Search and Surveillance Act 2012

1: Title
This Act is the Search and Surveillance Act 2012.
2: Commencement
1: Part 1 subpart 1 section 49(3) and (4) sections 136 140 141 148 162 165 166 167 168 169 170 171 172 175 179 180 181 247 248 251(3) 325 334(1) and (7) 337(4) 342 343 346 347 349 350 352 353 354 355 356
2: The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.
3: To the extent that it is not previously brought into force under subsection (2), the rest of this Act comes into force on 1 April 2014.
4: In this section, provision Schedule
5: An order under this section is secondary legislation ( see Part 3 OIC SR 2012/229 2012-10-01 Search and Surveillance Act 2012 Part 2 and section 49(3) and (4) and subparts 2 to 4 of Part 3 and Part 4 (except sections 136, 140, 141, 148, 162, 165 to 172, 175 and 179 to 181 and Part 5 (except sections 201(3) to (9), 247, 248, 251(3), 302, 325(1) to (3), (5), and (7) to (13), 334(1) and (7), 337(4), 342, 343, 346, 347, 349, 350, and 352 to 356 and the Schedule, except the items relating to the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 and the Tax Administration Act 1994 OIC SR 2012/229 2013-06-30 Search and Surveillance Act 2012 section 201(3) to (9) and the item in the Schedule relating to the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 OIC SR 2013/302 2013-09-01 Search and Surveillance Act 2012 The rest of this Act brought into force. (section 302 and the item in the Schedule that relates to the Tax Administration Act 1994) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(2) brought into force 1 October 2012 clause 3 Search and Surveillance Act Commencement Order 2012 Section 2(2) brought into force 30 June 2013 clause 4 Search and Surveillance Act Commencement Order 2012 Section 2(2) brought into force 1 September 2013 clause 2 Search and Surveillance Act Commencement Order 2013 Section 2(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: General provisions
3: Interpretation
1: In this Act, unless the context otherwise requires,— access access information arms Arms Act 1983 business context
a: a provider of professional services or professional advice in relation to a person who is being investigated, or 1 or more of whose transactions are being investigated, in respect of an offence; or
b: a director, manager, officer, trustee, or employee of an entity that is being investigated, or 1 or more of whose transactions are being investigated, in respect of an offence category 3 offence section 6 category 4 offence section 6 chief executive
a: means the chief executive (however described) of any department of State, Crown entity, local authority, or other body that employs or engages enforcement officers as part of its functions; and
b: includes the Commissioner Commissioner computer system
a: means—
i: a computer; or
ii: 2 or more interconnected computers; or
iii: any communication links between computers or to remote terminals or another device; or
iv: 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and
b: includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and stored data constable section 4 controlled drug section 2(1) Crown entity section 7(1) Customs officer section 5(1) District Court Judge the District Court Act 2016 enforcement officer
a: a constable; or
b: any person authorised by an enactment specified in column 2 of the Schedule Part 4 equipment evidential material examination order section 38 informant section 6(1) intercept
a: while it is taking place; or
b: while it is in transit interception device
a: means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept or record a private communication (including a telecommunication); but
b: does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing issuing officer
a: a Judge:
b: a person, such as a Justice of the Peace, Community Magistrate, Registrar, or Deputy Registrar, who is for the time being authorised to act as an issuing officer under section 108 Judge law enforcement agency local authority section 5(1) medical practitioner section 114(1)(a) non-business context non-private premises nurse section 114(1)(a) Police article section 4 Police bail Part 2 Police employee section 4 Police uniform section 4 precursor substance section 2(1) private activity private communication
a: means a communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but
b: does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so private premises production order section 74 raw surveillance data
a: means actual video recordings or actual audio recordings; and
b: includes full transcripts, or substantial parts of transcripts, of audio recordings remote access search road block rub-down search sections 85(2) 86 87 search power
a: every search warrant issued under this Act or an enactment set out in column 2 of the Schedule
b: every power, conferred under this Act or an enactment set out in column 2 of the Schedule strip search
a: uncovered; or
b: covered only by underclothing surveillance device
a: an interception device:
b: a tracking device:
c: a visual surveillance device thing seized tracking device
a: means a device that may be used to help ascertain, by electronic or other means, either or both of the following:
i: the location of a thing or a person:
ii: whether a thing has been opened, tampered with, or in some other way dealt with; but
b: does not include a vehicle or other means of transport, such as a boat or helicopter trespass surveillance unique identifier
a: is assigned to him or her by the law enforcement agency that employs or engages him or her for the purposes of its operations; and
b: uniquely identifies him or her in relation to the law enforcement agency unlawfully at large
a: a person for whose arrest a warrant (other than a warrant issued under Part 3
b: unlawfully at large within the meaning of the Corrections Act 2004 Parole Act 2002
c: a prison breaker within the meaning of section 119
d: an escapee from lawful custody within the meaning of section 120
e: a special patient or restricted patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992
f: a care recipient or special care recipient within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003
g: a young person within the meaning of the Oranga Tamariki Act 1989 section 311(1) vehicle visual surveillance device
a: means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record, a private activity; but
b: does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision visual trespass surveillance
2: For the purposes of the definition of computer system, a computer is interconnected with another computer if it can be lawfully used to provide access to that other computer—
a: with or without access information; and
b: whether or not either or both computers are currently turned on; and
c: whether or not access is currently occurring. Section 3(1) arms replaced 15 November 2022 section 18 Firearms Prohibition Orders Legislation Act 2022 Section 3(1) Customs officer amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 3(1) District Court Judge amended 1 March 2017 section 261 District Court Act 2016 Section 3(1) unlawfully at large amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
4: Act binds the Crown
This Act binds the Crown.
5: Purpose
The purpose of this Act is to facilitate the monitoring of compliance with the law and the investigation and prosecution of offences in a manner that is consistent with human rights values by—
a: modernising the law of search, seizure, and surveillance to take into account advances in technologies and to regulate the use of those technologies; and
b: providing rules that recognise the importance of the rights and entitlements affirmed in other enactments, including the New Zealand Bill of Rights Act 1990 Privacy Act 2020 Evidence Act 2006
c: ensuring investigative tools are effective and adequate for law enforcement needs. Section 5(b) amended 1 December 2020 section 217 Privacy Act 2020
2: Police powers
1: Rules about search warrant powers in relation to places, vehicles, and other things
6: Issuing officer may issue search warrant
1: An issuing officer may issue a search warrant, in relation to a place, vehicle, or other thing, on application by a constable if the issuing officer is satisfied that there are reasonable grounds—
a: to suspect that an offence specified in the application and punishable by imprisonment has been committed, or is being committed, or will be committed; and
b: to believe that the search will find evidential material in respect of the offence in or on the place, vehicle, or other thing specified in the application.
2: This section does not apply to an application for a search warrant issued under section 18D Section 6(2) inserted 5 April 2023 section 19 Criminal Activity Intervention Legislation Act 2023
2: Warrantless powers to enter and search when effecting arrest
7: Entry without warrant to arrest person unlawfully at large
A constable may enter a place or vehicle without warrant to search for and arrest a person if the constable has reasonable grounds—
a: to suspect that a person is unlawfully at large; and
b: to believe that the person is there.
8: Entry without warrant to avoid loss of offender or evidential material
1: In the circumstances set out in subsection (2), a constable may—
a: enter a place or vehicle without a warrant; and
b: search for and arrest a person that the constable suspects has committed the offence.
2: The circumstances are that the constable has reasonable grounds—
a: to suspect that the person has committed an offence that is punishable by imprisonment and for which he or she may be arrested without warrant; and
b: to believe that the person is there; and
c: to believe that, if entry is not effected immediately, either or both of the following may occur:
i: the person will leave there to avoid arrest:
ii: evidential material relating to the offence for which the person is to be arrested will be destroyed, concealed, altered, or damaged. Stopping vehicle without warrant to effect arrest
9: Stopping vehicle to find persons unlawfully at large or who have committed certain offences
A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds—
a: to suspect that a person—
i: is unlawfully at large; or
ii: has committed an offence punishable by imprisonment; and
b: to believe that the person is in or on the vehicle.
10: Powers and duties of constable after vehicle stopped
1: A constable exercising the stopping power under section 9
a: require any person in or on the vehicle who the constable has reasonable grounds to suspect is unlawfully at large or has committed an offence punishable by imprisonment to supply all or any of his or her name, address, other contact details, and date of birth:
b: search the vehicle to locate the person referred to in section 9
c: search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under section 9 section 9
i: has been arrested; or
ii: is seen fleeing from the vehicle before he or she can be arrested.
2: Before conducting a search under a power conferred by subsection (1)(c), a constable must tell the driver the object of the proposed search, if the driver is not the person referred to in section 9
3: Warrantless searches of people who are to be locked up in Police custody
11: Warrantless searches of people who are, or are to be, locked up in Police custody
1: This section applies to any person who—
a: has been taken into lawful custody; and
b: is—
i: at a Police station; or
ii: in other premises, or is in, or about to be placed in, a vehicle, being used for Police purposes; and
c: is, or is to be, locked up (whether pending a decision as to bail under section 21
2: A constable, or a searcher used in accordance with section 12
3: A constable, or a searcher used in accordance with section 12
a: the person has not been searched under subsection (2); or
b: the person, since any search was conducted under subsection (2), has been in close proximity, or is reasonably suspected of having been in close proximity, to a person who was not locked up in Police custody (other than an enforcement officer or a searcher); or
c: the person, since any search was conducted under subsection (2), has been in close proximity, or is reasonably suspected of having been in close proximity, to another person who was eligible to be searched under this subsection but was not searched; or
d: there are reasonable grounds to believe that the person is in possession of anything that may be used to harm himself or herself or others.
4: A constable or searcher may take from the person subject to a search under this section any money or other property found during the search. 2008 No 72 s 37
12: Searchers
1: A Police employee in charge of a person to whom section 11
a: by someone of the same sex as the person to be searched; or
b: within a reasonable time of the person being taken into custody.
2: The Police employee in charge of a person who is taken into lawful custody and is to be locked up must be satisfied that a searcher used under this section has received appropriate training before that searcher conducts a search under section 11
3: The searcher must carry out the search as if he or she were a Police employee. 2008 No 72 s 38
13: Property taken from people locked up in Police custody
1: All money and every item of property taken from a person under section 11
a: any money or property that, in the opinion of a constable, may need to be given in evidence in proceedings arising out of a charge brought against the person:
b: any money or property whose possession may, in the opinion of a constable, constitute an offence.
2: Despite subsection (1), when a person described in section 11(1)
a: to the person into whose custody he or she is released; or
b: to the person in charge of the facility, if he or she is being released from Police custody in order to be held in custody in the facility.
3: Subsection (1) is subject to an order made under—
a: section 40
b: section 377 2008 No 72 s 39
4: Warrantless powers of entry in urgent circumstances
14: Warrantless entry to prevent offence or respond to risk to life or safety
1: A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a place or vehicle may—
a: enter the place or vehicle without a warrant; and
b: take any action that he or she has reasonable grounds to believe is necessary to prevent the offending from being committed or continuing, or to avert the emergency.
2: The circumstances are as follows:
a: an offence is being committed, or is about to be committed, that would be likely to cause injury to any person, or serious damage to, or serious loss of, any property:
b: there is risk to the life or safety of any person that requires an emergency response.
5: Warrantless powers for evidential material relating to serious offences
15: Entry without warrant to find and avoid loss of evidential material relating to certain offences
A constable may enter and search a place without a warrant if he or she has reasonable grounds—
a: to suspect that an offence punishable by imprisonment for a term of 14 years or more or an offence against section 6B(1)
b: to believe—
i: that evidential material relating to the offence is in that place; and
ii: that, if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered, or damaged. Section 15(a) amended 5 October 2021 section 39 Counter-Terrorism Legislation Act 2021
16: Searching people in public place without warrant for evidential material relating to certain offences
A constable may search a person without a warrant in a public place if the constable has reasonable grounds to believe that the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more or an offence against section 6B(1) Section 16 amended 5 October 2021 section 40 Counter-Terrorism Legislation Act 2021
17: Warrantless entry and search of vehicle for evidential material relating to certain offences
A constable may, without a warrant, enter and search a vehicle that is in a public place if he or she has reasonable grounds to believe that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more or an offence against section 6B(1) Section 17 amended 5 October 2021 section 41 Counter-Terrorism Legislation Act 2021
6: Warrantless powers in relation to arms
Subpart 6 heading amended 2 March 2025 section 13 Firearms Prohibition Orders Legislation Amendment Act 2024
18: Warrantless searches associated with arms
1: A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or all of the following:
a: search the person:
b: search any thing in the person's possession or under his or her control (including a vehicle):
c: enter a place or vehicle to carry out any activity under paragraph (a) or (b):
d: seize and detain any arms found:
e: seize and detain any licence under the Arms Act 1983
2: The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, and—
a: he or she is in breach of the Arms Act 1983
b: he or she, by reason of his or her physical or mental condition (however caused),—
i: is incapable of having proper control of the arms; or
ii: may kill or cause bodily injury to any person; or
c: that, under the Family Violence Act 2018
i: a protection order or a police safety order is in force against the person; or
ii: there are grounds to make an application against him or her for a protection order.
3: A constable may, without a warrant, enter a place or vehicle, search it, seize any arms or any licence under the Arms Act 1983
a: in respect of which a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983
b: that may be evidential material in relation to a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983 Section 18(2)(c) amended 1 July 2019 section 259(1) Family Violence Act 2018
18AA: Warrantless searches associated with FPOs
1: A constable, who has reasonable grounds to believe that a person is subject to an FPO made before, on, or after the commencement of this section, may, without a warrant, do any or all of the following for the purpose of checking whether the person is complying with the conditions of the FPO:
a: search the person:
b: search any thing in the person’s possession or under the person’s control (including a vehicle):
c: search any premises—
i: in which the person is present; or
ii: that the person occupies or controls:
d: search any vehicle in which the person is present and any other persons present in the vehicle who the constable has reasonable grounds to believe are in possession of arms:
e: enter a place or vehicle to carry out any activity under paragraphs (a) to (d):
f: seize and detain any arms found.
2: A constable may exercise the power in subsection (1) without having reasonable grounds to suspect that any offence has been, is being, or will be committed by the person.
3: In this section, FPO Part 7A Section 18AA inserted 2 March 2025 section 14 Firearms Prohibition Orders Legislation Amendment Act 2024
6A: Warrants to search and seize weapons when there is gang conflict
Subpart 6A inserted 5 April 2023 section 20 Criminal Activity Intervention Legislation Act 2023
18A: Interpretation
In this subpart, unless the context otherwise requires,— gang section 4 gang conflict
a: has involved, or is likely to involve, the use of weapons; and
b: has presented, or is likely to present, a risk of harm to persons or damage to property gang insignia section 4 gang member section 4 weapon
a: any arms; and
b: any other item made, or modified, for use to cause bodily injury. Section 18A inserted 5 April 2023 section 20 Criminal Activity Intervention Legislation Act 2023 Section 18A gang amended 21 November 2024 section 39 Gangs Act 2024 Section 18A gang insignia amended 21 November 2024 section 39 Gangs Act 2024 Section 18A gang member replaced 21 November 2024 section 39 Gangs Act 2024
18B: Application for warrant to search places and vehicles and seize weapons
If a gang conflict exists, a constable may apply to a Judge for a warrant to—
a: search places and vehicles in an area for the purpose of locating weapons at, in, or on those places or in or on those vehicles; and
b: seize any weapons found at, in, or on those places or in or on those vehicles. Section 18B inserted 5 April 2023 section 20 Criminal Activity Intervention Legislation Act 2023
18C: Content of application
1: An application made under section 18B
a: the name of the applicant; and
b: the provision that authorises the making of the application; and
c: the grounds on which the application is made (including the reasons why the applicant believes the legal requirements for issuing the warrant are satisfied); and
d: a description of the area in which the gang conflict exists; and
e: the name or names of the gang or gangs involved in the gang conflict; and
f: a description of the area in which the search of places and vehicles is proposed to be conducted; and
g: the name or names of the gang or gangs in that area involved in the gang conflict; and
h: the names of any persons other than persons who are gang members of a gang referred to in paragraph (e) whose places and vehicles are proposed to be entered and searched; and
i: the addresses or descriptions of the places proposed to be entered and searched; and
j: a description of the vehicles proposed to be entered and searched; and
k: the period for which the warrant is sought.
2: When considering an application made under section 18B
a: may require the applicant to provide further information concerning the grounds on which the warrant is sought; but
b: must not, in any circumstances, require the applicant to disclose the name, address, or any other identifying detail of an informant unless, and only to the extent that, that information is necessary for the Judge to assess either or both of the following:
i: the credibility of the informant:
ii: whether there is a proper basis for issuing the warrant.
3: The applicant must disclose in the application—
a: details of any other application for a search warrant that the applicant knows to have been made within the previous 3 months in respect of any place or vehicle proposed to be searched; and
b: the result of that application or those applications.
4: The applicant must, before applying for a search warrant under section 18B Section 18C inserted 5 April 2023 section 20 Criminal Activity Intervention Legislation Act 2023
18D: Issue of warrant to search places and vehicles in specified area and seize weapons
1: A Judge may issue a warrant on an application made under section 18B
a: a gang conflict exists; and
b: 1 or more gangs involved in the gang conflict are in a specified area; and
c: the issue of the warrant may reduce the risk of harm to people or property.
2: A Judge, if satisfied of either or both of the following matters, may issue a warrant authorising a search in the specified area of 1 or more specified places for the purpose of locating weapons and seizing any weapons found at, in, or on any of those places:
a: there are reasonable grounds to suspect that the specified places are owned, occupied, or used by 1 or more gang members of a specified gang:
b: there are reasonable grounds—
i: to suspect that the specified places are owned, occupied, or used by 1 or more specified persons; and
ii: to believe that the specified persons are encouraging or assisting in the gang conflict.
3: A warrant authorising the search of places specified under subsection (2) may only authorise the search of non-private premises if the Judge issuing the warrant is satisfied that there are reasonable grounds to suspect that the premises are being used by gang members to conduct gang-related activities involving weapons.
4: A Judge, if satisfied of either or both of the following matters, may issue a warrant authorising a search in the specified area of 1 or more specified vehicles for the purpose of locating weapons and seizing any weapons found in or on any of those vehicles:
a: there are reasonable grounds to suspect the specified vehicles are owned or used by 1 or more gang members of a specified gang:
b: there are reasonable grounds—
i: to suspect that the specified vehicles are owned or used by 1 or more specified persons; and
ii: to believe that the specified persons are encouraging or assisting in the gang conflict.
5: A warrant may also authorise a search within the specified area of any vehicles other than specified vehicles for the purpose of locating and seizing weapons found in or on the vehicles if a constable is satisfied that there are reasonable grounds to suspect that the vehicles are—
a: owned or used by 1 or more gang members of a specified gang; or
b: owned or used by 1 or more specified persons who are encouraging or assisting in the gang conflict.
6: In this section,— specified area
a: the same area as the area in which the gang conflict exists; or
b: a different area to the area in which the gang conflict exists; or
c: an area that includes part of the area in which the gang conflict exists; or
d: an area within the area in which the gang conflict exists specified gang specified person specified place specified vehicle Section 18D inserted 5 April 2023 section 20 Criminal Activity Intervention Legislation Act 2023
18E: Places and vehicles may be searched on more than 1 occasion
A warrant issued under section 18D
a: different places or vehicles:
b: the same place or vehicle, subject to any conditions specified in the warrant that the Judge considers reasonable. Section 18E inserted 5 April 2023 section 20 Criminal Activity Intervention Legislation Act 2023
18F: Form and content of warrant
1: This section applies in respect of a warrant issued under section 18D
2: Every warrant must be in the prescribed form, if any.
