NOTICE OF DEFECT – INVALID WARRANT

NOTICE OF DEFECT – INVALID WARRANT

(Without Prejudice – All Rights Reserved)

Reference: Search Warrant SW189440074235-450
Date of Issue: 3 September 2025
Location:  Rangitīkei District

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TO: New Zealand Police – Officer in Charge of Execution

I, Tracy Lynch, Attorney under instruction from Trustees for in LandsAirWater Counsel – Private Trust, issue this formal notice of defect regarding the above-referenced warrant.

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Grounds of Defect
1. No Proper Issuer Identification
The document purports to be issued under the Search and Surveillance Act 2012. However, instead of carrying the name and signature of a Judge or Authorised Issuing Officer as required, the warrant only carries a number (6480).
2. Statutory Non-Compliance
• Section 103(2) of the Search and Surveillance Act 2012 requires a warrant to be signed and dated by the issuing officer.
• The absence of a proper name and signature prevents verification of the issuer’s identity, authority, and impartiality.
• This omission renders the warrant facially invalid.
3. Denial of Information
When the issuing officer’s name was requested, Police refused to disclose it. This obstructs the Trust’s ability to verify the warrant’s lawfulness and to exercise rights of review or appeal.

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Effect

Accordingly:
• The warrant is defective and unenforceable.
• Any entry, search, or seizure undertaken under its purported authority is unlawful and constitutes trespass and breach of trust protections.
• Any evidence obtained under this defective warrant is liable to be excluded as improperly obtained under s30 of the Evidence Act 2006.

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Notice to Police
• You are hereby placed on notice that any attempt to enforce this defective warrant will be treated as unauthorised interference with Trust property and subject to claim for damages, costs, and insurance recovery.
• You are directed to provide the full name, designation, and authorisation status of the alleged issuing officer immediately.

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Issued By:
Tracy Lynch, Attorney
On instruction from Trustees,
in LandsAirWater Counsel – Private Trust
PO Box 237, Gore

Date: 4 September 2025

Learn from this sort of notice, there is some good information in this!