Search Orders (or Anton Piller Orders as they were originally titled and remained known for some 35 years) represent a highly invasive and draconian use of the Court's powers in its civil jurisdiction. They direct an owner or occupier of premises to permit, without any prior notice whatever, another person or group of persons to enter private, business or residential premises and seize property and take it away for safe keeping and analysis. They have been regarded as at the extreme outer limits of the Court's jurisdictions, as with freezing (Mareva) orders. Developed in England in the early to mid 1970s they became accepted as part of the armoury of commercial and intellectual property litigators in all common law jurisdictions around the world including New Zealand. In most of those jurisdictions the rules of practice and procedure applicable to search orders were developed incrementally and engrafted on to existing rules of Court dealing with discovery and preservation of property. Gradually codification occurred and almost without exception the jurisdiction is now specifically recognised in bespoke rules of Court. Written by an internationally renowned author with almost 40 years experience Search Orders is a practical guidance handbook on search orders, ancillary orders and practice and procedure generally. The book covers: requirements; jurisdiction; procedure; obligations of good faith and full disclosure; undertakings; third party issues; ancillary orders; no departure orders; execution; compliance and costs amongst other relevant matters.
It also includes sample forms and precedents.