3: Every warrant must be directed to a constable.
4: A warrant may be—
a: executed by a constable:
b: subject to any conditions specified in the warrant that the issuing Judge considers reasonable, including (without limitation)—
i: any restriction on the time of execution that is reasonable:
ii: a condition that the occupier or person in charge of a place must provide reasonable assistance to a constable executing the warrant if, in the absence of such assistance, it would not be practicable to execute the warrant without undue delay.
5: Every search warrant must contain, in reasonable detail, the following particulars:
a: the name of the issuing Judge and the date on which the warrant was issued:
b: the provision that authorises the issue of the warrant:
c: a statement that the constable executing the warrant may use any assistance that is reasonable in the circumstances:
d: a statement that any constable may execute the warrant:
e: a statement that the constable executing the warrant may use any force, if authorised by this Act or any other enactment, that is reasonable in the circumstances to enter or break open or access any area within the place or vehicle being searched:
f: a description of the area in which authorised searches of places and vehicles may be conducted (the specified area
g: to the extent that is applicable,—
i: the addresses or descriptions of places in the specified area that are authorised to be searched ( specified places
ii: the descriptions of vehicles in the specified area that are authorised to be searched ( specified vehicles
iii: a statement that vehicles other than specified vehicles are authorised to be searched in the specified area in accordance with section 18D(5)
iv: the name or names of the gang or gangs in the specified area involved in the gang conflict ( specified gangs
v: the names of persons who are not gang members of a specified gang whose places and vehicles may be searched in the specified area ( specified persons
h: a description of what may be seized:
i: the period during which the warrant may be executed, being a period specified by the issuing Judge not exceeding 14 days from the date on which the warrant was issued:
j: any conditions specified by the issuing Judge under subsection (4)(b):
k: an explanation of the availability of relevant privileges and an outline of how any of those privileges may be claimed (where applicable):
l: a statement that any person found in the place or vehicle to be searched may be searched if there are reasonable grounds to believe that an item being searched for is on that person.
6: A person is not required, as a consequence of a condition imposed under subsection (4)(b), to give any information tending to incriminate the person.
7: In this section, issuing Judge section 18D Section 18F inserted 5 April 2023 section 20 Criminal Activity Intervention Legislation Act 2023
18G: Judge may require warrant report
1: A Judge who issues a warrant under section 18D section 18F(4)(b)
2: A search warrant report must contain the following information:
a: whether the warrant was executed; and
b: whether the execution of the warrant resulted in the seizure of any weapons; and
c: whether the execution of the warrant resulted in the seizure of evidential material, and, if so, whether that material was—
i: a weapon seized under the warrant; or
ii: material seized under section 123 123B
d: whether any other powers exercised in conjunction with the execution of the warrant resulted in the seizure of evidential material; and
e: whether any criminal proceedings have been brought, or are under consideration, that relate to—
i: the weapons seized; or
ii: any other evidential material seized. Section 18G inserted 5 April 2023 section 20 Criminal Activity Intervention Legislation Act 2023
7: Police powers in relation to Misuse of Drugs Act 1975 offences
19: Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants
A constable may search any person found in or on a place or vehicle, in relation to which a search warrant is issued under section 6 Misuse of Drugs Act 1975
20: Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds—
a: to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is—
i: a controlled drug specified or described in Schedule 1
ii: a controlled drug specified or described in Part 1
iii: a controlled drug specified or described in Part 1
iv: a precursor substance specified or described in Part 3
b: to suspect that in or on the place or vehicle an offence against the Misuse of Drugs Act 1975
c: to believe that, if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.
21: Warrantless searches of people found in or on places or vehicles
A constable conducting a search of a place or vehicle under section 20
22: Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
1: A constable may, in the circumstances set out in subsection (2), search a person without a warrant.
2: The circumstances are that the constable has reasonable grounds—
a: to believe that the person is in possession of—
i: a controlled drug specified or described in Schedule 1
ii: a controlled drug specified or described in Part 1
iii: a controlled drug specified or described in Part 1
iv: a precursor substance specified or described in Part 3
b: to suspect that an offence against the Misuse of Drugs Act 1975
3: This section does not—
a: limit section 20 21
b: authorise a constable to enter or search a place or vehicle except in accordance with those sections.
23: Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975
1: In the circumstances set out in subsection (2), a constable may require a person to permit a medical practitioner, nominated for the purpose by the constable, to conduct an internal examination of any part of the person's body by means of—
a: an X-ray machine or other similar device; or
b: a manual or visual examination (whether or not facilitated by any instrument or device) through any body orifice.
2: The circumstances are that—
a: the person is under arrest for an offence against section 6 7 11
b: the constable has reasonable grounds to believe that the person has secreted within his or her body any property—
i: that may be evidence of the offence with which the person is charged; or
ii: the possession of which by the person constitutes any other offence against section 6 7 11
3: A medical practitioner must not conduct an internal examination if he or she—
a: considers that to do so may be prejudicial to the person's health; or
b: is satisfied that the person is not prepared to permit an internal examination to be conducted.
4: This section does not limit or affect sections 13A to 13M
24: Effect of not permitting internal search under section 23 on bail application
1: In the circumstances set out in subsection (2), a court may decline to consider a bail application by a person, and may order that the person continue to be detained in Police custody, until the earlier of the following occurs:
a: the expiry of 2 days after the day on which the person was required under section 23(1)
b: the person permits the examination to be conducted.
2: The circumstances are that—
a: the person fails to permit an internal examination to be conducted under section 23
b: the court is satisfied that the requirement under section 23(1)
3: Nothing in subsection (1) limits a court's discretion to refuse bail.
4: This section overrides any contrary provisions about bail in any of the following:
a: the Bail Act 2000
b: the Misuse of Drugs Act 1975
c: the Criminal Procedure Act 2011
8: Warrantless powers in relation to offences against section 78
or 78AA Part 2 subpart 8 heading amended 28 September 2017 section 328 Intelligence and Security Act 2017
25: Warrantless searches if offence against section 78
or 78AA
1: A constable may, without a warrant, carry out a search in the circumstances set out in subsection (2).
2: The circumstances are that there are reasonable grounds—
a: to suspect that an offence against section 78 or 78AA
b: to believe that there is evidence in any place, or in or on any vehicle or other thing, as to the commission of that offence or evidence of a thing that is intended to be used for the purpose of committing that offence. 1961 No 43 s 78D Section 25 heading amended 28 September 2017 section 329(1) Intelligence and Security Act 2017 Section 25(2)(a) amended 28 September 2017 section 329(2) Intelligence and Security Act 2017
9: Warrantless powers in relation to offences against section 202A of Crimes Act 1961
26: Meaning of disabling substance and offensive weapon in this subpart
In this subpart,— disabling substance offensive weapon
27: Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected
A constable who has reasonable grounds to suspect that a person is committing an offence against section 202A(4)(a)
28: Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected
1: A constable who has reasonable grounds to suspect that the circumstances in subsection (2) exist in relation to a vehicle may search the vehicle.
2: The circumstances are that—
a: a person travelling in the vehicle or who has alighted from it is committing an offence against section 202A(4)(a)
b: the vehicle contains a knife, offensive weapon, or disabling substance.
10: Warrantless search of vehicle for stolen property
29: Power to search vehicles without warrant for stolen property
A constable who has reasonable grounds to believe that any stolen property is in or on any vehicle may search it without a warrant.
11: Warrantless powers relating to road blocks
30: Obtaining authorisation for warrantless road block
1: A senior constable may authorise the establishment of a road block for the purpose of arresting a person in the circumstances set out in subsection (2).
2: The circumstances are that the senior constable—
a: has reasonable grounds to believe that in or on a vehicle there is a person who the constable has reasonable grounds to suspect—
i: has committed an offence punishable by a term of imprisonment; or
ii: is unlawfully at large; and
b: has reasonable grounds to suspect that the vehicle will travel past the place where it is proposed that the road block be established; and
c: is satisfied that, as far as is reasonably practicable, the safety of all road users will be ensured in the area in which it is proposed that the road block be established.
3: An authorisation may be granted under this section orally or in writing.
4: In this section, senior constable
31: Duration and record of warrantless road block authorisation
1: An authorisation under section 30
a: is valid for an initial period not exceeding 24 hours specified by the person giving the authorisation; and
b: may be renewed from time to time by a District Court Judge for a single further period not exceeding 24 hours specified in writing by the Judge.
2: The person giving the authorisation must keep or cause to be kept a written record of the following matters:
a: the location of the road block that was authorised:
b: the period or periods for which the authorisation was granted or renewed:
c: the grounds on which the authorisation was granted or renewed.
32: Authorised road blocks implemented without warrant
Any constable may do any or all of the following when a road block is authorised under section 30
a: establish a road block at the place specified in the authorisation:
b: stop vehicles at or in the vicinity of the road block:
c: require any person in or on any vehicle stopped by the road block who the constable has reasonable grounds to suspect has committed an offence punishable by imprisonment to state any or all of his or her name, address, and date of birth:
d: search the vehicle for the purpose of locating a person referred to in section 30(2)(a)(i) or (ii)
12: Examination orders
Examination orders in business contexts
33: Inspector or more senior officer may apply for examination order in business context
1: A constable who is of or above the level of position of inspector may apply to a Judge for an examination order against a person in a business context if—
a: the constable is satisfied that the conditions specified in section 34
b: the making of the application is approved by—
i: a Deputy Commissioner; or
ii: an Assistant Commissioner; or
iii: the District Commander (other than an acting District Commander) of the Police district in which the constable is stationed.
2: An application made under this section must be made in writing, and must set out the following particulars:
a: the name of the applicant:
b: a description of the offence that it is suspected has been committed, is being committed, or will be committed:
c: the facts relied on to show reasonable grounds to suspect that an offence has been committed, or is being committed, or will be committed:
d: a description of the information sought to be obtained by the examination order:
e: the facts relied on to show reasonable grounds to believe that the person against whom the order is sought has the information:
f: the facts that indicate that the person against whom the order is sought acquired the information in respect of which the order is sought in a business context:
g: the facts that indicate that the person against whom the order is sought has been given a reasonable opportunity by a constable to provide the information but has not done so.
34: Conditions for making examination order in business context
The conditions for making an examination order in a business context against a person are that—
a: there are reasonable grounds to suspect that an offence punishable by imprisonment for a term of 5 years or more has been committed, or is being committed, or will be committed; and
b: there are reasonable grounds to believe that the person sought to be examined has information that constitutes evidential material in respect of the offence; and
c: there are reasonable grounds to believe that the person sought to be examined acquired the information in respect of which the order is sought in a business context; and
d: the person has been given a reasonable opportunity by a constable to provide that information and has not done so. Examination orders in contexts other than those of business
35: Inspector or more senior officer may apply for examination order in non-business context
1: A constable who is of or above the level of position of inspector may apply to a Judge for an examination order against a person in a non-business context if—
a: the constable is satisfied that the conditions specified in section 36
b: the making of the application is approved by—
i: a Deputy Commissioner; or
ii: an Assistant Commissioner; or
iii: the District Commander (other than an acting District Commander) of the Police district in which the constable is stationed.
2: An application made under this section must be made in writing, and must set out the following particulars:
a: the name of the applicant:
b: a description of the offence that it is suspected has been committed, is being committed, or will be committed:
c: the facts relied on to show reasonable grounds to suspect that an offence has been committed, or is being committed, or will be committed:
d: a description of the information sought to be obtained by the examination order:
e: the facts relied on to show reasonable grounds to believe that the person against whom the order is sought has the information:
f: the facts that indicate that the person against whom the order is sought acquired the information in respect of which the order is sought in a non-business context:
g: the facts that indicate that the person against whom the order is sought has been given a reasonable opportunity by a constable to provide the information but has not done so.
36: Conditions for making examination order in non-business context
The conditions for making an examination order in a non-business context against a person are that—
a: there are reasonable grounds to suspect that an offence punishable by imprisonment has been committed, or is being committed, or will be committed, and the offence—
i: involves serious or complex fraud that is punishable by imprisonment for a term of 7 years or more; or
ii: has been committed, or is being committed, or will be committed wholly or partly by an organised criminal group as defined in section 98A(2)
b: there are reasonable grounds to believe that the person sought to be examined has information that constitutes evidential material in respect of the offence; and
c: there are reasonable grounds to believe that the person sought to be examined acquired the information in respect of which the order is sought in a non-business context; and
d: the person has been given a reasonable opportunity by a constable to provide that information and has not done so. Other provisions that apply to examination order applications
37: Other provisions that apply to examination order applications
1: The provisions in subsection (2) apply to any application for an examination order as if—
a: any reference in those provisions to a search warrant were a reference to an examination order; and
b: any reference in those provisions to an issuing officer were a reference to a Judge; and
c: any reference in those provisions to the District Court were a reference to the District Court
2: The provisions are—
a: section 98(2)
b: section 99
c: section 100(1), (2), and (4)
d: section 101 Section 37(1)(c) amended 1 March 2017 section 261 District Court Act 2016 Making examination orders and contents of examination orders
38: Judge may make examination order
A Judge may, on an application made under section 33 35
a: the conditions specified in section 34 36
b: it is reasonable to subject the person to compulsory examination, having regard to the nature and seriousness of the suspected offending, the nature of the information sought, the relationship between the person to be examined and the suspect, and any alternative ways of obtaining the information.
39: Form and content of examination order
1: An examination order made under section 38
a: to attend before the Commissioner or a delegate of the Commissioner; and
b: to answer any questions that are relevant to the information in respect of which the order was made.
2: The examination order must set out the following:
a: the name of the person required to comply with the order:
b: the grounds on which the order is made:
c: the nature of the questions that the person is to be asked, being questions that are relevant to the information in respect of which the order was made:
d: if the examination is to be conducted by a delegate of the Commissioner, the name of the delegate:
e: a condition that, in accordance with section 43
f: any requirement that the Judge making the order considers reasonable for inclusion of specified information in the examination order report provided under section 43
g: where the examination is to take place:
h: when the examination is to take place or how a time for the examination is to be fixed. Other provisions relating to examination orders
40: Presence of lawyer
A person against whom an examination order is made must, before being required to appear before the Commissioner or the Commissioner’s delegate, be given a reasonable opportunity to arrange for a lawyer to accompany him or her.
41: Duration of examination order
An examination order is in force for the period specified in the order (not exceeding 30 days after the date on which the order is made).
42: Other provisions that apply to examination orders
Section 105 section 107
a: any reference in those provisions to a warrant or search warrant were a reference to an examination order; and
b: any reference in those provisions to an issuing officer were a reference to the Judge issuing an examination order. Examination order reports
43: Examination order reports
1: The Commissioner or the delegate of the Commissioner, as the case may be, who conducts an examination authorised by an examination order must provide an examination order report within 1 month after the completion of the examination conducted under the order, as specified in the order, to the Judge who made the order, or, if that Judge is unable to act, to a Judge of the same court as the Judge who made the order.
2: The examination order report must contain the following information:
a: whether the examination resulted in obtaining evidential material:
b: whether any criminal proceedings have been brought or are under consideration as a result of evidential material obtained by means of the examination:
c: any other information stated in the order as being required for inclusion in the examination order report.
13: Other matters
44: Common law defence of necessity for people other than constables not affected by this Part
Nothing in this Part affects the common law defence of necessity as it applies to persons who are not constables.
3: Enforcement officers' powers and orders
1: Surveillance device warrants and declaratory orders
45: Restrictions on some trespass surveillance and use of interception device
1: Nothing in this subpart authorises any enforcement officer to undertake trespass surveillance (other than by means of a tracking device) except in order to obtain evidential material in relation to an offence—
a: that is punishable by a term of imprisonment of 7 years or more; or
b: against section 16(4) 16A 42A 42B 43 43AA 44 44AA 44A 45 50 50A 50AA 50B 50C 50CA 50D 51 53A(2) 54 55 55A
c: against section 25 26 70
d: against section 308A
2: Nothing in this subpart authorises any enforcement officer to use an interception device except in order to obtain evidential material in relation to an offence—
a: that is punishable by a term of imprisonment of 7 years or more; or
b: against section 16(4) 16A 42A 42B 44 44A 45 50 50A 50B 50C 50D 51 53A(2) 54 55 55A
c: against section 25 26 70
d: against section 308A Section 45(1)(b) replaced 25 June 2020 section 109 Arms Legislation Act 2020 Section 45(1)(b) amended 15 November 2022 section 19 Firearms Prohibition Orders Legislation Act 2022 Section 45(1)(c) inserted 18 July 2013 section 108(3) Psychoactive Substances Act 2013 Section 45(1)(d) inserted 5 April 2023 section 12(1) Criminal Activity Intervention Legislation Act 2023 Section 45(2)(b) replaced 25 June 2020 section 109 Arms Legislation Act 2020 Section 45(2)(b) amended 15 November 2022 section 19 Firearms Prohibition Orders Legislation Act 2022 Section 45(2)(c) inserted 18 July 2013 section 108(5) Psychoactive Substances Act 2013 Section 45(2)(d) inserted 5 April 2023 section 12(2) Criminal Activity Intervention Legislation Act 2023 Surveillance device warrants
46: Activities for which surveillance device warrant required
1: Except as provided in sections 47 48
a: use of an interception device to intercept a private communication:
b: use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods:
c: observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:
d: use of a surveillance device that involves trespass to land or trespass to goods:
e: observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—
i: 3 hours in any 24-hour period; or
ii: 8 hours in total.
2: This section is subject to section 45
47: Some activities that do not require warrant under this subpart
1: No warrant under this subpart is required by an enforcement officer for any 1 or more of the following activities:
a: the enforcement officer—
i: being lawfully in private premises; and
ii: recording what he or she observes or hears there (provided that the enforcement officer records only those matters that he or she could see or hear without the use of a surveillance device):
b: covert audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them:
c: activities carried out under an authorisation issued under Part 4
d: activities carried out by the enforcement officer's use of a surveillance device, if that use is authorised under any enactment other than this Act.
2: Subsection (1)(b) does not prevent an enforcement officer from applying for a warrant authorising covert audio recording in the circumstances set out in that subsection. Section 47(1)(c) replaced 28 September 2017 section 335 Intelligence and Security Act 2017
48: Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency
1: An enforcement officer who is in any 1 or more of the situations set out in subsection (2) may use a surveillance device for a period not exceeding 48 hours from the time the surveillance device is first used without obtaining a surveillance device warrant, if—
a: he or she is entitled to apply for a surveillance device warrant in relation to those situations; but
b: obtaining a surveillance device warrant within the time in which it is proposed to undertake the surveillance is impracticable in the circumstances.
2: The situations are as follows:
a: the enforcement officer has reasonable grounds—
i: to suspect that an offence punishable by a term of imprisonment of 14 years or more or an offence against section 6B(1)
ii: to believe that use of the surveillance device would obtain evidential material in relation to the offence:
b: the enforcement officer has reasonable grounds—
i: to suspect that any 1 or more of the circumstances set out in section 14(2)
ii: to believe that use of the surveillance device is necessary to prevent the offending from being committed or continuing, or to avert the emergency:
c: the enforcement officer has reasonable grounds—
i: to suspect that any 1 or more of the circumstances set out in section 18(2)
ii: to believe that use of the surveillance device is necessary to facilitate the seizure of the arms:
d: the enforcement officer has reasonable grounds—
i: to suspect that a category 3 or 4 offence in relation to arms or an offence against the Arms Act 1983
ii: to believe that use of the surveillance device would obtain evidential material in relation to the offence:
e: the enforcement officer has reasonable grounds—
i: to suspect that an offence has been committed, or is being committed, or is about to be committed in relation to a controlled drug specified or described in Schedule 1 Part 1 Part 1 Part 3
ii: to believe that use of the surveillance device would obtain evidential material in relation to the offence:
f: the enforcement officer has reasonable grounds—
i: to believe that a person is in possession of any 1 or more of the things described in section 81(2)(a) to (d)
ii: to believe that use of the surveillance device is necessary to facilitate the thing's seizure.
