Search warrants
David Morris-Bamber made this Official Information request to New Zealand Police
Response to this request is long overdue. By law New Zealand Police should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: David Morris-Bamber
Dear New Zealand Police,
I am a New Zealand resident and wish to make a request for information under the Official Information Act.
If information has been given to the police that vehicle may of interest in an investigation, what steps are taken to determine the legal owner of that vehicle before a search warrant can be issued.
Can a search warrant be issued for a vehicle without notifying the owner , if so when does the owner get notified that the vehicle has been searched or seized to carry out the search.
Can the occupier or owner of the property/vehicle that a search warrant has been issued for be present while the search is carried out if they do not hinder or interfere with the search.
Yours faithfully,
David Morris-Bamber
New Zealand Police
Good morning David
Your request has been received by New Zealand Police.
It will now be allocated for action.
Kind regards
Ministerial Services
-----"David Morris-Bamber"
<[FOI #11920 email]> wrote: -----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "David Morris-Bamber"
<[FOI #11920 email]>
Date: 19/12/2019 09:10AM
Subject: Official Information request - Search warrants
Dear New Zealand Police,
I am a New Zealand resident and wish to make a request for information
under the Official Information Act.
If information has been given to the police that vehicle may of interest
in an investigation, what steps are taken to determine the legal owner of
that vehicle before a search warrant can be issued.
Can a search warrant be issued for a vehicle without notifying the owner ,
if so when does the owner get notified that the vehicle has been searched
or seized to carry out the search.
Can the occupier or owner of the property/vehicle that a search warrant
has been issued for be present while the search is carried out if they do
not hinder or interfere with the search.
Yours faithfully,
David Morris-Bamber
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WARNING
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addressee only and may contain privileged information. It may also be
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creates an offence to have unlawful possession of Police property. If you
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New Zealand Police
Dear David Morris-Bamber
Please find attached the reply to your correspondence of 19 December 2019.
Kind regards
Ministerial Services
PNHQ
===============================================================
WARNING
The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.
Also note, the views expressed in this message may not necessarily reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately
From: David Morris-Bamber
Dear New Zealand Police,
Have considered your response and believe that my questions/request have not been addressed.
Possibly my wording could have been clearer, as
-- If a search warrant is issued for a vehicle, is the legal owner notified that the vehicle has been seized, or are they left in the dark, and to who is the search warrant physically issued/handed to for seizure of the vehicle.
-- Can you the New Zealand Police stop the owner of a property from being there while a search is being carried out.
Yours faithfully,
David Morris-Bamber
New Zealand Police
Dear Mr Morris-Bamber
I acknowledge receipt of your Official Information Act (OIA) request
below. Your request is being actioned pursuant to the Act.
Kind regards
Ministerial Services
PNHQ
-----"David Morris-Bamber"
<[FOI #11920 email]> wrote: -----
To: "OIA/LGOIMA requests at New Zealand Police"
<[New Zealand Police request email]>
From: "David Morris-Bamber"
<[FOI #11920 email]>
Date: 20/02/2020 10:05AM
Subject: Re: Official Correspondence from New Zealand Police
Dear New Zealand Police,
Have considered your response and believe that my questions/request have
not been addressed.
Possibly my wording could have been clearer, as
-- If a search warrant is issued for a vehicle, is the legal owner
notified that the vehicle has been seized, or are they left in the dark,
and to who is the search warrant physically issued/handed to for seizure
of the vehicle.
-- Can you the New Zealand Police stop the owner of a property from being
there while a search is being carried out.
Yours faithfully,
David Morris-Bamber
-----Original Message-----
Dear David Morris-Bamber
Please find attached the reply to your correspondence
of 19 December 2019.
Kind regards
Ministerial Services
PNHQ
===============================================================
WARNING
The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If
you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.
Also note, the views expressed in this message may not necessarily
reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #11920 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[1]https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.
-------------------------------------------------------------------
References
Visible links
1. https://fyi.org.nz/help/officers
hide quoted sections
New Zealand Police
Kia ora
Please find attached the response to your correspondence of 20 February
2020.
Police's response to Covid-19 has had a severe impact on our ability to
respond to your request in a timely manner. We appreciate this will be
frustrating for you, and we thank you for your understanding.
Kind regards
Ministerial Services
PNHQ
===============================================================
WARNING
The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.
Also note, the views expressed in this message may not necessarily reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately
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Mr Rodgers left an annotation ()
I think what the Police are saying in a muddled way is that there are at least half a dozen provisions in the Search & Surveillance Act for "Warrantless Searches" of vehicles.
Link to this