a copy of the search warrant

Answer 10

Endangered the safety of any persons

Prejudice ongoing investigations

Question 11

Section 134

Answer 11

Application to postpone your 131 obligations. Should be presented to the judge:
- At the time of the search for an application
OR
- before seven days has passed after the war execution

Question 12

How long can a judge postpone obligations under section 134

Answer 12

Up to 12 months

Question 13

GSMEAC

Answer 13

Ground
Situation
Mission
Execution
Administration and logistics
Command and signals

Question 14

Rules and obligations of search warrants

Answer 14

131 identification and not requirements
125 rules for searching people
110 incidental to search
169 reporting

Question 15

Additional Powers

Answer 15

116 securing a place vehicle thing to be searched and excluding any person from there
118 powers of detention incidental to search
119 powers of search by a person who has powers of arrest
121 stopping vehicles for search
122 moving vehicles for search or safekeeping
123 seizure of items in Plain view 112 items of uncertain status

Question 16

Obligations on entry

Answer 16

Identify yourself by name or QID
Provide evidence of ID if not in uniform
State name of actor reason for search
Announce intention to enter search
Provide a copy of the search warrant