3: An enforcement officer using, or intending to use, a surveillance device in accordance with subsection (1) may do any or all of the following, using any force that is reasonable in the circumstances to do so, in order to install, maintain, or remove the surveillance device, or to access and use electricity to power the surveillance device:
a: enter any premises, area, or vehicle:
b: break open or interfere with any vehicle or other thing:
c: temporarily remove any vehicle or other thing from any place where it is found and return it to that place.
4: This section is subject to section 45 Section 48(2)(a)(i) amended 5 October 2021 section 42 Counter-Terrorism Legislation Act 2021 Application for surveillance device warrant
49: Application for surveillance device warrant
1: An application for a surveillance device warrant may be made only by an enforcement officer, and must contain, in reasonable detail, the following particulars:
a: the name of the applicant:
b: the provision authorising the making of an application for a search warrant in respect of the suspected offence:
c: the grounds on which the application is made:
d: the suspected offence in relation to which the surveillance device warrant is sought:
e: the type of surveillance device to be used:
f: the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed surveillance:
g: a description of the evidential material believed to be able to be obtained by use of the surveillance device:
h: the period for which the warrant is sought.
2: If the enforcement officer cannot provide all the information required under subsection (1)(f) and (g), the application must instead state the circumstances in which the surveillance is proposed to be undertaken in enough detail to identify the parameters of, and objectives to be achieved by, the proposed use of the surveillance device.
3: The applicant must disclose in the application—
a: the details of any other applications for a search warrant or a surveillance device warrant that the applicant knows to have been made within the previous 3 months in respect of the person, place, vehicle, or other thing proposed as the object of the surveillance; and
b: the result of that application or those applications.
4: The applicant must, before making an application for a surveillance device warrant, make reasonable inquiries within the agency in which the applicant is employed or engaged for the purpose of complying with subsection (3).
5: Despite subsection (1), an application for a surveillance device warrant seeking authority to use visual trespass surveillance or an interception device may only be made by—
a: a constable; or
b: an enforcement officer employed or engaged by a law enforcement agency that has been approved by an Order in Council made under section 50
50: Approval of law enforcement agencies other than Police to carry out visual trespass surveillance and use interception devices
1: The Governor-General may, by Order in Council made on the recommendation of the Minister of Justice, approve a specified law enforcement agency other than the Police to do either or both of the following:
a: to carry out visual trespass surveillance:
b: to use interception devices.
2: The Minister of Justice may recommend the making of an Order in Council under subsection (1)(a), following consultation with the Minister of Police, if he or she is satisfied that it is appropriate for the agency to carry out visual trespass surveillance, and that the agency has the technical capability, and the policies and procedures in place, so that the surveillance can be carried out in a manner that ensures the safety of the people involved in the surveillance.
3: The Minister of Justice may recommend the making of an Order in Council under subsection (1)(b), following consultation with the Minister of Police, if he or she is satisfied that it is appropriate for the agency to use interception devices, and that the agency has—
a: the technical capability to intercept private communications in a manner that ensures the reliability of any information obtained through the use of an interception device; and
b: policies and procedures in place to ensure that the integrity of any information obtained through the use of an interception device is preserved; and
c: the expertise—
i: to extract evidential material from information obtained through the use of an interception device in a form that can be used in a criminal proceeding; and
ii: to ensure that any evidential material obtained through the use of an interception device is presented to the court in an appropriate manner, when the agency intends to proceed with a prosecution.
4: In this section, specified law enforcement agency means—
a: the New Zealand Customs Service; or
b: the Department of Internal Affairs.
5: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 50(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
51: Conditions for issuing surveillance device warrant
The conditions for issuing a surveillance device warrant are that—
a: there are reasonable grounds—
i: to suspect that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any enactment specified in column 2 of the Schedule
ii: to believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence; and
b: the restrictions in section 45
52: Other provisions that apply to surveillance device warrant applications
1: The provisions in subsection (2) apply to any application for a surveillance device warrant as if—
a: any reference in those provisions to a search warrant were a reference to a surveillance device warrant; and
b: any reference in those provisions to an issuing officer were a reference to a Judge; and
c: any reference in those provisions to the District Court were a reference to the District Court
2: The provisions are—
a: section 98(2)
b: section 99
c: section 100
d: section 101 Section 52(1)(c) amended 1 March 2017 section 261 District Court Act 2016 Issuing of surveillance device warrant
53: Who may issue surveillance device warrant
A surveillance device warrant may be issued by a Judge, on application under section 49 section 51
54: Restrictions on issue of surveillance device warrant
A Judge must not issue a surveillance device warrant that is primarily intended to facilitate surveillance or recording of activity between a lawyer and his or her client that is communication of a kind to which legal professional privilege normally applies unless the Judge is satisfied that there is a prima facie case that the communication is to be made or received—
a: for a dishonest purpose; or
b: for the purpose of planning to commit or committing an offence.
55: Form and content of surveillance device warrant
1: Every surveillance device warrant must—
a: be in the prescribed form, if any; and
b: be directed to every enforcement officer who has authority to carry out the activities authorised by the surveillance device warrant; and
c: specify a period, of no more than 60 days after the date on which the warrant is issued, for which it is in force; and
d: contain a condition that, in accordance with section 59
e: contain a condition that the enforcement officer carrying out the activities authorised by the warrant must not use any communication obtained under the authority of the warrant unless the privilege is waived or its use is authorised by a Judge, if he or she has reasonable grounds to believe that the communication may be subject to a privilege specified in section 136
2: A surveillance device warrant may be subject to any other conditions specified in the warrant that the Judge issuing it considers reasonable, including a requirement for inclusion of specified information in the surveillance device warrant report provided under section 59
3: Every surveillance device warrant must also contain, in reasonable detail, the following particulars:
a: the name of the Judge issuing the warrant and the date of issue:
b: the provision authorising the making of an application for a search warrant in respect of the suspected offence:
c: the type of surveillance device the use of which the warrant authorises:
d: the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed surveillance:
e: the evidential material relating to the suspected offence that may be obtained by use of the surveillance device:
f: that an enforcement officer carrying out the activities authorised by the warrant may use any assistance that is reasonable in the circumstances:
g: that an enforcement officer who, while carrying out the activities authorised by the warrant, obtains the content of a telecommunication may direct the relevant network operator to provide call associated data (as defined in section 3
i: a document within the meaning of section 70
ii: related to that telecommunication:
h: that, subject to section 45
i: enter any premises, area, or vehicle specified in the warrant:
ii: break open or interfere with any vehicle or other thing:
iii: temporarily remove any vehicle or other thing from any place where it is found and return it to that place.
4: Despite subsection (3)(d) and (e), if the Judge has not been provided in the application, or otherwise, with the information specified in those provisions because the applicant is unable to provide it, the warrant must instead state the details (as provided under section 52(2)
5: Despite subsection (1)(c), a Judge may issue a further surveillance device warrant in respect of the same suspected offence in regard to which the Judge, or another Judge, has previously issued a surveillance device warrant. Section 55(3)(g) amended 13 November 2018 section 40 Telecommunications (New Regulatory Framework) Amendment Act 2018 Section 55(3)(g) amended 11 May 2014 section 123 Telecommunications (Interception Capability and Security) Act 2013 Carrying out authorised surveillance activities and evidential material relevant to other offences
56: Carrying out authorised surveillance activities
A surveillance device warrant allows the following persons to carry out the activities authorised by it:
a: any or all of the persons to whom it is directed:
b: any assistant—
i: who is called upon by a person specified in paragraph (a) to help him or her to carry out the activities; and
ii: who, at all times that he or she is carrying out activities authorised by the warrant, remains under the supervision of a person specified in paragraph (a).
57: Admissibility of evidential material relevant to other offences
1: Subsection (2) applies if, in the course of carrying out activities authorised by a surveillance device warrant or while lawfully using a surveillance device in relation to an offence, a person obtains any evidential material in relation to an offence—
a: that is not the offence in respect of which the warrant was issued or in respect of which the surveillance device was lawfully put into use, as the case requires; but
b: in respect of which a surveillance device warrant could have been issued or a surveillance device could have been lawfully used.
2: The evidential material referred to in subsection (1) is not inadmissible in criminal proceedings by reason only that the surveillance device warrant that authorised the activity that obtained the material was issued in respect of a different offence or, as the case requires, that the material was obtained from the use of a surveillance device that was put into use in respect of a different offence. Other provisions applying to surveillance device warrants
58: Other provisions that apply to surveillance device warrants
Section 105 section 107
a: any reference in those provisions to a warrant or search warrant were a reference to a surveillance device warrant; and
b: any reference in those provisions to an issuing officer were a reference to the Judge issuing a surveillance device warrant. Surveillance device warrant reports
59: Surveillance device warrant report
1: A person who carries out the activities authorised by a surveillance device warrant must provide a surveillance device warrant report within 1 month after the expiry of the period for which the warrant is in force, as specified in the warrant, to the Judge who issued the warrant or, if that Judge is unable to act, to a Judge of the same court as the Judge who issued the warrant.
2: The surveillance device warrant report must contain the following information:
a: whether carrying out the activities authorised by the surveillance device warrant resulted in obtaining evidential material:
b: whether or not the evidential material obtained as a result of carrying out the activities authorised by the warrant was evidential material specified in the warrant in accordance with section 55(3)(e)
c: the circumstances in which the surveillance device was used:
d: whether any criminal proceedings have been brought or are under consideration as a result of evidential material obtained under the warrant:
e: any other information stated in the warrant as being required for inclusion in the surveillance device warrant report.
60: Report on use of surveillance device in situation of urgency or emergency
1: An enforcement officer who uses a surveillance device under the authority of section 48
2: The report made under subsection (1) must contain the following information:
a: whether the use of the surveillance device resulted in—
i: obtaining evidential material of the relevant offence (in the case of use of a surveillance device in a situation set out in section 48(2)(a), (d), or (e)
ii: preventing the offending from being committed or continuing, or averting the emergency (in the case of use of a surveillance device in a situation set out in section 48(2)(b)
iii: facilitating the seizure of the arms (in the case of use of a surveillance device in a situation set out in section 48(2)(c)
b: the circumstances in which the surveillance device was used.
3: A Judge who receives a report under subsection (1) may require the enforcement officer who used the surveillance device to supply further information regarding the circumstances surrounding the use of the surveillance device.
61: Actions on receipt of surveillance device warrant report
1: A Judge receiving a surveillance device warrant report under section 59
a: give directions as to the destruction or retention of the material obtained as a result of the surveillance:
b: if he or she considers that the surveillance activities carried out were in breach of any of the conditions of the warrant's issue, or of any applicable statutory provision, report on the breach to the chief executive of the relevant agency:
c: order that the subject of the surveillance be notified.
2: The Judge must not make an order under subsection (1)(c) unless he or she is satisfied—
a: that the circumstances set out in subsection (3) exist; and
b: that—
i: the warrant should not have been issued; or
ii: there has been a serious breach of any of the conditions of its issue, or of any applicable statutory provision.
3: The circumstances are that the public interest in notification outweighs any potential prejudice to any 1 or more of the following:
a: any investigation by the law enforcement agency:
b: the safety of informants or undercover officers:
c: the supply of information to the law enforcement agency:
d: any international relationships of the law enforcement agency.
62: Actions on receipt of report on use of surveillance device in situation of urgency or emergency
1: A Judge receiving a report under section 60
a: give directions as to the destruction or retention of the material obtained as a result of the use of the surveillance device:
b: if he or she considers that the use of the surveillance device was not authorised under section 48
c: order that the subject of the surveillance be notified.
2: The Judge must not make an order under subsection (1)(c) unless he or she is satisfied that—
a: the circumstances set out in subsection (3) exist; and
b: use of the surveillance device was a serious breach of the criteria set out in section 48
3: The circumstances are that the public interest in notification outweighs any potential prejudice to any 1 or more of the following:
a: any investigation by the law enforcement agency:
b: the safety of informants or undercover officers:
c: the supply of information to the law enforcement agency:
d: any international relationships of the law enforcement agency. Retention and destruction of raw surveillance data, excerpts, and other information obtained
63: Retention of raw surveillance data, excerpts, and information obtained
1: Raw surveillance data may be retained by the law enforcement agency that collected it—
a: until the conclusion of criminal proceedings in relation to an offence in respect of which the data was collected, including the later of—
i: the conclusion of any appeal proceedings brought in relation to the offence; or
ii: the expiry of any period for bringing such an appeal; or
b: until the later of a maximum period of 3 years, or any further period specified in an order made under subsection (2), if—
i: no criminal proceedings have commenced in relation to any offence in respect of which the data was collected; but
ii: the data is required for an ongoing investigation by the agency.
2: A Judge may make an order extending by no more than a further 2 years the period for which raw surveillance data may be retained by the agency in the circumstances in subsection (1)(b)(i) and (ii) if—
a: the agency applies for the order before the expiry of the initial 3-year period; and
b: the Judge is satisfied that the data is required for that ongoing investigation.
3: Excerpts from raw surveillance data may be retained by the law enforcement agency that collected it in accordance with an order made by a Judge on application by the agency.
4: A Judge may make an order under subsection (3) if—
a: the law enforcement agency that collected the raw surveillance data applies for the order; and
b: the Judge is satisfied that the excerpts may be required for a future investigation.
5: An order made under subsection (2) or (3) may be made subject to any condition specified in the order that the Judge issuing it considers reasonable.
6: Information that is obtained from raw surveillance data but that does not itself constitute raw surveillance data may be retained by the law enforcement agency that collected it if there are reasonable grounds to suspect that the information may be relevant to an ongoing or future investigation by the agency.
7: This section is subject to—
a: any direction given under section 61(1)(a) 62(1)(a)
b: any enactment requiring the retention of information that is part of a court record.
64: Disposal of raw surveillance data, excerpts, and information obtained
A law enforcement agency must ensure that any raw surveillance data, excerpts from raw surveillance data, and information obtained from it that is not itself raw surveillance data, and that is not retained in accordance with section 63 Declaratory orders
65: What is a declaratory order
1: A declaratory order is a statement by a Judge that he or she is satisfied that the use of a device, technique, or procedure, or the carrying out of an activity, specified in the order is, in the circumstances of the use or the carrying out of the activity specified in the order, reasonable and lawful.
2: A declaratory order is advisory in character and does not affect the jurisdiction of any court to determine whether the activity that was the subject of the order was reasonable and lawful. Applying for declaratory order
66: When to obtain declaratory order
1: An enforcement officer may apply for a declaratory order in the circumstances set out in subsection (2).
2: The circumstances are that—
a: the enforcement officer wishes to use a device, technique, or procedure, or to carry out an activity, that is not specifically authorised by another statutory regime; and
b: the use of the device, technique, or procedure, or the carrying out of the activity, may constitute an intrusion into the reasonable expectation of privacy of any other person.
67: Application for declaratory order
An application for a declaratory order may be made only by an enforcement officer, and must contain, in reasonable detail, the following particulars:
a: the name of the applicant:
b: a description of the device, technique, procedure, or activity, with enough detail to enable the Judge to understand what is proposed to be used or undertaken:
c: the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed use of the device, technique, or procedure, or of the proposed activity (if available):
d: the circumstances in which the device, technique, or procedure is proposed to be used, or in which the activity is proposed to be undertaken:
e: the purpose for which the device, technique, or procedure is to be used, or for which the activity is to be undertaken. Making declaratory order
68: Who may make declaratory order
A Judge may make a declaratory order if he or she is satisfied that the use of a device, technique, or procedure, or the carrying out of an activity, in the circumstances of the proposed use or carrying out of the activity, is reasonable and lawful.
69: Form and content of declaratory order
1: Every declaratory order must be in the prescribed form, if any.
2: Every declaratory order must also contain, in reasonable detail, the following particulars:
a: the name of the Judge making the order and the date the order is made:
b: a description of the device, technique, procedure, or activity that the order relates to, with enough detail to enable the enforcement officer using the device, technique, or procedure, or undertaking the activity, to understand what is covered by the order:
c: the name, address, or other description of the person, place, vehicle, or other thing that is the object of the use of the device, technique, or procedure, or of the activity (if available):
d: the circumstances in which the device, technique, or procedure is to be used, or in which the activity is to be undertaken:
e: the purpose for which the device, technique, procedure, or activity is to be used, or for which the activity is to be undertaken.
2: Production orders
70: Interpretation
In this subpart,— call associated data network operator section 3 document section 71 Section 70 call associated data network operator amended 13 November 2018 section 40 Telecommunications (New Regulatory Framework) Amendment Act 2018 Section 70 call associated data network operator amended 11 May 2014 section 123 Telecommunications (Interception Capability and Security) Act 2013
71: Enforcement officer may apply for production order
1: An enforcement officer who may apply for a search warrant to obtain documents may apply to an issuing officer for a production order against a person in respect of those documents if the enforcement officer is satisfied that the conditions, specified in section 72
2: An application under this section must be in writing and must set out the following particulars:
a: the name of the applicant:
b: the provision authorising the making of an application for a search warrant in respect of the suspected offence:
c: a description of the offence that it is suspected has been committed, is being committed, or will be committed:
d: the facts relied on to show reasonable grounds to suspect that an offence has been committed, or is being committed, or will be committed:
e: a description of the documents for which production is sought:
f: the facts relied on to show reasonable grounds to believe the documents sought are in the possession or under the control of the person against whom the order is sought:
g: whether the person against whom the order is made should be required to produce,—
i: on 1 occasion only, those documents for which production is sought that are in his or her possession or under his or her control when the order is made; or
ii: on an ongoing basis, those documents for which production is sought that are in his or her possession or under his or her control at the time the order is made, and those documents for which production is sought and that come into his or her possession or come under his or her control at any time while the order is in force.
72: Conditions for making production order
The conditions for making a production order are that there are reasonable grounds—
a: to suspect that an offence has been committed, or is being committed, or will be committed (being an offence in respect of which this Act or any enactment specified in column 2 of the Schedule
b: to believe that the documents sought by the proposed order—
i: constitute evidential material in respect of the offence; and
ii: are in the possession or under the control of the person against whom the order is sought, or will come into his or her possession or under his or her control while the order is in force.
73: Other provisions that apply to production order applications
1: The provisions in subsection (2) apply to any application for a production order as if any reference in those provisions to a warrant or search warrant were a reference to a production order.
2: The provisions are—
a: section 98(2)
b: section 99
c: section 100
d: section 101
74: Issuing officer may make production order
An issuing officer may make a production order against a person if satisfied, on an application made under section 71 section 72
75: Form and content of production order
1: A production order must be in the prescribed form, if any, and must require the person against whom it is made ( person A
a: to give the enforcement officer who applied for the order, or a person identified in the order, any documents described in the order that are in the possession or under the control of person A, and, if section 71(2)(g)(ii)
b: if any of those documents are not, or are no longer, in the possession or under the control of person A, to disclose, to the best of person A's knowledge or belief, the location of those documents to the enforcement officer who applied for the order or to the person identified in the order.
2: The production order must set out the following:
a: the name of person A:
b: the grounds on which the order is made:
c: the documents required to be given:
d: whether the documents must be produced on 1 occasion only, or whether they are required to be produced on an ongoing basis for the duration of the entire order:
e: the time by which, and the way in which, the documents must be produced.
3: The production order may describe the documents required to be given by reference to a class or category of document.
4: If the production order is made against a body corporate or an unincorporated body, the order may specify an individual (whether by name or by reference to a position held in the body) who is to comply with the order as the body’s representative.
76: Duration of production order
A production order is in force for the period specified in the order (not exceeding 30 days after the date on which the order is made).
