32ADMonitoring warrants

32AD Monitoring warrants

(1) An investigator may apply to a magistrate for a warrant under this section in relation to particular prescribed premises. (1A) An application under subsection (1) can only be made for the purpose of finding out whether the Civil Aviation Act 1990 of New Zealand, and the regulations and rules made under that Act (the New Zealand legislation), are being complied with if a request has been made to CASA, in accordance with the ANZA mutual recognition agreements, for the exercise of powers under this Part in relation to that legislation. (2) Subject to subsection (3), the magistrate may issue the warrant if satisfied, by information on oath, that it is reasonably necessary that the investigator should have access to the premises for the purpose of finding out whether the civil aviation legislation or the New Zealand legislation is being complied with. (3) The magistrate must not issue the warrant unless the investigator or someone else has given the magistrate, either orally or by affidavit, any further information the magistrate may require about the grounds on which the issue of the warrant is being sought. (4) The warrant must: (a) authorise an investigator named in the warrant, with such assistance and by such force as is necessary and reasonable, to enter, and exercise inspection powers on, the premises; and (b) state whether the entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and (c) specify the day (not more than one month after the issue of the warrant) on which the warrant ceases to have effect; and (d) state the purpose for which the warrant is issued.