31Search and seizure warrants

#### 31 Search and seizure warrants (1) Where a magistrate or eligible Judge is informed by affidavit that there are reasonable grounds for suspecting that there may be in any place any thing: (a) that may be material as evidence in proving any offence in relation to which an indorsed New Zealand warrant or a provisional arrest warrant was issued; or (b) that has been acquired by a person as a result of such an offence; and the affidavit sets out those grounds, the magistrate or Judge may issue a warrant, in the statutory form, authorising a police officer named in the warrant, with such assistance, and by such force, as is necessary and reasonable: (c) to seize the thing; (d) to enter upon or into the place and to seize the thing; or (e) to enter upon or into the place, to search the place for any such thing and to seize any such thing found in the place. (2) The magistrate or Judge shall not issue the warrant unless: (a) there has been given to the magistrate or Judge by affidavit such further information (if any) as the magistrate or Judge requires concerning the grounds on which the issue of the warrant is being sought; and (b) the magistrate or Judge is satisfied that there are reasonable grounds for issuing the warrant. (3) The warrant shall state: (a) the purpose for which it is issued, including a reference to the nature of any offence referred to in paragraph (1)(a); (b) whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; (c) the kind of things authorised to be seized; and (d) that it ceases to have effect on a specified day, not being later than 1 month after the day of issue of the warrant. (4) If, in the course of searching in accordance with the warrant for a thing that may be material as evidence in proving an offence or that has been acquired as a result of an offence, being a thing of a kind stated in the warrant: (a) a police officer finds any thing that the police officer believes on reasonable grounds to be connected with the offence, although not of a kind stated in the warrant; and (b) the police officer believes on reasonable grounds that it is necessary to seize that thing in order to prevent its concealment, loss or destruction; the warrant is deemed to authorise the police officer to seize the thing. (5) Where a police officer seizes a thing in accordance with this section, the police officer may retain the thing pending any direction from the Attorney‑General as to the manner in which it is to be dealt with. (5A) If a direction under subsection (5) is given in writing, the direction is not a legislative instrument. (6) In this section: > place includes any public place, area of water, premises, vessel, aircraft or vehicle in any part of Australia. > thing includes a vessel, aircraft or vehicle.