77: Other provisions applying to production orders
Section 105 section 107
78: Documents produced under production order
When any document is produced in compliance with a production order, the enforcement officer who applied for the order may do any 1 or more of the following things:
a: retain the original document produced if it is relevant to the investigation:
b: take copies of the document, or of extracts from the document:
c: if necessary, require the person producing the document to reproduce, or to assist any person nominated by the chief executive or a delegate of the chief executive to reproduce, in usable form, any information recorded or stored in the document.
79: Copy of retained document to be given
An enforcement officer who, in accordance with section 78(a)
3: Police and Customs officer powers to search in relation to delivery under section 12 of Misuse of Drugs Amendment Act 1978
80: Meaning of terms used in this subpart
In this subpart, unless the context otherwise requires, craft package vehicle section 5(1) Section 80 amended 1 October 2018 section 443(3) Customs and Excise Act 2018
81: Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978
1: In the circumstances set out in subsection (2), a constable or a Customs officer may, during the course of a delivery in relation to which a Customs officer has exercised his or her powers under section 12
a: search a person involved in a delivery under section 12
b: enter and search any place, craft, or vehicle:
c: seize anything that he or she has reasonable grounds to believe is a thing described in any of paragraphs (a) to (d) of subsection (2).
2: The circumstances are that the constable or the Customs officer has reasonable grounds to believe that the person is in possession of, or the place, craft, or vehicle contains, any 1 or more of the following:
a: a controlled drug:
b: a precursor substance:
c: a package in relation to which the Customs officer has replaced all or a portion of any controlled drug or precursor substance:
d: evidential material in relation to the commission of an offence under section 6(1)(a) 12AB
4: Warrantless powers of entry and search incidental to arrest or detention
82: Application of this subpart
This subpart applies to any person who has exercised a power of arrest or detention, or both, by or under this Act or any other enactment, other than—
a: the Armed Forces Discipline Act 1971
b: the Defence Act 1990
c: any regulations made under either of those Acts.
83: Entry without warrant after arrest
1: This section applies if a person—
a: arrests a person for an offence; and
b: has reasonable grounds to believe that evidential material relating to the offence is at a place and that the evidential material will be destroyed, concealed, altered, or damaged if entry to that place is delayed to obtain a warrant.
2: The person may enter the place without a warrant to search for the evidential material relating to the offence (whether or not the person was arrested there).
84: Warrantless entry and search of vehicle after arrest
A person to whom this subpart applies who has arrested a person and who has reasonable grounds to believe that evidential material relating to the offence for which the person was arrested is in or on a vehicle may enter and search it without a warrant.
85: Rub-down search of arrested or detained person
1: A person to whom this subpart applies may carry out a rub-down search of a person, in accordance with this section, when the person is arrested, or detained under a statutory power of detention, in order to ensure that the person is not carrying anything that may be used—
a: to harm any person; or
b: to facilitate the person’s escape.
2: For the purposes of this section and sections 86 87 rub-down search
a: run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than the underclothing) of that person:
b: insert his or her hand inside any pocket or pouch in the clothing (other than the underclothing) of the person being searched:
c: for the purpose of permitting a visual inspection, require the person being searched to do any or all of the following:
i: open his or her mouth:
ii: display the palms of his or her hands:
iii: display the soles of his or her feet:
iv: lift or rub his or her hair.
86: Things that can be done to facilitate rub-down search
1: For the purpose of facilitating any of the actions referred to in any of paragraphs (a) to (c) of section 85(2)
a: to remove, raise, lower, or open any outer clothing (including (without limitation) any coat, jacket, jumper, or cardigan) being worn by the person being searched, except where that person has no other clothing, or only underclothing, under that outer clothing; and
b: to remove any head covering, gloves, or footwear (including socks or stockings) being worn by that person.
2: A rub-down search of a person may include searching—
a: any item carried by, or in the possession of, the person; and
b: any outer clothing removed, raised, lowered, or opened for the purposes of the search; and
c: any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.
87: Rub-down search may include visual examination
A rub-down search may include a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but must not include the insertion of any instrument, device, or thing into any of those orifices.
88: Warrantless search of arrested or detained person
1: A person to whom this subpart applies may, in the circumstances set out in subsection (2), carry out a search of a person.
2: The circumstances are that the person to whom this subpart applies has reasonable grounds to believe that there is any thing on or carried by a person who is arrested or detained under a statutory power of detention that—
a: may be used to harm any person; or
b: may be used to facilitate the person’s escape; or
c: is evidential material relating to the offence in respect of which the arrest is made or the person is detained.
4: General provisions in relation to search, surveillance, and inspection powers
1: Application of rules in this Part, and consent searches
Application of rules
89: Application of this Part
1: This Part, so far as applicable and subject to any contrary provisions, applies in respect of matters provided in Parts 2 3
a: powers conferred on the Police by Part 2
b: search warrants and examination orders applied for, issued, or made under Part 2
c: powers conferred on enforcement officers by Part 3
d: surveillance device warrants, declaratory orders, and production orders applied for, issued, or made under Part 3
e: any other matter provided for in Part 2 3
2: This Part also applies in respect of powers conferred by—
a: the enactments listed in column 2 of the Schedule
b: any other enactment, to the extent that the other enactment expressly applies any provisions in this Part.
3: To the extent of any inconsistency between the Schedule
4: Column 3 of the Schedule
5: If any provision in this Part applies (because of subsection (2)) in respect of any warrant or any power that authorises entry and inspection, or entry and examination, every reference in that provision to a search must, in relation to that warrant and its execution, or in relation to that power and its exercise, be read instead, as the case requires, as a reference to an inspection, or a power of inspection, or an examination, or a power of examination.
6: If any provision in this Part applies (because of subsection (2)) in respect of any warrant that may be issued, or any power of entry, search, inspection, or examination that may be exercised, by reason of a contravention other than an offence, every reference in that provision to an offence must, in relation to the warrant and its execution, or to the power and its exercise, be read instead as a reference to such a contravention.
90: Application of rules in relation to enforcement officers and transfer of things between law enforcement agencies, etc
1: Any duty imposed on an enforcement officer under this Part may be carried out instead by an enforcement officer employed or engaged by the same law enforcement agency as the other enforcement officer.
2: Subsection (3) applies if any thing is seized by or produced to a person employed or engaged by any law enforcement agency and the thing is then transferred to another law enforcement agency for the purposes of investigation, prosecution, or forfeiture.
3: If this subsection applies, the obligations imposed by this Part on any law enforcement agency or any enforcement officer engaged by that agency must, after the transfer of the thing referred to in subsection (2), be carried out by the law enforcement agency to which the thing is transferred or by an enforcement officer employed by that agency.
4: Subsection (3) is subject to any contrary provisions in any other enactment.
2: Consent searches
91: Application of rules about consent searches
Sections 92 to 95
92: Purposes for which consent search may be undertaken
An enforcement officer may ask a person to consent to undergo a search or to consent to a search being made of a place, vehicle, or other thing apparently in the control of the person, if the enforcement officer wishes to conduct the search for 1 or more of the following purposes:
a: to prevent the commission of an offence:
b: to protect life or property, or to prevent injury or harm:
c: to investigate whether an offence has been committed:
d: any purpose in respect of which the enforcement officer could exercise a power of search conferred by an enactment, if he or she held a particular belief or suspicion specified in the enactment.
93: Advice that must be given before consent search undertaken
Before conducting a search by consent, the enforcement officer who proposes to conduct it must—
a: determine that the search is for a purpose authorised by section 92
b: advise the person from whom consent is sought of the reason for the proposed search; and
c: advise the person that he or she may either consent to the search or refuse to consent to the search.
94: Circumstances where search by consent unlawful
A search by consent is unlawful if—
a: it is not for a purpose set out in section 92
b: the enforcement officer fails to comply with section 93(a), (b), or (c)
c: the search is undertaken in reliance on a consent given by a person who does not have authority to give that consent.
95: Ability of persons under 14 years to consent to searches of places, vehicles, or other things
1: A person under 14 years of age is unable to consent to the search of a place, vehicle, or other thing.
2: Subsection (1) does not apply to a person under 14 years of age who is found driving a vehicle with no passenger of or over the age of 14 years with authority to consent to the search of the vehicle.
96: Exceptions to consent search rules
Sections 92 to 95
a: apply to a search conducted as a condition of entry to any public or private place; or
b: apply to a search conducted in accordance with a power conferred by an enactment; or
c: affect the rule of law relating to the implied licence to enter property.
3: Search warrants
97: Interpretation
In this subpart, unless the context otherwise requires,— applicant
a: a constable:
b: any other person authorised to apply for a search warrant by this Act or any enactment specified in column 2 of the Schedule thing Application for search warrant
98: Application for search warrant
1: An application for a search warrant must contain, in reasonable detail, the following particulars:
a: the name of the applicant:
b: the provision authorising the making of the application:
c: the grounds on which the application is made (including the reasons why the legal requirements for issuing the warrant are believed by the applicant to be satisfied):
d: the address or other description of the place, vehicle, or other thing proposed to be entered, or entered and searched, inspected, or examined:
e: a description of the item or items or other evidential material believed to be in or on the place, vehicle, or other thing that are sought by the applicant:
f: the period for which the warrant is sought:
g: if the applicant wants to be able to execute the warrant on more than 1 occasion, the grounds on which execution on more than 1 occasion is believed to be necessary.
2: The issuing officer—
a: may require the applicant to supply further information concerning the grounds on which the search warrant is sought; but
b: must not, in any circumstances, require the applicant to disclose the name, address, or any other identifying detail of an informant unless, and only to the extent that, such information is necessary for the issuing officer to assess either or both of the following:
i: the credibility of the informant:
ii: whether there is a proper basis for issuing the warrant.
3: The applicant must disclose in the application—
a: details of any other application for a search warrant that the applicant knows to have been made within the previous 3 months in respect of the place, vehicle, or other thing proposed to be searched; and
b: the result of that application or those applications.
4: The applicant must, before making an application for a search warrant, make reasonable inquiries within the law enforcement agency in which the applicant is employed or engaged, for the purpose of complying with subsection (3).
5: The issuing officer may authorise the search warrant to be executed on more than 1 occasion during the period in which the warrant is in force if he or she is satisfied that this is required for the purposes for which the warrant is being issued.
6: This section does not apply to an application made under section 18B see section 18C Section 98(6) inserted 5 April 2023 section 21 Criminal Activity Intervention Legislation Act 2023
99: Application must be verified
An application for a search warrant must contain or be accompanied by a statement by the applicant confirming the truth and accuracy of the contents of the application.
100: Mode of application for search warrant
1: An application for a search warrant—
a: must be in writing, unless subsection (3) applies; and
b: may be transmitted to the issuing officer electronically.
2: The applicant must appear in person before, or communicate orally with, the issuing officer, unless subsection (4) applies.
3: An issuing officer may allow an application for a search warrant to be made orally (for example, by telephone call) or by personal appearance and excuse the applicant from putting all or any part of the application (including any required material) in writing if—
a: the issuing officer is satisfied that the delay that would be caused by requiring an applicant to put all or any part of the application (including any required material) in writing would compromise the effectiveness of the search; and
b: the issuing officer is satisfied that the question of whether the warrant should be issued can properly be determined on the basis of an oral communication or a personal appearance (together with the material described in paragraph (c)); and
c: the information required by section 98(1) to (3)
4: An issuing officer may allow an application for a search warrant to be made without either an appearance in person or an oral communication with the issuing officer if—
a: the issuing officer is satisfied that the question of whether the search warrant should be issued can properly be determined on the basis of any written communication by the applicant (including the material described in paragraph (b)); and
b: the information required by section 98(1) to (3)
c: the issuing officer is satisfied that there is no need to ask any questions of, or seek any further information from, the applicant.
5: An issuing officer who allows an application for a search warrant to be made under subsection (3) must record the grounds for the application as soon as practicable.
101: Retention of documents
1: A copy (whether in electronic form or otherwise) of every written application for a search warrant, or (in the case of an oral application) the record of the application made by the issuing officer, must be retained under the control of the Registrar of the office of the District Court the office of the District Court
a: in a case where a search warrant is issued, the completion of any proceedings in respect of which the validity of the warrant may be in issue; or
b: in any other case, the expiry of 2 years after the records were first retained under the control of the Registrar of the District Court
2: An applicant to whom a search warrant is issued must retain (whether in electronic form or otherwise) the warrant, a copy of the application (if made in written form), copies of all documents tendered by the applicant in support of the application, and a copy of any search warrant report referred to in section 104
a: the date of completion of any proceedings in respect of which the validity of the warrant may be in issue:
b: the date of destruction or transfer of the warrant and other documents under the Public Records Act 2005 Section 101(1) amended 1 March 2017 section 261 District Court Act 2016 Section 101(1)(b) amended 1 March 2017 section 261 District Court Act 2016 Issuing of search warrant
102: Restrictions on issue of search warrant
An issuing officer must not issue a warrant to seize any thing held by a lawyer that is a communication of a kind to which legal professional privilege normally applies, unless the issuing officer is satisfied that there is a prima facie case that the thing was made, or received, or compiled, or prepared—
a: for a dishonest purpose; or
b: for the purpose of planning to commit or committing an offence.
103: Form and content of search warrant
1: Every search warrant issued must be in the prescribed form, if any.
2: Every search warrant issued must be directed to every enforcement officer who has authority to execute the warrant.
3: A search warrant may be—
a: executed by—
i: any or all of the persons to whom it is directed; or
ii: any constable (whether or not the warrant is directed to that constable or to every constable):
b: subject to any conditions specified in the warrant that the issuing officer considers reasonable, including (without limitation)—
i: any restriction on the time of execution that is reasonable:
ii: a condition that the occupier or person in charge of a place must provide reasonable assistance to a person executing the warrant if, in the absence of such assistance, it would not be practical to execute the warrant without undue delay:
c: executed only once, unless execution on more than 1 occasion has been authorised.
4: Every search warrant must contain, in reasonable detail, the following particulars:
a: the name or other individual designation of the issuing officer and the date of issue:
b: the provision or provisions authorising the issue of the warrant (including, where relevant, the suspected offence or offences):
c: that the person executing the warrant may use any assistance that is reasonable in the circumstances:
d: that any person authorised to do so may execute the warrant:
e: that the person executing the warrant may use any force, if authorised by this Act or any other enactment, that is reasonable in the circumstances to enter or break open or access any area within the place, vehicle, or other thing being searched, or the thing found:
f: the address or description of the place, vehicle, or other thing that may be entered, or entered and searched, inspected, or examined:
g: a description of what may be seized:
h: the period during which the warrant may be executed, being—
i: a period specified by the issuing officer not exceeding 14 days from the date of issue; or
ii: if the issuing officer is satisfied that a period of longer than 14 days is necessary for execution, a period specified by the issuing officer not exceeding 30 days from the date of issue:
i: any conditions specified by the issuing officer under subsection (3)(b):
j: if the warrant may be executed on more than 1 occasion, the number of times that the warrant may be executed:
k: if the warrant is intended to authorise a remote access search (for example, a search of a thing such as an Internet data storage facility that is not situated at a physical location) the access information that identifies the thing to be searched remotely:
l: an explanation of the availability of relevant privileges and an outline of how any of those privileges may be claimed (where applicable):
m: a statement that,—
i: in the case of a search under a search warrant issued in relation to offences under the Misuse of Drugs Act 1975
ii: in the case of any other search authorised by this Act or any enactment specified in column 2 of the Schedule section 119
5: A search warrant may authorise the search of more than 1 place, vehicle, or thing.
6: An issuing officer may not issue a search warrant authorising the remote access search of a thing unless he or she is satisfied that the thing is not located at a physical address that a person can enter and search.
7: A person is not required, as a consequence of a condition imposed under subsection (3)(b)(ii), to give any information tending to incriminate the person.
104: Issuing officer may require search warrant report
1: An issuing officer may impose a condition under section 103(3)(b)
2: A search warrant report must contain the following information:
a: whether the search warrant was executed:
b: whether the execution of the search warrant resulted in the seizure of evidential material, and, if so, whether that material was material—
i: specified in the search warrant; or
ii: seized under section 123 123B
iii: some of which was specified in the warrant and some of which was seized under section 123 123B
c: whether any other powers exercised in conjunction with the execution of the warrant resulted in the seizure of evidential material:
d: whether any criminal proceedings have been brought, or are under consideration, that relate to any evidential material seized. Section 104(2)(b)(ii) amended 5 April 2023 section 34 Criminal Activity Intervention Legislation Act 2023 Section 104(2)(b)(iii) amended 5 April 2023 section 34 Criminal Activity Intervention Legislation Act 2023
105: Transmission of search warrant
If it is not possible or practicable for the person charged with executing the warrant to have it in his or her possession at the time of execution, one of the following documents (which is deemed for all legal purposes to constitute the warrant) may be executed:
a: a facsimile, or a printout of an electronically generated copy, of a warrant issued by the issuing officer:
b: a copy made by the person to whom the warrant is directed, at the direction of the issuing officer and endorsed to that effect.
106: When search warrant executed
A search warrant is executed when the person executing the warrant and any person assisting in the execution of the warrant—
a: has seized all the items specified in the warrant; or
b: leaves the place, vehicle, or other thing being searched and does not return within 4 hours.
107: When search warrant invalid
1: A search warrant is invalid—
a: if, having regard to the information contained in the application, the grounds or conditions for lawful issue of a warrant set out in section 6 Schedule
b: if the warrant contains a defect, irregularity, omission, or want of form that is likely to mislead anyone executing or affected by the warrant as to its purpose or scope.
2: If a warrant is invalid under this section, neither section 204 section 379
108: Authorisation of issuing officers
1: The Attorney-General may authorise any Justice of the Peace, Community Magistrate, Registrar, Deputy Registrar, or other person to act as an issuing officer for a term, not exceeding 3 years, specified in the notice of authorisation.
2: The Attorney-General may not authorise an enforcement officer to act as an issuing officer.
3: The Attorney-General may not authorise any Justice of the Peace, Community Magistrate, Registrar, Deputy Registrar, or other person to act as an issuing officer unless the Attorney-General is satisfied that the person has sufficient knowledge, skill, and experience to act as an issuing officer.
4: The Attorney-General may from time to time renew an authorisation granted under subsection (1) for a further term not exceeding 3 years specified in the notice of renewal.
5: The Attorney-General may remove an issuing officer, other than a Judge, from office for neglect of duty, inability to perform the duties of office, bankruptcy, or misconduct, proved to the satisfaction of the Attorney-General.
6: The Attorney-General must remove an issuing officer if he or she becomes an enforcement officer.
7: Any issuing officer (other than a Judge) may at any time resign the office of issuing officer by notice in writing addressed to the Attorney-General.
109: Limitation on jurisdiction of certain issuing officers
An issuing officer who is employed or engaged by a law enforcement agency must not consider, or perform any function in relation to, any application made by a law enforcement officer employed or engaged by the same law enforcement agency as the issuing officer.
4: Carrying out search powers
110: Search powers
Every search power authorises the person exercising it—
a: to enter and search the place, vehicle, or other thing that the person is authorised to enter and search, and any item or items found in that place or vehicle or thing, at any time that is reasonable:
b: to request any person to assist with the entry and search (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi):
c: to use any force in respect of any property that is reasonable for the purposes of carrying out the search and any lawful seizure:
d: to seize anything that is the subject of the search or anything else that may be lawfully seized:
e: to bring and use in or on the place, vehicle, or other thing searched any equipment, to use any equipment found on the place, vehicle, or other thing, and to extract any electricity from the place, vehicle, or other thing to operate the equipment that it is reasonable to use in the circumstances, for the purposes of carrying out the entry and search:
f: to bring and use in or on the place, vehicle, or other thing searched a dog (being a dog that is trained to undertake searching for law enforcement purposes and that is under the control of its usual handler):
g: to copy any document, or part of a document, that may lawfully be seized:
h: to use any reasonable measures to access a computer system or other data storage device located (in whole or in part) at the place, vehicle, or other thing if any intangible material that is the subject of the search may be in that computer system or other device:
i: if any intangible material accessed under paragraph (h) is the subject of the search or may otherwise be lawfully seized, to copy that material (including by means of previewing, cloning, or other forensic methods either before or after removal for examination):
j: to take photographs, sound and video recordings, and drawings of the place, vehicle, or other thing searched, and of any thing found in or on that place, vehicle, or other thing, if the person exercising the power has reasonable grounds to believe that the photographs or sound or video recordings or drawings may be relevant to the purposes of the entry and search.
