sec.177Entry and search—evidence of offences

### sec.177 Entry and search—evidence of offences Subject to subsection (3) , if an investigator has reasonable grounds for suspecting that there is in a place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act, the investigator may— enter the place; and exercise the powers set out in section 178 . If the investigator enters the place and finds the evidence, the following provisions have effect— the investigator may seize the evidence; if the evidence is a document—while the investigator has possession of the document, the officer may take extracts from and make copies of the document, but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the investigator’s possession. An investigator must not enter the place or exercise a power under subsection (1) unless— the occupier of the place consents to the entry or exercise of the power; or a warrant under section 180 that was issued in relation to the evidence authorises the entry or exercise of the power. If, while searching the place under subsection (1) under a warrant under section 180 , an investigator— finds a thing that the investigator believes, on reasonable grounds, to be— a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or a thing that will afford evidence of the commission of another offence against this Act; and believes, on reasonable grounds, that it is necessary to seize the thing to prevent— its concealment, loss or destruction; or its use in committing, continuing or repeating the offence mentioned in subsection (1) or the other offence, as the case may be; subsection (2) applies to the thing as if it were the evidence. Nothing in this section authorises an investigator to seize a digital device if— the offence is an offence mentioned in section 158 or 159 ; and in committing the offence a person used the device to store or display the following things, or an image or other design purporting to be the thing— a digital authority; a digital evidence of age; a digital evidence of identity. In this section— place does not include a vehicle, boat or aircraft. s 177 amd 1994 No. 59 s 3 sch 2 ; 1999 No. 54 s 14 ; 2020 No. 21 s 20 (sec.177-ssec.1) Subject to subsection (3) , if an investigator has reasonable grounds for suspecting that there is in a place a particular thing ( the evidence ) that may afford evidence of the commission of an offence against this Act, the investigator may— enter the place; and exercise the powers set out in section 178 . (sec.177-ssec.2) If the investigator enters the place and finds the evidence, the following provisions have effect— the investigator may seize the evidence; if the evidence is a document—while the investigator has possession of the document, the officer may take extracts from and make copies of the document, but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the investigator’s possession. (sec.177-ssec.3) An investigator must not enter the place or exercise a power under subsection (1) unless— the occupier of the place consents to the entry or exercise of the power; or a warrant under section 180 that was issued in relation to the evidence authorises the entry or exercise of the power. (sec.177-ssec.4) If, while searching the place under subsection (1) under a warrant under section 180 , an investigator— finds a thing that the investigator believes, on reasonable grounds, to be— a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or a thing that will afford evidence of the commission of another offence against this Act; and believes, on reasonable grounds, that it is necessary to seize the thing to prevent— its concealment, loss or destruction; or its use in committing, continuing or repeating the offence mentioned in subsection (1) or the other offence, as the case may be; subsection (2) applies to the thing as if it were the evidence. (sec.177-ssec.5) Nothing in this section authorises an investigator to seize a digital device if— the offence is an offence mentioned in section 158 or 159 ; and in committing the offence a person used the device to store or display the following things, or an image or other design purporting to be the thing— a digital authority; a digital evidence of age; a digital evidence of identity. (sec.177-ssec.6) In this section— place does not include a vehicle, boat or aircraft. - (a) enter the place; and - (b) exercise the powers set out in section 178 . - (a) the investigator may seize the evidence; - (b) if the evidence is a document—while the investigator has possession of the document, the officer may take extracts from and make copies of the document, but must allow the document to be inspected at any reasonable time by a person who would be entitled to inspect it if it were not in the investigator’s possession. - (a) the occupier of the place consents to the entry or exercise of the power; or - (b) a warrant under section 180 that was issued in relation to the evidence authorises the entry or exercise of the power. - (a) finds a thing that the investigator believes, on reasonable grounds, to be— (i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or (ii) a thing that will afford evidence of the commission of another offence against this Act; and - (i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or - (ii) a thing that will afford evidence of the commission of another offence against this Act; and - (b) believes, on reasonable grounds, that it is necessary to seize the thing to prevent— (i) its concealment, loss or destruction; or (ii) its use in committing, continuing or repeating the offence mentioned in subsection (1) or the other offence, as the case may be; - (i) its concealment, loss or destruction; or - (ii) its use in committing, continuing or repeating the offence mentioned in subsection (1) or the other offence, as the case may be; - (i) a thing (other than the evidence) that will afford evidence of the commission of the offence mentioned in subsection (1) ; or - (ii) a thing that will afford evidence of the commission of another offence against this Act; and - (i) its concealment, loss or destruction; or - (ii) its use in committing, continuing or repeating the offence mentioned in subsection (1) or the other offence, as the case may be; - (a) the offence is an offence mentioned in section 158 or 159 ; and - (b) in committing the offence a person used the device to store or display the following things, or an image or other design purporting to be the thing— (i) a digital authority; (ii) a digital evidence of age; (iii) a digital evidence of identity. - (i) a digital authority; - (ii) a digital evidence of age; - (iii) a digital evidence of identity. - (i) a digital authority; - (ii) a digital evidence of age; - (iii) a digital evidence of identity.