111: Remote access search of thing authorised by warrant
Every person executing a search warrant authorising a remote access search may—
a: use reasonable measures to gain access to the thing to be searched; and
b: if any intangible material in the thing is the subject of the search or may otherwise be lawfully seized, copy that material (including by means of previewing, cloning, or other forensic methods).
112: Items of uncertain status may be seized
If a person exercising a search power is uncertain whether any item found may lawfully be seized, and it is not reasonably practicable to determine whether that item can be seized at the place or vehicle where the search takes place, the person exercising the search power may remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized.
113: Powers of persons called to assist
1: Every person called on to assist a person exercising a search power is subject to the control of the person with overall responsibility for exercising that power.
2: Every person called on to assist a person exercising a search power may—
a: enter the place, vehicle, or other thing to be searched:
b: while under the direction of the person exercising the power, use reasonable force in respect of any property for the purposes of carrying out the entry and search and any lawful seizure:
c: search areas within the place, vehicle, or other thing that the person exercising the power has determined may lawfully be searched:
d: seize anything that is the subject of the search or anything else that may be lawfully seized:
e: take photographs, sound and video recordings, and drawings of the place, vehicle, or other thing, and things found in or on the place, vehicle, or other thing, if the person exercising the power has determined that those things may be lawfully taken:
f: bring into or onto the place, vehicle, or other thing searched and use any equipment, make use of any equipment found in or on the place or in the vehicle or other thing, or extract electricity from the place, vehicle, or other thing for the purposes of operating the equipment that the person exercising the power has determined may be lawfully used:
g: bring in and use in or on the place, vehicle, or other thing searched a dog (being a dog that is trained to undertake searching for law enforcement purposes and that is under the control of its usual handler):
h: use any reasonable measures to access a computer system or other data storage device located (in whole or in part) at the place, vehicle, or other thing if any intangible material that is the subject of the search may be in that computer system or other device:
i: if any intangible material accessed under paragraph (h) is the subject of the search or may otherwise be lawfully seized, to copy that material (including by means of previewing, cloning, or other forensic methods either before or after removal for examination):
j: copy any document, or part of a document, that the person exercising the power has determined may be lawfully copied.
3: If a constable is assisting another person exercising the search power, that constable may, without any direction or supervision by the person he or she is assisting, exercise any power ordinarily exercisable by that constable.
4: The person exercising the search power must—
a: accompany any assistant on the first occasion when the assistant enters the place, vehicle, or other thing to be searched; and
b: provide such other supervision of any assistant as is reasonable in the circumstances.
5: Subsection (4) does not apply if the assistant is a constable.
114: Powers of persons called to assist remote access search
Every person called on to assist a person executing a search warrant authorising a remote access search may—
a: use reasonable measures to gain access to the thing to be searched; and
b: if any intangible material in the thing is the subject of the search or may otherwise be lawfully seized, copy that material (including by means of previewing, cloning, or other forensic methods).
115: Limitation on exercise of powers
1: The powers conferred by sections 110 to 114
a: any conditions imposed under section 103(3)(b)
b: subpart 5
2: The powers conferred by section 118(1)
a: for a suspected offence to which the search relates; or
b: for a suspected offence to which evidential material that is discovered in the course of the search relates.
3: To avoid doubt, the powers conferred by sections 110(c) 113(2)(b) Giving directions
116: Securing place, vehicle, or other thing to be searched
1: The person carrying out a search may, in a manner and for a duration that is reasonable for the purposes of carrying out the search,—
a: secure the place, vehicle, or other thing searched, any area in or on that place, vehicle, or other thing, or any thing found in or on that place, vehicle, or other thing:
b: exclude any person from the place, vehicle, or other thing searched, or from any area within the place, vehicle, or other thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of any power under this subsection.
2: A person who exercises any power under subsection (1) must, on the request of any person affected by the exercise of the power,—
a: identify himself or herself either by name or by unique identifier; and
b: state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
c: if not in Police uniform, produce evidence of his or her identity. Establishing search scene
117: Special powers where application for search warrant pending
1: If an application for a search warrant is about to be made or has been made and has not yet been granted or refused by an issuing officer, an enforcement officer present at the place or vehicle that is or is to be the subject of the application may, if authorised by subsection (2),—
a: enter and secure the place, vehicle, or other thing in respect of which authorisation to enter and search is being sought, and secure any item or items found at that place or in or on that vehicle or other thing, at any time that is reasonable in the circumstances:
b: direct any person to assist with the entry and securing of the place or vehicle or other thing or the securing of items in it (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi).
2: The powers conferred by subsection (1) may be exercised if the enforcement officer has reasonable grounds to believe that evidential material may be destroyed, concealed, altered, damaged, or removed before a decision is taken to grant or refuse the issue of a search warrant.
3: The powers conferred by subsection (1) may be exercised until the first of the following occurs:
a: the expiry of 6 hours from when the power is first exercised:
b: the warrant is available for execution at that place or vehicle or in respect of that other thing:
c: the application for a search warrant is refused.
4: A person who exercises any power under subsection (1) must, on the request of any person affected by the exercise of the power,—
a: identify himself or herself either by name or by unique identifier; and
b: state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
c: if not in Police uniform, produce evidence of his or her identity. Detention of person at search scene
118: Powers of detention incidental to powers to search places and vehicles
1: If any constable or other person, or a person assisting any constable or other person, exercises a search power in relation to a place or vehicle, that constable or other person may, for the purposes of determining whether there is any connection between a person at the place or in or on the vehicle and the object of the search, detain any person—
a: who is at the place or in or on the vehicle at the commencement of the search; or
b: who arrives at the place or stops at, or enters, or tries to enter, the vehicle while the search is being carried out.
2: A person may be detained under subsection (1) for any period that is reasonable, but not for longer than the duration of the search.
3: A detention of any person commences under subsection (1) when the constable or other person exercising the search power directs that person to remain at the place or in or on the vehicle and ends when that person is told by the constable or other person, or a person assisting the constable or other person, exercising the search power that he or she is free to leave the place or vehicle.
4: Reasonable force may be used for the purpose of effecting and continuing any detention under subsection (1).
5: For the purposes of subsection (1), other person section 115(2) Powers of search incidental to powers of arrest
119: Powers of search by person who has power of arrest
1: If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in or on the vehicle, or who arrives at the place or stops at, or enters, or tries to enter or get onto the vehicle, if the person conducting the search has reasonable grounds to believe that evidential material that is the object of the search is on that person.
2: If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in or on the vehicle, or who arrives at the place or stops at, or enters, or tries to enter or get into or onto the vehicle, if the person conducting the search—
a: has reasonable grounds to suspect that the person is in possession of a dangerous item that poses a threat to safety; and
b: believes that immediate action is needed to address that threat.
3: If any item referred to in subsection (2)(a) is seized, it must, unless possession of the item constitutes an offence, be returned to the person from whom it was taken either—
a: once the search has been completed; or
b: when the person who conducted the search is satisfied that there is no longer any threat to safety.
120: Powers of search when suspect pursued
1: If any person who may exercise a power of arrest intends to conduct a search of a person or vehicle, but that person or vehicle leaves before the search is undertaken or completed, the person who intended to conduct the search may,—
a: on apprehending the person or vehicle, search the person or vehicle; and
b: enter any place for the purpose of apprehending the person or vehicle.
2: A person may not exercise the powers conferred by subsection (1)(a) or (b) unless—
a: the person was freshly pursuing the person to be searched from the location of the intended search when the person was apprehended; and
b: the person intending to conduct the search has reasonable grounds to believe that relevant evidential material is still on the person who is to be searched or in or on the vehicle. Stopping vehicles with or without warrant for purposes of search
121: Stopping vehicles with or without warrant for purposes of search
1: An enforcement officer may stop a vehicle to conduct a search under a power to search without a warrant conferred on that officer by this Act or any enactment specified in column 2 of the Schedule
2: An enforcement officer may stop a vehicle to conduct a search under a power to search with a warrant issued under this Act or any enactment specified in column 2 of the Schedule
3: A person who exercises a power under this section must, on the request of any person affected by the exercise of the power,—
a: identify himself or herself either by name or by unique identifier; and
b: state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
c: if not in Police uniform, produce evidence of his or her identity. Moving vehicle for safekeeping and other purposes
122: Moving vehicles for purpose of search or safekeeping
1: An enforcement officer may move a vehicle to another place if he or she finds or stops the vehicle and has lawful authority to search the vehicle, but it is impracticable to do so at that place.
2: An enforcement officer who has the power to arrest persons may move a vehicle to another place if he or she finds or stops the vehicle and has reasonable grounds to believe that it is necessary to move the vehicle for safekeeping. Seizure of items in plain view
123: Seizure of items in plain view
1: This section applies to an enforcement officer who, as part of his or her duties,—
a: exercises a search power; or
b: is lawfully in any place or in or on a vehicle; or
c: is conducting a lawful search of a person.
2: An enforcement officer to whom this section applies may seize any item or items that he or she, or any person assisting him or her, finds in the course of carrying out the search or as a result of observations at the place or in or on the vehicle, if the enforcement officer has reasonable grounds to believe that he or she could have seized the item or items under—
a: any search warrant that could have been obtained by him or her under this Act or any other enactment; or
b: any other search power exercisable by him or her under this Act or any other enactment.
3: If an enforcement officer seizes any item or items under subsection (2), in circumstances where he or she is not already exercising a search power, the enforcement officer may exercise any applicable power conferred by section 110 Seizure of cash found in suspicious circumstances Heading inserted 5 April 2023 section 33 Criminal Activity Intervention Legislation Act 2023
123A: Interpretation
1: In this section and sections 123B to 123E authorised holding period
a: section 123C(3)(a)
b: section 123C(7) cash
a: cash as defined in section 5(1)
b: gold bars:
c: gold ingots cash seized section 123B cash seizure threshold amount
a: the amount of NZ$10,000 or an equivalent cash amount; or
b: such other amount as may be prescribed by regulations made under section 342(2A) enforcement officer section 2(1)
2: For the purposes of sections 123B to 123E in the possession of
a: on the person; or
b: in a bag or receptacle owned by or carried by or with the person; or
c: in or under the effective control of the person; or
d: in a vehicle in which the person is the driver or an occupant. Section 123A inserted 5 April 2023 section 33 Criminal Activity Intervention Legislation Act 2023
123B: Seizure of cash of or over cash seizure threshold amount
1: This section applies to a constable who,—
a: as part of their duties,—
i: is exercising a search power; or
ii: is lawfully in any place or in or on a vehicle; or
iii: is conducting a lawful search of a person; and
b: sees or finds cash in the possession of any person that the constable reasonably believes to be an amount of or over the cash seizure threshold amount.
2: This section also applies to a constable who is informed by an enforcement officer that the enforcement officer, while lawfully screening or searching any person, item, or vehicle as part of their duties, has seen or found cash in the possession of any person in suspicious circumstances.
3: The constable may question the person in the possession of the cash about—
a: the origin of the cash; and
b: the intended use for the cash.
4: The constable must advise the person in possession of the cash of the power of the constable, or of any person assisting the constable, to seize the cash under subsection (5).
5: The constable, or any person assisting the constable, may seize the cash if the constable—
a: reasonably believes the cash to be an amount of or over the cash seizure threshold amount; and
b: is not satisfied with the explanations given by the person in response to the questions put to the person under subsection (3); and
c: has reasonable grounds to suspect that the cash is not of lawful or legitimate origin or derivation, or is to be used for, or to further, any unlawful or dishonest purpose.
6: As soon as is reasonably practicable, and in any case not later than 7 days after the cash is seized, a constable must—
a: return the cash to the person from whom it was seized, or have made contact with that person or that person’s representative to arrange for the return of the cash; or
b: release the cash to the owner of the cash (if the owner is not the person from whom the cash was seized); or
c: make an application to the District Court under section 123C
7: Nothing in this section affects or limits the power of a constable to seize property that is given by or under any other legislative provision or by the common law. Section 123B inserted 5 April 2023 section 33 Criminal Activity Intervention Legislation Act 2023
123C: Application to retain cash seized for further period
1: A constable may apply to a District Court Judge for an order authorising the Police to hold any cash seized for a further period to enable investigations to continue to establish the origin of the cash or its intended use.
2: The Police may continue to hold the cash seized pending the determination or withdrawal of the application.
3: A District Court Judge may—
a: grant the application if satisfied of the matters in subsection (4) and make an order authorising the Police to continue to hold the cash seized for a further period not exceeding 28 days from the date of the order; or
b: decline the application and make directions for—
i: the return of the cash to the person from whom the cash was seized; or
ii: the release of the cash to the owner of the cash (if the owner is not the person from whom the cash was seized).
4: The matters referred to in subsection (3)(a) are that the Police—
a: continue to have reasonable grounds to suspect that the cash is not of lawful or legitimate origin or derivation, or is to be used for, or to further, any unlawful or dishonest purpose; and
b: are—
i: continuing investigations to establish the origin of the cash seized or its intended use; or
ii: taking steps to commence proceedings under the Criminal Proceeds (Recovery) Act 2009
5: Before the expiry of the period specified in an order made under subsection (3)(a) (the further period
6: Only 1 application may be made under subsection (5).
7: A District Court Judge may grant an application made under subsection (5) if in respect of that application the Judge is satisfied of the matters in subsection (4).
8: However, in no case may an order be made under subsection (3)(a), or be extended under subsection (7), if the effect of making or extending the order would be to authorise the Police to hold the cash seized for a period exceeding 63 days from the date on which it was seized. Section 123C inserted 5 April 2023 section 33 Criminal Activity Intervention Legislation Act 2023
123D: Return or release of cash seized
1: If any of the circumstances specified in subsection (2) exist, the Police must, as soon as is reasonably practicable,—
a: return the cash seized to the person from whom it was seized, or make contact with the person or the person’s representative to arrange for the return of the cash; or
b: release the cash to the owner of the cash (if the owner is not the person from whom the cash was seized).
2: The circumstances referred to in subsection (1) are that—
a: the authorised holding period has ended and before the end of that period the Police did not commence proceedings under the Criminal Proceeds (Recovery) Act 2009
b: any proceedings commenced under the Criminal Proceeds (Recovery) Act 2009
c: the person from whom the cash was seized, or the owner of the cash, has requested the return of the cash and provided the Police with information about its origin and intended purpose and the Police, having considered all available information, are satisfied that the cash has lawful and legitimate origin or derivation and is not to be used for any unlawful or dishonest purpose. Section 123D inserted 5 April 2023 section 33 Criminal Activity Intervention Legislation Act 2023
123E: Application to District Court for return or release of cash seized
1: The person from whom the cash was seized, or the owner of the cash, may apply to the District Court for the return or release of the cash seized if—
a: the person or owner has requested the Police to return the cash and that request has been refused; and
b: the Police have not commenced proceedings under the Criminal Proceeds (Recovery) Act 2009
2: A District Court Judge may grant an application made under subsection (1) if, having regard to the following, the Judge is satisfied that it would be contrary to the interests of justice for the Police to continue to hold the cash:
a: the value of the cash seized; and
b: any loss or damage to the applicant that is caused, or is likely to be caused, by not returning or releasing the cash seized; and
c: the need for the Police to continue to hold the cash seized for the purpose of—
i: commencing proceedings under the Criminal Proceeds (Recovery) Act 2009
ii: producing it as evidence in any other proceedings. Section 123E inserted 5 April 2023 section 33 Criminal Activity Intervention Legislation Act 2023 Search of persons
124: Internal searches generally prohibited
1: Unless authorised by another enactment, an enforcement officer must not conduct an internal search of any part of the body of any person, except for, with the person's consent, searching the person's mouth.
2: A constable must not require any other person to conduct an internal search of any part of the body of any person, except as provided in section 23 Misuse of Drugs Act 1975
3: This section does not limit or affect sections 13A to 13M
125: Special rules about searching persons
1: If a person exercises a power to search a person, the person exercising the power—
a: must identify himself or herself either by name or unique identifier; and
b: must state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
c: if not in Police uniform, must produce evidence of his or her identity; and
d: may detain the person to enable the search to be carried out (whether at the place of initial detention or while the person is travelling to or is at any other place where the search is carried out), but only for as long as is necessary to achieve that purpose; and
e: may use any force that is reasonable for the purposes of the search; and
f: may, in conducting the search, use any equipment or aid to facilitate the search, if it is used in a way that—
i: involves no or minimal contact; and
ii: is reasonable in the circumstances; and
g: may, if he or she considers that either or both of the following are in the interests of the person to be searched, request:
i: the assistance of a medical practitioner or nurse:
ii: the assistance of a parent, guardian, or other person for the time being responsible for the day-to-day care of the person to be searched; and
h: if the search is to be a strip search, may request the assistance of another enforcement officer (whether or not employed or engaged in the same or a different law enforcement agency) who is—
i: authorised under any other enactment to conduct strip searches; and
ii: of the same sex as the person to be searched; and
i: may search any item that—
i: the person is wearing or carrying; or
ii: is in the person's physical possession or immediate control; and
j: may seize any thing carried by the person or in the physical possession or immediate control of the person being searched if that thing is the subject of the search or may otherwise be lawfully seized; and
k: may copy any document, or part of a document, carried by the person or in the physical possession or immediate control of the person being searched if that document is the subject of the search or may otherwise be lawfully seized; and
l: may use any reasonable measures to access a computer system or other data storage device, that the person being searched is carrying or that is in the person's physical possession or immediate control, if any intangible material that is the subject of the search may be in that computer system or other device; and
m: if any intangible material accessed under paragraph (l) is the subject of the search or may otherwise be lawfully seized, may copy that material (including by means of previewing, cloning, or other forensic methods either before or after removal for examination); and
n: may take photographs, sound and video recordings, and drawings of any thing carried or in the physical possession or immediate control of the person if the person exercising the power has reasonable grounds to believe that the photographs or sound or video recordings or drawings may be relevant to the purposes of the search.
2: Subsection (1)(a), (b), and (c) do not apply in respect of a search conducted under section 11(3)
3: A person who carries out a strip search, rub-down search, or any other personal search must conduct the search with decency and sensitivity and in a manner that affords to the person being searched the degree of privacy and dignity that is consistent with achieving the purpose of the search.
4: If a person exercises a power to search a person, or searches a person with his or her consent, the person exercising the power must ensure that an inventory of any items seized as a result of the search is prepared promptly and that a copy is given to the person searched.
5: Nothing in subsection (1)(f) permits a person carrying out a rub-down search under sections 85 to 87
126: Guidelines and rules about use of strip searching
1: The chief executive of a law enforcement agency that employs persons who may exercise a power, under an enactment, to search a person must issue guidelines to those employees concerning the circumstances (if any) under which a strip search may be conducted by any of those employees.
2: The chief executive of a law enforcement agency who issues guidelines under subsection (1) must ensure that a copy of those guidelines is publicly available on the agency's Internet site.
3: A search of the person is not unlawful by reason only of failure by the person conducting the search to comply with a guideline issued under subsection (1).
4: A strip search may be carried out only by a person of the same sex as the person to be searched, and no strip search may be carried out in view of any person who is not of the same sex as the person to be searched. Search warrants to enter and search vehicles
127: Search warrants to enter and search vehicles
If a search warrant is issued authorising the entry and search of a vehicle, the person executing the warrant may enter any place where the person has reasonable grounds to believe that the vehicle is for the purpose of locating it and searching it. Duty to remain stopped
128: Duty to remain stopped
If an enforcement officer exercises a power to stop or search a vehicle, the enforcement officer may require the vehicle to remain stopped for as long as is reasonably necessary for the exercise of any powers in respect of—
a: the vehicle; or
b: the occupants of the vehicle. Duty to provide information
129: Duty to provide information
If an enforcement officer exercises a power to stop a vehicle, he or she must, immediately after stopping the vehicle,—
a: identify himself or herself to the driver of the vehicle, either by name or unique identifier; and
b: state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
c: if not in Police uniform, produce evidence of his or her identity if the driver requests proof of identity. Computer system searches
130: Duty of persons with knowledge of computer system or other data storage devices or Internet site to assist access
1: A person exercising a search power in respect of any data held in a computer system or other data storage device may require a specified person to provide access information and other information or assistance that is reasonable and necessary to allow the person exercising the search power to access that data.
2: A specified person may not be required under subsection (1) to give any information tending to incriminate the person.
3: Subsection (2) does not prevent a person exercising a search power from requiring a specified person to provide information or providing assistance that is reasonable and necessary to allow the person exercising the search power to access data held in, or accessible from, a computer system or other data storage device that contains or may contain information tending to incriminate the specified person.
4: Subsections (2) and (3) are subject to subpart 5
5: In this section,— specified person
a: a user of a computer system or other data storage device or an Internet site who has relevant knowledge of that system, device, or site; or
b: a person who provides an Internet service or maintains an Internet site and who holds access information user
a: owns, leases, possesses, or controls the system, device, or site; or
b: is entitled, by reason of an account or other arrangement, to access data on an Internet site; or
c: is an employee of a person described in paragraph (a) or (b). Identification and notice
131: Identification and notice requirements for person exercising search power (other than remote access search)
1: A person exercising a search power (other than a remote access search) must,—
a: before initial entry into or onto the place or vehicle or other thing to be searched,—
i: announce his or her intention to enter and search the place, vehicle, or other thing under a statutory power; and
ii: identify himself or herself either by name or by unique identifier; and
iii: if not in Police uniform, produce evidence of his or her identity; and
b: before or on initial entry into or onto the place or vehicle, or other thing to be searched, provide the occupier of the place or the person in charge of the vehicle or other thing with—
i: a copy of the search warrant (unless the warrant is issued under section 18D
ii: if the power is exercised under a warrant issued under section 18D(2) or (3)
iii: if the power is exercised under a warrant issued under section 18D(4) or (5)
A: a copy of the warrant redacted to show only the specified vehicle in respect of which the search power is being exercised:
B: a copy of the warrant showing the authority to search vehicles other than specified vehicles, or redacted to show only the authority to search vehicles other than specified vehicles; or
iv: if the power is exercised under a warrant issued under section 18D(4) or (5)
A: the name of the enactment under which the search is taking place; and
B: the reason for the search under that enactment; and
C: advice about how a copy of the warrant referred to in subparagraph (iii) can be made available within 7 days after the date of the search; or
v: if the power is exercised without a warrant and it is reasonably practicable in the circumstances to do so,—
A: the name of the enactment under which the search is taking place; and
B: the reason for the search under that enactment.
2: The person exercising the search power is not required to comply with subsection (1) if he or she has reasonable grounds to believe that—
a: no person is lawfully present in or on the place, vehicle, or other thing to be searched; or
b: compliance with subsection (1)(a) would—
i: endanger the safety of any person; or
ii: prejudice the successful exercise of the entry and search power; or
iii: prejudice ongoing investigations.
3: The person exercising the search power may use reasonable force in order to effect entry into or onto the place, vehicle, or other thing if—
a: subsection (2) applies; or
b: following a request, the person present refuses entry or does not allow entry within a reasonable time.
4: If the occupier of a place is not present at any time during the search, or no person is in charge of the vehicle or other thing during the search, the person carrying out the search must,—
a: on completion of the search, leave a copy of the notice referred to in subsection (5) and a copy of the search warrant (if applicable), in a prominent position at the place, or in or on the vehicle or other thing; or
b: if this is not reasonably practicable, provide a copy of the notice referred to in subsection (5) and a copy of the search warrant (if applicable), to the occupier of the place or the owner of the vehicle or other thing no later than 7 days after the exercising of the power.
4A: In subsection (4), search warrant
5: The notice required by subsection (4) is a written notice containing the following particulars:
a: the date and time of the commencement and completion of the search:
b: the name or unique identifier of the person who had overall responsibility for that search:
ba: if the power is exercised under a warrant issued under section 18D(4) or (5)
i: the name of the enactment under which the search took place; and
ii: the reason for the search under that enactment; and
iii: advice about how a copy of the warrant referred to in subsection (1)(b)(iii) can be made available within 7 days after the date of the search:
c: where the power is exercised without a warrant, the name of the enactment under which the search is taking place and the reason for the search under that enactment:
d: the address of the office to which inquiries should be made:
e: if nothing is seized, the fact that nothing was seized:
f: if anything was seized, the fact that seizure occurred and (if an inventory is not provided at the same time under sections 133 to 135
6: For the purposes of this section and sections 133 to 135
a: the following persons may not be treated as the occupier of the place or the person in charge of a vehicle or other thing:
i: any person who is under 14 years of age (unless section 95(2)
ii: any person who the person executing the warrant has reasonable grounds to believe is not the occupier of the place or person in charge of the vehicle or other thing:
b: every reference to a copy of the authority referred to in subsection (1)(b) means, in a case where a search is undertaken without a search warrant, written advice about the enactment that authorises the search.
7: Subsections (4) and (5) are subject to sections 134 and 135
8: This section does not apply to a remote access search.
9: For the purposes of this section, search section 7 8 Section 131(1)(b) replaced 5 April 2023 section 22(1) Criminal Activity Intervention Legislation Act 2023 Section 131(4A) inserted 5 April 2023 section 22(2) Criminal Activity Intervention Legislation Act 2023 Section 131(5)(ba) inserted 5 April 2023 section 22(3) Criminal Activity Intervention Legislation Act 2023
132: Identifications and notice requirements for remote access search
1: A person who conducts a remote access search must, on completion of the search, send an electronic message to the email address of the thing searched—
a: attaching a copy of the search warrant; and
b: setting out the following particulars:
i: the date and time of the commencement and completion of the search:
ii: the name and unique identifier of the person who had overall responsibility for that search:
iii: the address of the office to which inquiries should be made.
2: If the person conducting the search is unable to deliver the electronic message required by subsection (1) (or it is returned undelivered), the person must take all reasonable steps to identify the user of the thing searched and to send the information referred to in subsection (1)(a) and (b) to that person.
133: Inventory of items seized
1: The person who carries out a search must, at the time he or she seizes any thing, or as soon as practicable after the seizure of any thing, and in any case not later than 7 days after that seizure, provide to the occupier of the place, or the person in charge of the vehicle or other thing, from where the seizure took place, and to every other person who the person who carried out the search has reason to believe is the owner of the thing that was seized,—
a: written notice specifying what was seized; and
b: a copy of the authority referred to in section 131(1)(b)
2: A written notice referred to in subsection (1)(a)—
a: must contain information about the extent to which a person from whom a thing was seized or the owner of the thing has a right to apply—
i: to have access to the thing; or
ii: to have access to any document relating to the application for a search warrant or the exercise of any other search power that led to the seizure; and
b: must contain information about the right to bring a claim that any privileged or confidential information has been seized; but
c: need not be provided to the occupier of the place or person in charge of the vehicle or other thing from which the seizure took place, if the person who carries out the search is satisfied that none of the items seized are owned by that person.
3: If the occupier of the place or person in charge of the vehicle or other thing is not present at the time of seizure, a written notice referred to in subsection (1)(a) and a copy of the authority referred to in section 131(1)(b)
4: Subsection (1) is subject to subsections (2) and (3).
5: This section is subject to sections 134 135
134: Compliance with certain provisions may be deferred in certain circumstances
1: A person exercising a search power may apply to a Judge for a postponement of the obligation to comply with section 131(4) or (5) 133
a: endanger the safety of any person; or
b: prejudice ongoing investigations.
2: An application may be made under subsection (1),—
a: in the case of an entry and search power that is a search warrant, at the time of the initial application or until the expiry of 7 days after the warrant is finally executed; or
b: in the case of any other entry and search power, until the expiry of 7 days after the search power is exercised.
3: On an application under subsection (1), the Judge may postpone for a specified period not exceeding 12 months the obligation to comply with section 131(4) or (5) 133
a: endanger the safety of any person; or
b: prejudice ongoing investigations.
135: Further postponement of, or dispensation from, obligation to comply with certain provisions
1: A person who has obtained an order under section 134(3) section 131(4) or (5) 133
a: endanger the safety of any person; or
b: prejudice ongoing investigations.
2: An application for a further postponement may only be made on 1 occasion.
3: On an application under subsection (1), the District Court Judge may postpone for a further specified period not exceeding 12 months, or order a permanent dispensation from, the obligation to comply with section 131(4) or (5) 133
a: endanger the safety of any person; or
b: prejudice ongoing investigations.
4: A District Court Judge may not grant, under subsection (3), any postponement of, or dispensation from, an obligation in respect of any thing that has been seized, unless the thing seized is—
a: a copy or clone of any information taken or made; or
b: a thing the possession of which by the person from whom it was seized is unlawful under New Zealand law (for example, a controlled drug that is found in the possession of a member of the public in circumstances in which possession by the person of the controlled drug is an offence against the Misuse of Drugs Act 1975
5: Privilege and confidentiality
General
136: Recognition of privilege
1: The following privileges are recognised for the purposes of this subpart:
a: legal professional privilege, to the extent that (under section 53(5)
b: privilege for communications with legal advisers (as described in section 54
c: privilege for preparatory materials for proceedings (as described in section 56
d: privilege for settlement negotiations or mediation (as described in section 57
e: privilege for communications with ministers of religion (as described in section 58
f: privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists (as described in section 59
g: to the extent provided in section 138 section 60
h: privilege for informers (as described in section 64
i: the rights conferred on a journalist under section 68
2: For the purposes of this subpart, no privilege applies in respect of any communication or information if there is a prima facie case that the communication or information is made or received, or compiled or prepared,—
a: for a dishonest purpose; or
b: to enable or aid any person to commit or plan to commit what the person claiming the privilege knew, or ought reasonably to have known, to be an offence.
3: For the purposes of this subpart, the appropriate court
a: in any case that involves the applicability of the rights of journalists recognised by subsection (1)(i), the High Court:
b: in any other case, the District Court.
137: Lawyers' trust accounts
1: Subsection (2) applies to documents that are books of account or accounting records kept—
a: by a solicitor in relation to any trust account money that is subject to section 112
b: by a nominee company that—
i: is subject to practice rules made by the Council of the New Zealand Law Society under section 96
ii: is operated by a barrister and solicitor or an incorporated law firm as a nominee in respect of securities and documents of title held for clients.
2: The application by section 136 section 54
a: the making of a production order, issuing of a search warrant, or exercise of any other search power in respect of a document to which this subsection applies; or
b: the obligation to comply with that production order, search warrant, or other search power in respect of a document to which this subsection applies; or
c: the admissibility, in a criminal proceeding for an offence described in the production order or search warrant or for an offence in respect of which any other search power was exercised, of any evidence that relates to the contents of a document obtained under the production order or search warrant, or as the result of the exercise of any other search power. Examination orders and production orders
138: Privilege against self-incrimination
1: An examination order or a production order does not affect the privilege against self-incrimination that an individual may have under section 60
2: Any assertion of a privilege against self-incrimination must be based on section 60
3: If any individual refuses to produce any information or document or to answer any question on the ground that it is a privileged communication under section 60
4: For the purposes of determining any application referred to in subsection (3), the individual must offer sufficient evidence to enable the District Court Judge to assess whether self-incrimination is reasonably likely if the individual produced the information or the document or answered the question.
5: Section 63
139: Other privileges
1: If a person against whom an examination order or a production order is made could, in a criminal proceeding, assert a privilege recognised for the purposes of this subpart, the person is taken to have the same privilege in respect of either order.
2: If any person refuses to disclose any information on the ground that it is privileged under this section, the Commissioner or other enforcement officer concerned may apply to a Judge of the appropriate court for an order determining whether or not the claim of privilege is valid.
3: For the purpose of determining any application, the Judge of the appropriate court may require the information or document to be produced to him or her.
4: A Judge of the appropriate court must, on the application of the Commissioner or other enforcement officer, disallow a privilege claim under this section if the Judge is satisfied that the claim to privilege would, under section 67(1) Surveillance
140: Effect of privilege on surveillance conducted under this Act
1: A person who makes a claim of privilege (being a privilege recognised by this subpart) in respect of any surveillance has the right—
a: to prevent, to the extent that it is reasonably practicable to do so, the surveillance under this Act of any communication or information to which the privilege would apply if it were sought to be disclosed in a proceeding, pending determination of the claim to privilege, and subsequently if the claim to privilege is upheld:
b: if the claim to privilege is upheld, to require the destruction of any record of any such communication or information, to the extent that this can be achieved without destruction of any record of any other communication or information.
2: A person who is undertaking surveillance authorised by this Act (whether under a surveillance device warrant or otherwise) must—
a: take all reasonable steps to prevent the interception of any communication or information to which a privilege recognised by this subpart would apply if the communication or information were sought to be disclosed in a proceeding:
b: destroy any record of a communication or information made as a consequence of the surveillance to which a privilege recognised by this subpart would apply if the communication or information were sought to be disclosed in a proceeding, unless that is impossible or impracticable without destroying a record of information to which such a privilege does not apply.
3: A person undertaking surveillance under this Act who is uncertain about whether this section applies to any information or communication or record of a communication or information may apply to a District Court Judge for an order determining whether—
a: the communication or information can be the subject of surveillance; and
b: any record of such communication or information is required to be destroyed under this section.
4: For the purposes of determining any application, the Judge of the appropriate court may require the record of the information or communication to be produced to him or her.
5: If evidence of any communication or information recorded as a consequence of surveillance under this Act is evidence to which a privilege recognised under this subpart applies, that evidence is not admissible in any proceedings except—
a: with the consent of the person entitled to waive that privilege; and
b: if the court agrees to admit it.
141: Claims for privilege in respect of surveillance
Any person who wishes to claim privilege in respect of any surveillance under this Act—
a: must provide the person responsible for the surveillance with a particularised list of the matters in respect of which the privilege is claimed, as soon as practicable after the person claiming privilege becomes aware of the surveillance of the matters in respect of which privilege is claimed; and
b: if the matters in respect of which the privilege is claimed cannot be adequately particularised in accordance with paragraph (a), may apply to a Judge of the appropriate court for directions or relief. Search warrants and other search powers
142: Effect of privilege on search warrants and search powers
A person who makes a claim of privilege (being a privilege recognised by this subpart) in respect of any thing that is seized or sought to be seized has the right, in accordance with sections 143 to 148
a: to prevent the search under this Act of any communication or information to which the privilege would apply if it were sought to be disclosed in a proceeding, pending determination of the claim to privilege, and subsequently if the claim to privilege is upheld:
b: to require the return of a copy of, or access to, any such communication or information to the person if it is seized or secured by a person exercising a search power, pending determination of the claim to privilege.
143: Search warrants that extend to lawyers' premises or material held by lawyers
1: This section applies to the execution of a search warrant that authorises the search of materials held by a lawyer relating to a client.
2: If this section applies, the search warrant may not be executed unless—
a: the lawyer is present; or
b: a representative of the lawyer is present.
3: If the person who is to execute the search warrant is unable to contact the lawyer or his or her representative, that person must instead contact the New Zealand Law Society and request that a person be appointed by the Society to represent the interests of the clients of the lawyer in relation to the search.
4: Before executing the search warrant, the person who is to execute it must give the lawyer or his or her representative, or any person appointed by the New Zealand Law Society under subsection (3),—
a: the opportunity to claim privilege on behalf of the lawyer's client; or
b: the opportunity to make an interim claim of privilege if instructions have not been obtained from the client.
144: Search warrant extending to certain other privileged materials
1: This section applies to the execution of a search warrant that authorises the search of professional material held by a minister of religion, medical practitioner, or clinical psychologist.
2: If this section applies, the search warrant may not be executed unless—
a: the minister of religion, medical practitioner, or clinical psychologist is present; or
b: a representative of that person is present.
3: If the person who is to execute the search warrant is unable to contact the minister of religion, medical practitioner, or clinical psychologist, or his or her representative, that person must instead contact the church or professional body to whom the minister, medical practitioner, or clinical psychologist belongs and request the church or body to appoint a person to represent the interests of the parishioners, patients, or clients of the minister, medical practitioner or clinical psychologist, in relation to the search.
4: Before executing the search warrant, the person executing it must give the minister of religion, medical practitioner, or clinical psychologist, or his or her personal representative, or the person appointed by the church or professional body under subsection (3),—
a: the opportunity to claim privilege on behalf of parishioners, patients, or clients of the minister of religion, medical practitioner, or clinical psychologist; or
b: the opportunity to make an interim claim of privilege if the minister, medical practitioner, or clinical psychologist, or his or her representative or person appointed under subsection (3) is unable to immediately contact the parishioners, patients, or clients.
145: Searches otherwise affecting privileged materials
1: This section applies if—
a: a person executes a search warrant or exercises another search power; and
b: he or she has reasonable grounds to believe that any thing discovered in the search may be the subject of a privilege recognised by this subpart.
2: If this section applies, the person responsible for executing the search warrant or other person exercising the search power—
a: must provide any person who he or she believes may be able to claim a privilege recognised by this subpart a reasonable opportunity to claim it; and
b: may, if the person executing the search warrant or exercising the other search power is unable to identify or contact a person who may be able to claim a privilege, or that person's lawyer, within a reasonable period,—
i: apply to a Judge of the appropriate court for a determination as to the status of the thing; and
ii: do any thing necessary to enable that court to make that determination.
146: Interim steps pending resolution of privilege claim
If a person executing a search warrant or exercising another search power is unable, under section 142 143 144 145
a: may—
i: secure the thing; and
ii: if the thing is intangible (for example, computer data), secure the thing by making a forensic copy; and
iii: deliver the thing, or a copy of it, to the appropriate court, to enable the determination of a claim to privilege by a Judge of that court; and
b: must supply the lawyer or other person who may or does claim privilege with a copy of, or access to, the secured thing; and
c: must not search the thing secured, unless no claim of privilege is made, or a claim of privilege is withdrawn, or the search is in accordance with the directions of the court determining the claim of privilege.
147: Claims for privilege for things seized or sought to be seized
Any person who wishes to claim privilege in respect of any thing seized or sought to be seized by a person executing a search warrant or exercising another search power—
a: must provide the person responsible for executing the search warrant or exercising the other search power with a particularised list of the things in respect of which the privilege is claimed, as soon as practicable after being provided with the opportunity to claim privilege or being advised that a search is to be, or is being, or has been conducted, as the case requires; and
b: if the thing or things in respect of which the privilege is claimed cannot be adequately particularised in accordance with paragraph (a), may apply to a Judge of the appropriate court for directions or relief (with a copy of the thing provided under section 146(b) Admission of evidence generally
148: Admission of evidence
1: If a Judge of the appropriate court upholds a claim to privilege under section 138 139 140 145 146 147
2: Subject to subsection (1), this subpart does not limit or affect the admissibility of any evidence, or the discretion of any court to admit or refuse to admit any evidence, in any proceedings.
6: Procedures applying to seized or produced materials
149: Disposal of things seized or produced
1: If any thing is produced under a production order or is seized under a search warrant or under a search power conferred by this Act or an enactment specified in column 2 Schedule
2: However, this subpart is subject to—
a: section 13
b: subpart 5
c: any other enactment.
3: This subpart does not apply to cash seized under section 123B Section 149(3) inserted 5 April 2023 section 35 Criminal Activity Intervention Legislation Act 2023
150: Certain things must be returned
1: A thing seized or produced must, if it is not required for investigative or evidential purposes, or unless it is liable to forfeiture to the Crown or any other person (whether by operation of law or by order of a court or otherwise), be—
a: returned to its owner or to the person entitled to possession; or
b: made the subject of an application under section 154
c: disposed of under section 160 161(1)
d: destroyed if—
i: it is perishable and has become rotten or has otherwise deteriorated; or
ii: it is perishable and is likely to become rotten or perish before it can be dealt with under any of paragraphs (a) to (c) or section 163
iii: it is likely to pose a risk to public health.
2: Subsection (1)—
a: does not affect the rights of retention conferred by section 161(2) 162(1)
b: is subject to section 163
151: Custody of things seized or produced
1: A seized or produced thing may, if it is required for investigative or evidential purposes, or it is liable to forfeiture to the Crown or any other person (whether by operation of law or by order of a court or otherwise), be held in the custody of the person who exercised the search power or that person's employer or another person acting on behalf of that person or any other person to whom the thing is transferred in accordance with section 90(2)
a: a decision is made not to bring proceedings for an offence in respect of which the thing was seized or produced:
b: the thing is forfeited to the Crown or any other person under any enactment (whether by operation of law or by order of a court or otherwise):
c: the thing is released under section 158 159
d: if proceedings for an offence have not been commenced before the date that is 6 months after the thing was seized or produced and a request has been made for the return of the thing, that date or the expiration of a later time ordered by a court under section 153
e: in any case where proceedings are brought,—
i: the withdrawal or dismissal of the proceedings; or
ii: subject to sections 156 159
f: the seized or produced thing is disposed of under section 160
2: Once the relevant event stated in subsection (1)(a) to (e) occurs, the person in whose custody the property is must immediately release the thing in his or her custody,—
a: in the case of a subsection (1)(a), (d), or (e) event, to the owner or to a person entitled to possession; or
b: in the case of any other event, in the manner required by this Act.
3: However, if the thing is seized or produced in relation to more than 1 alleged offence, the person in whose custody the property is need not release the property until the first of the events described in subsection (1) has occurred in relation to each and every alleged offence.
4: This section is subject to sections 153 163
152: Copies of things seized or produced
If a photograph or a copy of a seized or produced thing will be adequate for investigative or evidential purposes, the person who exercised the search power, or that person's employer or another person acting on behalf of that person, may, at his or her discretion, return the thing to the owner or to a person entitled to possession.
153: Extension of time for holding thing seized or produced
1: If any person who seizes any thing, or to whom any thing is produced, or any other enforcement officer to whom the thing is transferred, wishes to hold it for a period exceeding 6 months in circumstances where no proceedings for an offence in respect of which the thing is relevant have yet been brought and a request has been made for the return of the thing, the person may apply to the District Court for an extension of the time during which the thing may be held.
2: On an application under subsection (1), the District Court may—
a: order an extension of time be granted to a specified date, to enable a determination to be made whether proceedings should be brought; or
b: decline to order an extension of time.
154: Disputed ownership of thing seized or produced
1: If a thing seized or produced is not to be produced in evidence but there is a dispute about its ownership or for any reason the person in whose custody it is, is uncertain as to to whom the thing should be returned (for example, because it is unclaimed), the person in whose custody the thing is may apply to the District Court for directions as to the ownership or holding of the property.
2: On an application under subsection (1), the District Court may—
a: order that the thing be destroyed or, if any other enactment so authorises, forfeited to the Crown:
b: order that the thing be delivered to the person appearing to the court to be its owner entitled to possession of it:
c: if the owner or person entitled to possession cannot be found, make any order with respect to its possession or sale the court thinks fit.
3: If, after the making of an order under subsection (2) in relation to any property, an action is commenced against a Police employee or another enforcement officer or the Crown or any law enforcement agency for the recovery of the thing or its value, the order and the delivery of the thing in accordance with the order may be given and must be received in evidence in bar of the action.
4: However, no such order or delivery affects the right of any persons entitled by law to possession of the thing to recover the thing from any person or body (other than a person or body referred to in subsection (3)).
155: Seized or produced property forfeit to the Crown if ownership not established
1: A thing that is seized or produced is forfeited to the Crown if—
a: the owner or person entitled to possession of the thing is not established within 60 days after the date on which the thing was seized or produced; and
b: the thing—
i: is not, at the expiry of that period, still required for investigative or evidential purposes; and
ii: has not been disposed of or sold by order of the court within that period.
2: For the purpose of trying to establish ownership of any thing to which this section applies, the person who has custody of the thing must (unless it is impossible or impracticable to make contact) advise the following people of the effect of this section:
a: any person who produced the thing or from whom the thing was seized:
b: the occupier or owner of the place or vehicle where the thing was before it was produced or seized:
c: any other person who, in the opinion of the person in whose custody the thing is, may be affected by the forfeiture of the thing. Rights of owners and others in relation to things seized or produced
156: Application for release of or access to things seized or produced
1: The persons described in subsection (2) may apply, by written notice, to the person in whose custody a seized or produced thing is for the release of or access to it at any time before proceedings are brought for an alleged offence in respect of which the thing was seized or produced.
2: The persons are as follows:
a: the person who produced the thing or from whom the thing was seized:
b: the owner or person entitled to possession of the seized or produced thing:
c: any person with a legal or equitable interest in the seized or produced thing.
3: The person in whose custody the seized or produced thing is may release the thing to the applicant or provide reasonable access to it.
4: A person who receives an application for release of a thing, or access to it, may refuse that application on the ground that release of the thing or, as the case requires, access to it, is likely to prejudice the maintenance of the law.
5: A release or provision of access to a thing may be—
a: unconditional; or
b: under bond for a sum (with or without sureties), and on conditions, acceptable to the person in whose custody the thing is.
6: If any person refuses an application under subsection (1), he or she must inform the applicant of the decision in writing.
157: Failure to comply with bond or conditions
1: If a person to whom a seized or produced thing is released or who is given access to it under section 156
a: the thing may be seized again, or required to be produced, or the ability to access the thing ended at the direction of the person who released it or provided access to it; and
b: the person who released it or provided access to it may apply to the District Court for an order for estreat of the bond.
2: If any person applies for an order for estreat of the bond, the Registrar of the District Court must—
a: fix a time and place for the hearing of the application; and
b: not less than 7 days before the time fixed, cause to be served on every person bound by the bond a notice of the time and place for the hearing.
3: If the District Court is satisfied that a condition of the bond has not been complied with, the court may make an order to estreat the bond—
a: in the amount that it thinks fit; and
b: to any person bound by the bond on whom notice is proved to have been served under subsection (2).
4: An amount payable under subsection (3) is recoverable as if it were a fine.
158: Application to District Court for access to thing seized or produced
1: A person described in section 156(2)
a: has been refused; or
b: has been granted, but subject to conditions that the applicant does not accept.
2: The District Court may either—
a: grant the application; or
b: refuse it on the ground that allowing the person to have access to the thing or varying or cancelling the conditions concerned is likely to prejudice the maintenance of the law.
3: The District Court may require sureties and impose conditions if it grants an application under subsection (2), and sections 156 157
159: Application to District Court for release of thing seized or produced
1: A person described in section 156(2)
2: The court may release the thing to the applicant if it is satisfied that it would be contrary to the interests of justice for the item to be retained in custody, having regard to—
a: the gravity of the alleged offence:
b: any loss or damage to the applicant that is caused or likely to be caused by not returning the thing:
c: the likely evidential value of the thing, having regard to any other evidence held by the law enforcement agency that employed or engaged the person who seized the thing or to whom the thing was produced:
d: whether the evidential value of the thing can be adequately preserved by means other than by keeping it.
3: A court may require sureties and impose conditions on a release under subsection (2), and sections 156 157
4: This section is subject to any enactment that requires an amount of any kind to be paid before any seized thing may be returned.
160: Disposal of unlawful items
1: Subsection (2) applies if a thing is seized or produced, the possession of which by the person from whom it was seized or who was required to produce it is unlawful under New Zealand law (for example, a controlled drug that is found in the possession of a member of the public in circumstances in which possession by the person of the controlled drug is an offence against the Misuse of Drugs Act 1975
a: there is no mechanism provided for disposing of the thing or it has not been disposed of under any other enactment; and
b: no order has been made by a court as to its disposal.
2: If this subsection applies, the person who seized the thing or to whom the thing was produced may destroy it if—
a: notice is given to the person from whom the thing was seized or who was required to produce the thing, and that person either—
i: consents to its destruction; or
ii: does not within 30 working days object to its destruction; or
b: the person to whom notice would otherwise be given under paragraph (a) cannot be located after reasonable inquiries have been made; or
c: in a case where a person objects to the destruction of the thing within 30 working days of receiving a notice under paragraph (a) and any person applies to a court to determine the status of the thing, the court is satisfied that the possession of the thing by the person from whom it was seized or who was required to produce it is unlawful under New Zealand law.
160A: Disposal of weapons
1: Subsection (2) applies if a weapon is seized as a result of the execution of a warrant issued under section 18D
a: there is no mechanism provided for disposing of the weapon, or it has not been disposed of, under any other legislation; and
b: no order has been made by a court in relation to the disposal of the weapon.
2: The Police may destroy the seized weapon if—
a: notice is given to the person from whom the weapon was seized and that person—
i: consents to its destruction; or
ii: does not within 30 days consent to its destruction; or
b: the person to whom the notice would otherwise be given under paragraph (a) cannot be located after reasonable inquiries have been made; or
c: in a case where a person objects to the destruction of the weapon within 30 working days of receiving a notice under paragraph (a) and any person applies within that period to a court to determine the status of the weapon, the court is satisfied that—
i: the possession of the weapon by the person from whom it was seized is unlawful under New Zealand law; or
ii: there is no legitimate reason to own or possess the weapon and the destruction of the weapon is just.
3: In this section, weapon section 18A Section 160A inserted 5 April 2023 section 23 Criminal Activity Intervention Legislation Act 2023
161: Disposal of forensic copies
1: A person who makes a forensic copy of any data held in a computer system or other data storage device must, if he or she determines that the data does not contain any evidential material, ensure that the forensic copy and any copies made from that copy are deleted, erased, or otherwise destroyed in a way that prevents retrieval of the copy or copies by any method.
2: However, if an examination of the data shows that it contains a mixture of data that is evidential material and data that is not evidential material,—
a: the forensic copy of the data and any copies made of that copy may be retained in their entirety; and
b: that forensic copy and any copies made of that copy may continue to be searched, if such a search was authorised by the search power under which the data was seized and copied.
162: Other copies and generated material may be retained
1: Any thing made or generated by a person exercising a search or surveillance power (for example, photographs or audio or video recordings or copies of things) may be retained as part of the permanent records of the employer of the person who exercises the search or surveillance power.
2: Subsection (1) is subject to sections 63 136
163: Application to District Court to dispose of seized property
1: Any person who seizes any thing, or to whom any thing is produced, or any other enforcement officer to whom the thing is transferred, may apply to the District Court
a: in the applicant's opinion,—
i: the thing concerned is perishable or likely to deteriorate; or
ii: the cost of holding the thing is unreasonable having regard to its market value; and
b: the applicant has made reasonable efforts to advise the people described in section 156(2)
2: The court may grant the order if it is satisfied that—
a: the thing is perishable or likely to deteriorate; or
b: the cost to the applicant or his or her employer, or to any other person to whom the thing might be transferred, of holding it is unreasonable having regard to its market value.
3: The applicant or his or her employer must hold in custody any proceeds received from carrying out the order (less any deductions permitted under subsection (4)) as if the proceeds were the seized property, and section 151(1)
4: The deductions referred to in subsection (3) are, in a case in which the court orders that the thing be disposed of by sale, the costs of sale and any sums required to be paid to a security holder or other person as a condition of the order for sale.
5: If the court refuses the order, the applicant or his or her employer or another person to whom the thing is transferred must continue to hold the thing until it is released in accordance with section 151(2) Section 163(1) amended 1 March 2017 section 261 District Court Act 2016
7: Immunities
164: Immunities of issuing officer
An issuing officer who is not a Judge has the same immunities as a District Court Judge.
165: Immunities in relation to obtaining or execution of orders and warrants
Every person is immune from civil or criminal liability—
a: for any act done in good faith in order to obtain an examination order, a production order, a search warrant, a surveillance device warrant, a declaratory order, or other order referred to in this Act:
b: for any act done in good faith that is covered by a declaratory order:
c: for any act done in good faith in relation to the execution of an examination order, a production order, a search warrant, a surveillance device warrant, or other order referred to in this Act, if the execution is carried out in a reasonable manner.
166: Other immunities in relation to exercise of entry, search, or surveillance powers
1: Every person is immune from civil and criminal liability for any act done in good faith in order to exercise an entry power, a search power, or a surveillance power if—
a: the power is exercised by that person in a reasonable manner; and
b: the person believes on reasonable grounds that the preconditions for the exercise of that power have been satisfied.
2: Every person is immune from civil and criminal liability for any act done in good faith and in a reasonable manner in order to assist a person to exercise an entry power, a search power, or a surveillance power, or in order to examine or analyse any thing that is seized.
3: In any civil proceeding in which a person asserts that he or she has an immunity under this section, the onus is on that person to prove those facts necessary to establish the basis of the claim.
167: Immunity of the Crown
1: If any person is immune from civil liability under any of sections 164 to 166
2: For the purposes of this section, the Crown
168: Relationship between sections 164 to 167 and other enactments
If there is any inconsistency between any of sections 164 to 167
8: Reporting
169: Reporting of exercise of powers within law enforcement agency
1: Any constable who exercises a warrantless entry power, search power, or surveillance power conferred by Part 2 3
2: Any person (other than a constable) who exercises a warrantless entry power, search power, or surveillance power conferred by this Act or by an enactment specified in column 2 of the Schedule
3: A report referred to in subsection (1) or (2) must—
a: contain a short summary of the circumstances surrounding the exercise of the power, and the reason or reasons why the power needed to be exercised:
b: state whether any evidential material was seized or obtained as a result of the exercise of the power:
c: state whether any criminal proceedings have been brought or are being considered as a consequence of the seizure of that evidential material.
4: This section does not require the provision of any report in respect of—
a: a rub-down search of a person under section 85 88
b: any search of a person in lawful custody carried out under section 11 Corrections Act 2004
c: the exercise of any power of entry that does not also confer a power of search:
d: a search undertaken by consent.
170: Annual reporting of search and surveillance powers by Commissioner
1: The Commissioner must include in every annual report prepared by him or her for the purposes of section 43
a: the number of occasions on which entry or search powers under Part 2 3
b: the number of occasions on which warrantless surveillance powers under Part 3
ba: the matters set out in section 171A subpart 6A
c: the number of applications for an examination order that were granted or refused in the period covered by the report:
d: in respect of each kind of surveillance device used without a warrant under Part 3
i: for a period of no more than 24 hours:
ii: for a period of more than 24 hours but no more than 48 hours:
e: the number of persons charged in criminal proceedings where the collection of evidential material relevant to those proceedings was significantly assisted by the exercise of a warrantless search or surveillance power, or by an examination conducted under an examination order, in the period covered by the report:
f: the matters set out in section 172
2: This section does not require the Commissioner to include in any annual report information about—
a: a rub-down search of a person under section 85 88
b: any search of a person in lawful custody undertaken under section 11 Corrections Act 2004
c: the exercise of any power of entry that does not also confer a power of search:
d: a search undertaken by consent:
e: any prescribed search or surveillance, or search or surveillance of a prescribed kind, in any prescribed area or an area of a prescribed kind.
3: In this section, and sections 171 172 kind of surveillance device
a: an interception device:
b: a visual surveillance device:
c: a tracking device. Section 170(1) amended 1 July 2014 section 104 Public Finance Amendment Act 2013 Section 170(1)(ba) inserted 5 April 2023 section 24 Criminal Activity Intervention Legislation Act 2023
171: Annual reporting of search and surveillance powers by agencies other than Police
1: The chief executive of a law enforcement agency (other than the Police) that employs or engages persons who may exercise an entry power, a search power, or a surveillance power conferred by this Act or by an enactment specified in column 2 of the Schedule section 43
a: the number of occasions on which entry or search powers were exercised without a warrant in the period covered by the report:
b: the number of occasions on which warrantless surveillance powers were exercised in the period covered by the report that involved the use of a surveillance device:
c: in respect of each kind of surveillance device used without a warrant in the period covered by the report, the numbers of that kind of device used—
i: for a period of no more than 24 hours:
ii: for a period of more than 24 hours but no more than 48 hours:
d: the number of persons charged in criminal proceedings where the collection of evidential material relevant to those proceedings was significantly assisted by the exercise of a warrantless search or surveillance power in the period covered by the report:
e: the matters set out in section 172
2: This section does not require a chief executive to include in any annual report information about—
a: a rub-down search of a person that is undertaken in conjunction with that person's arrest or detention under any enactment:
b: any search of a person in lawful custody undertaken under section 11 Corrections Act 2004
c: the exercise of any power of entry that does not also confer a power of search:
d: a search undertaken by consent:
e: any prescribed search or surveillance, or search or surveillance of a prescribed kind, in any prescribed area or an area of a prescribed kind. Section 171(1) amended 1 July 2014 section 104 Public Finance Amendment Act 2013
171A: Information to be included in report on warrants under subpart 6A of Part 2
The following information is required by section 170(1)(ba)
a: the number of applications made under section 18B
b: the number of warrants issued under section 18D
c: for each warrant issued under section 18D
i: the number of searches conducted; and
ii: the number of places searched (on 1 or more occasions); and
iii: the number of vehicles searched (on 1 or more occasions); and
iv: the number of weapons seized as a result of the places and vehicles searched:
d: the number of persons charged in criminal proceedings where the collection of evidential material relevant to those proceedings was significantly assisted by the execution of a warrant issued under section 18D Section 171A inserted 5 April 2023 section 25 Criminal Activity Intervention Legislation Act 2023
172: Information to be included in report on surveillance device warrants and declaratory orders
The information required to be included in an annual report by section 170(1)(f) 171(1)(e)
a: the number of applications for surveillance device warrants and declaratory orders granted or refused in the period covered by the report:
b: the number of surveillance device warrants granted in the period covered by the report that authorised the use of a surveillance device, and the number in respect of each kind of surveillance device:
c: the number of declaratory orders made in the period covered by the report that related to the use of a device, technique, procedure, or activity, and the number in respect of each device, technique, procedure, or activity:
d: the number of surveillance device warrants granted during the period covered by the report that authorised entry into private premises:
e: in respect of each kind of surveillance device authorised by a surveillance device warrant issued during the period covered by the report, the numbers of that kind of device used—
i: for a period of no more than 24 hours:
ii: for a period of more than 24 hours but no more than 3 days:
iii: for a period of more than 3 days but no more than 7 days:
iv: for a period of more than 7 days but no more than 21 days:
v: for a period of more than 21 days but no more than 60 days:
f: in respect of each declaratory order made during the period covered by the report, a general description of the nature of the device, technique, procedure, or activity covered by the order:
g: the number of persons charged in criminal proceedings where the collection of evidential material relevant to those proceedings was significantly assisted by carrying out activities—
i: under the authority of a surveillance device warrant issued in the period covered by the report; or
ii: covered by a declaratory order made in the period covered by the report:
h: if a Judge has reported to the chief executive under section 61 62 section 48
9: Offences
173: Failing to comply with examination order
1: Every person commits an offence if he or she, without reasonable excuse, fails to comply with an examination order.
2: Every person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 1 year:
b: in the case of a body corporate, to a fine not exceeding $40,000.
174: Failing to comply with production order
1: Every person commits an offence if he or she, without reasonable excuse, fails to comply with a production order.
2: Every person who commits an offence against subsection (1) is liable on conviction,—
a: in the case of an individual, to imprisonment for a term not exceeding 1 year:
b: in the case of a body corporate, to a fine not exceeding $40,000.
175: False application for examination order, production order, search warrant, surveillance device warrant, or declaratory order
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 1 year who makes an application for an examination order, production order, search warrant, surveillance device warrant, or declaratory order that contains any assertion or other statement known by the person to be false.
176: Leaving search location in breach of direction
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months who, without reasonable excuse,—
a: fails to comply with a direction under section 117(1)
b: leaves any place or vehicle at which he or she is detained under section 118(1)
177: Offences relating to stopping vehicles
1: Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months who—
a: fails to stop as soon as practicable when required to do so by an enforcement officer exercising a power to stop or search a vehicle; and
b: knows or ought reasonably to know that the person exercising the power is an enforcement officer.
2: Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months who—
a: fails to comply with a requirement made by a constable under section 10(1)(a) 32(c)
b: knows or ought reasonably to know that the person imposing the requirement is a constable.
3: Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months who—
a: fails to comply with a requirement made by an enforcement officer under section 128
b: knows or ought reasonably to know that the person imposing the requirement is an enforcement officer.
4: Any constable may arrest without warrant any person who the constable has reasonable grounds to suspect has committed an offence against subsection (1) or (3).
178: Offence of failing to carry out obligations in relation to computer system search
Every person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months who fails, without reasonable excuse, to assist a person exercising a search power when requested to do so under section 130(1)
179: Offence to disclose information acquired through search or surveillance
1: No person who, as a consequence of any thing specified in subsection (2), acquires information about any person may knowingly disclose the substance, meaning, or purport of that information, or any part of that information, otherwise than in the performance of that person's duties, functions, or powers.
2: The things referred to in subsection (1) are—
a: the exercise of a search or surveillance power:
b: an examination order:
c: a production order:
d: the use of a device, technique, or procedure, or the carrying out of an activity specified in a declaratory order.
3: Every person who acts in contravention of subsection (1) commits an offence and is liable on conviction,—
a: in the case of an individual, to a term of imprisonment not exceeding 6 months:
b: in the case of a body corporate, to a fine not exceeding $100,000.
10: Miscellaneous
180: Effect of proceedings
1: This section applies when any proceeding has been commenced in any court in respect of—
a: the exercise of any power conferred by this Act or any enactment specified in column 2 of the Schedule
b: the discharge of any duty imposed by this Act or any enactment specified in column 2 of the Schedule
c: the use for investigative purposes of any evidential material obtained from the execution of a power or discharge of a duty imposed by this Act or any enactment specified in column 2 of the Schedule
2: Until a final decision in relation to the proceeding is given, unless an interim order made under subsection (3) is in force,—
a: the power or duty to which the proceeding relates may be, or may continue to be, exercised or discharged as if the proceeding had not been commenced, and no person is excused from fulfilling any obligation under this Act or any other enactment by reason of that proceeding; and
b: any evidential material obtained from the execution of the power or discharge of the duty to which the proceeding relates may be, or may continue to be, used for investigative purposes.
3: An interim order may be made by the High Court overriding the effect of subsection (2), but only if the High Court is satisfied that—
a: the applicant has established a prima facie case that the warrant or order in question is unlawful; and
b: the applicant would suffer substantial harm from the exercise or discharge of the power or duty; and
c: if the power or duty is exercised or discharged before a final decision is made in the proceeding, none of the remedies specified in subsection (4), or any combination of those remedies, could subsequently provide an adequate remedy for that harm; and
d: the terms of that order do not unduly hinder or restrict the investigation or prosecution.
4: The remedies are as follows:
a: any remedy that the court may grant in making a final decision in relation to the proceeding (for example, a declaration):
b: any damages that the applicant may be able to claim in concurrent or subsequent proceedings:
c: any opportunity that the applicant may have, as defendant in a criminal proceeding, to challenge the admissibility of any evidence obtained as a result of the exercise or discharge of the power or duty.
5: An interim order made under subsection (3)—
a: ceases to have effect on—
i: a date specified in that order; or
ii: any date subsequently specified by the High Court on being satisfied that paragraphs (a) to (d) of subsection (3) continue to apply; and
b: may be extended or renewed (whether before, on, or after its expiry) by the High Court, but only if the High Court is satisfied that paragraphs (a) to (d) of subsection (3) continue to apply.
181: Service of orders and notices
1: Where an order or a notice is to be given to a person for the purposes of this Act, it may be given—
a: by delivering it personally to the person; or
b: by delivering it at the usual or last known place of residence or business of the person, including by fax or by electronic mail; or
c: by sending it by prepaid post addressed to the person at the usual or last known place of residence or business of the person.
2: Where an order or notice is to be served on a corporation for the purposes of this subpart, service on an officer of the corporation, or on the registered office of the corporation, in accordance with subsection (1) is deemed to be service on the corporation.
3: Where an order or notice is to be served on a partnership for the purposes of this subpart, service on any one of the partners in accordance with subsection (1) or (2) is deemed to be service on the partnership.
4: Where an order or notice is sent by post to a person in accordance with subsection (1)(c), the order or notice is deemed, in the absence of proof to the contrary, to have been given on the third day after the day on which it was posted.
5: This section is subject to any other section of this Act that makes different provision for the service of orders or notices. 1990 No 51 s 52
5: Amendments, repeals, and miscellaneous provisions
1: Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes
Amendments to Agricultural Compounds and Veterinary Medicines Act 1997
182: Amendments to Agricultural Compounds and Veterinary Medicines Act 1997
Sections 183 to 186 Agricultural Compounds and Veterinary Medicines Act 1997 OIC SR 2012/229 2012-10-01 Agricultural Compounds and Veterinary Medicines Act 1997
183: Powers of entry for inspection
Section 64
3: The provisions of Part 4 subparts 2 and 3, sections 118 and 119, and subpart 8
184: Issue of search warrants
1: Section 69(1)
a: omitting Any District Court Judge or Justice of the Peace or any Registrar who is satisfied, on application in writing made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
b: omitting in the form set out in Schedule 1
2: Section 69(1)
ba: any trade name product or agricultural compound manufactured or imported in breach of the provisions of this Act:
3: Section 69(1)(c) paragraph (a) or paragraph (b) paragraph (a), (b), or (ba)
4: Section 69
2: Subject to subsection (3) and section 70, the provisions of Part 4
3: Despite subsection (2), sections 118 and 119
185: Powers of entry with warrant
Section 70
1: Without limiting the powers conferred by any warrant issued under section 69(1), and subject to any conditions imposed by the issuing officer, every warrant issued under that section authorises the constable or the ACVM officer who is executing it, and any person called on by that constable or ACVM officer to assist, to seize and detain any trade name product or agricultural compound that—
a: is a risk to public health, agricultural security, trade in or market access for primary produce, or the welfare of animals, or that may breach domestic food residue standards; and
b: appears to an ACVM officer, who has made such inquiries as appear reasonable in the circumstances, to have been abandoned or to have no apparent or readily identifiable owner.
186: Disposal of property seized
1: Section 71(1)
1: Subject to subsection (3), subparts 1, 5, 6, 7, and 10 of Part 4
2: Section 71(2)
3: Section 71(3) 70(1)(f)(ii) 70(1)
4: Section 71
4: If any person is convicted of an offence to which the seized property relates, the court may, if it thinks fit, order that the item be disposed of as the court directs at the expense of the convicted person, and may order that the person pay any reasonable costs incurred by the Commissioner of Police or the Director-General.
187: Section 84 repealed
Section 84
188: Schedule 1 repealed
Schedule 1 Amendments to Animal Products Act 1999
189: Amendments to Animal Products Act 1999
Sections 190 to 193 Animal Products Act 1999 OIC SR 2012/229 2012-10-01 Animal Products Act 1999
190: Power of entry
1: Section 87(1) at any reasonable time
2: Section 87(2) , at any reasonable time,
3: Section 87
4: Section 87(4) , at any time that is reasonable in the circumstances
5: Section 87
5: The provisions of subparts 1, 4, 7, 9, and 10 of Part 4 sections 118 and 119
191: Power to examine, etc
1: Section 88
2: The provisions of Part 4 subparts 2, 3, and 8 sections 118 and 119
2: Section 88(3) (other than under subsection (1)(a) or (b)) this section
192: New section 91A inserted
The following section is inserted after section 91
91A: Disposal of seized animals prior to commencement or determination of proceedings
1: This section applies if—
a: a live animal is or live animals are seized by a constable or an animal product officer under the authority of a search warrant issued under section 94; and
b: either—
i: proceedings for an offence involving that animal or those animals—
A: have been commenced but not yet determined; or
B: have not yet been commenced but are intended to be commenced within a reasonable period; or
ii: the owner of that animal or animals cannot be located.
2: If this section applies, a District Court, on its own motion or on an application by a constable or an animal product officer, may make an order authorising—
a: the sale of the animal or animals; or
b: the placement of the animal or animals with another person; or
c: the destruction, slaughter, and processing of the animal or animals for animal products for sale, or other disposal of the animal or animals.
3: The District Court—
a: must, before making an order under subsection (2), give the owner of the animal or animals, if known and able to be contacted, an opportunity to be heard; and
b: may make an order under subsection (2) if it is satisfied that there are good reasons for making that order; and
c: may, when making the order, impose conditions (whether relating to the payment of any security holder in the animal or animals or otherwise).
4: In determining whether to make any order referred to in subsection (2), the court must have regard to the following matters:
a: whether the owner of the animal or animals has been identified, and if not, the steps that have been taken to identify and contact that person:
b: the number of animals involved:
c: the cost of continuing to hold the animal or animals:
d: the physical state of the animal or animals:
e: whether it is reasonable or practicable for the animal or animals to be placed elsewhere:
f: whether it is reasonable or practicable for the Ministry to retain possession of and care for the animal or animals until the determination of the proceedings relating to the animal or animals:
g: whether any person will suffer material loss, and the extent of that loss, if the animal or animals are or are not sold:
h: the fitness for purpose of any animal products derived from the seized animal or animals:
i: any other matters the court considers relevant.
5: If an animal is or animals are sold under an order made under subsection (2)(a) or animal products are sold under an order made under subsection (2)(c), the proceeds of sale (if any) must be held by the Ministry (after deducting (in order) the costs of transport and processing, the cost of sale, any sums required to be paid to a security holder or any other person under a condition of the order for sale, and any costs incurred by the Crown in caring for the animal or animals or providing veterinary treatment to that animal or those animals).
6: The Ministry must, unless the proceeds of sale are otherwise forfeited to the Crown or the owner of the animal or animals is unknown or cannot be contacted, pay the proceeds of sale to the owner as soon as practicable—
a: after the determination of the proceedings for an offence involving that animal or those animals; or
b: after a decision is taken not to commence any such proceedings.
193: Other amendments to Animal Products Act 1999
1: Section 92
2: Section 94(1)
a: omitting Any District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue a search warrant in the form set out in the Schedule An issuing officer (within the meaning of section 3
b: omitting on application in writing made on oath on an application made in the manner provided in subpart 3 of Part 4
3: Section 94
2: Subject to section 95, the provisions of Part 4
3: Despite subsection (2), sections 118 and 119
4: Section 95
1: Without limiting the powers conferred by any search warrant issued under section 94(1), every warrant issued under that section authorises the constable or animal product officer who is executing it, and any person called on by that constable or officer to assist, to exercise—
a: all of the powers of an animal product officer under sections 88 to 91; or
b: only such of those powers as are specified in the warrant.
1A: To avoid doubt, Part 4
5: Section 96
6: Section 97
a: omitting Section 199 of the Summary Proceedings Act 1957 applies to any property seized by a constable under a search warrant and, with any necessary modifications, to property seized under a search warrant by an animal product officer Subparts 1, 5, 6, 7, 9, and 10 Part 4
b: repealing paragraphs (a) to (c).
7: The Schedule Amendments to Animal Welfare Act 1999
194: Amendments to Animal Welfare Act 1999
Sections 195 to 198 Animal Welfare Act 1999 OIC SR 2012/229 2012-10-01 Animal Welfare Act 1999
195: Amendments to sections 130 to 136
1: Section 130(1)(a) (including, if necessary, destroying or arranging for the destruction of the animal) animal
2: Section 130(1)(b) (including, if necessary, destroying or arranging for the destruction of the animal)
3: Section 131(1) District Court Judge or Justice or Community Magistrate or any Registrar (not being a member of the police) who, on an application in writing made on oath issuing officer (within the meaning of section 3 subpart 3 of Part 4
4: Section 131
3: The provisions of Part 4 sections 133(2) and (4), 136, and 136A
4: Despite subsection (3), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.
5: Sections 132 133(1), (3), and (5) 134 135
6: Section 133(4) (including, if necessary, destroying or arranging for the destruction of the animal) suffering of the animal
7: Section 136
1: Subject to subsections (2) and (3) and section 136A subparts 1, 5, 6, 7, 9, and 10
a: any thing seized by a constable (including any animal seized by a constable under the authority of a search warrant issued under section 131 section 137(1)
b: with the necessary modifications, any thing seized by an inspector (including any animal seized by an inspector under the authority of a search warrant issued under section 131 section 127(5)
8: Section 136
2: Despite anything in subpart 6 of Part 4
9: Section 136(3) section 199(3) of the Summary Proceedings Act 1957 section 154(2)(c)
196: New section 136A inserted
The following section is inserted after section 136
136A: Disposal of animals seized or taken into custody prior to commencement or determination of proceedings
1: This section applies if—
a: 1 or more animals are seized by a constable or an inspector, under the authority of a search warrant issued under section 131, or are taken into possession by an inspector under section 127(5) or a constable under section 137(1); and
b: either—
i: proceedings for an offence involving that animal or those animals—
A: have been commenced but not yet determined; or
B: have not yet been commenced but are intended to be commenced within a reasonable period; or
ii: the owner of that animal or those animals cannot be located.
2: If this section applies, a District Court, on its own motion, or on an application by a constable or an inspector, may make an order authorising—
a: the sale of the animal or animals; or
b: the placement of the animal or animals with another person; or
c: the destruction or other disposal of the animal or animals; or
d: the dehorning or performance of other surgical procedures on the animal or animals.
3: The District Court—
a: must, before making an order under subsection (2), give the owner of the animal or animals, if known and able to be contacted, an opportunity to be heard; and
b: may make an order under subsection (2) if it is satisfied that there are good reasons for making that order; and
c: may, when making the order, impose conditions (whether relating to the payment of any security holder in the animal or animals or otherwise).
4: In determining whether to make any order referred to in subsection (2), the court must have regard to the following matters:
a: whether the owner of the animal or animals has been identified, and if not, the steps that have been taken to identify and contact that person:
b: the number of animals involved:
c: whether the animal or animals are being kept for economic purposes or for companionship:
d: the cost of continuing to hold the animal or animals:
e: the physical state of the animal or animals:
f: whether it is reasonable or practicable for the animal or animals to be placed elsewhere:
g: whether it is reasonable or practicable for the Ministry or an approved organisation to retain possession of and care for the animal or animals until the determination of the proceedings relating to the animal or animals:
h: whether any person will suffer material or other loss, and the extent of that loss, if the animal or animals are sold:
i: any other matters the court considers relevant.
5: If an animal is sold under the authority of an order under subsection (2)(a), the proceeds of sale (if any) must be held by the Ministry or an approved organisation (after deducting (in order) the costs of sale, any sums required to be paid to a security holder or any other person under a condition of the order for sale, and any costs incurred by the Crown or approved organisation in caring for the animal or animals or providing veterinary treatment to that animal or those animals).
6: The Ministry or approved organisation referred to in subsection (5) must, unless the proceeds of sale are forfeited to the Crown under section 172(1) or the owner of the animal is unknown or cannot be contacted, pay the proceeds of sale to the owner as soon as practicable—
a: after the determination of the proceedings for an offence involving that animal or those animals; or
b: after a decision is taken not to commence any such proceedings.
197: Vehicle, aircraft, ship, or animal may be detained
1: Section 137
1: If a constable arrests a person for an offence against section 22(2), 23(1) or (2), or 40(1) and the person is for the time being in charge of a vehicle, an aircraft, or a ship, or an animal, the constable may—
a: take possession of the vehicle, aircraft, or ship, or the animal, or both, and may take that vehicle, aircraft, or ship, or take that animal, or both, as the case may be, to another place; and
b: detain that vehicle, aircraft, or ship, or that animal, or both, at a place chosen by the constable for a period that is reasonably necessary to—
i: conduct a search of the vehicle, aircraft, or ship, or animal, or both, under another provision in this Act or under any other enactment that authorises such a search; or
ii: provide humane treatment for any animal that is moved.
2: Section 137(3) subsections (1) and (2) subsection (1)
198: Power of court to order that certain animals be forfeited to the Crown or approved organisation
Section 172
1: The court convicting a person (the offender
a: if it thinks it desirable for the protection of the animal or animals in question, order that any or all of the following animals be forfeited to the Crown or to an approved organisation:
i: the animal or animals to which the charge relates and of which the offender is the owner:
ii: any other animals at the date of conviction owned by the offender:
b: if it thinks it desirable, order that any proceeds of sale of the animal retained under section 136A Amendment to Antarctic Marine Living Resources Act 1981
199: Amendment to Antarctic Marine Living Resources Act 1981
1: This section amends the Antarctic Marine Living Resources Act 1981
2: Section 9
3: Section 9
6: The provisions of Part 4 subparts 3 and 8 OIC SR 2012/229 2012-10-01 Antarctic Marine Living Resources Act 1981 Amendments to Antarctica (Environmental Protection) Act 1994
200: Amendments to Antarctica (Environmental Protection) Act 1994
1: This section amends the Antarctica (Environmental Protection) Act 1994
2: Section 42(1)
a: omitting a District Court Judge, a duly authorised Justice, a Community Magistrate, or a Registrar (not being a member of the Police), who, on application made an issuing officer (within the meaning of section 3 subpart 3 of Part 4
b: omitting , unconditionally or subject to conditions, a warrant authorising the entry and search of the area, at any time on one occasion within 14 days of the issue of the warrant (or within such further time as may be specified in the warrant) a warrant authorising the entry and search of the area
3: Section 42
2: The provisions of Part 4
4: Section 43
1A: Subject to subsection (2), the provisions of Part 4 subparts 2 and 3
5: Section 44 any of sections 41 to 43 section 41 OIC SR 2012/229 2012-10-01 Antarctica (Environmental Protection) Act 1994 Amendments to Anti-Money Laundering and Countering Financing of Terrorism Act 2009
201: Amendments to Anti-Money Laundering and Countering Financing of Terrorism Act 2009
1: This section amends the Anti-Money Laundering and Countering Financing of Terrorism Act 2009
2: Section 114(4)(c) 149C(1) and (2), and 149D and 149C(1)
3: Section 117
2: The application must be made by an enforcement officer in the manner provided in subpart 3 of Part 4
4: Section 117(3) A District Court Judge, Justice of the Peace, Community Magistrate, or Registrar An issuing officer (within the meaning of section 3
5: Section 117
4: The provisions of subparts 1, 3, and 9 of Part 4
6: Section 118(1)
7: Section 118(1)(c) and seize
8: Section 118(3)
3: The provisions of Part 4 subpart 3 and sections 118, 119, and 130
9: Sections 119 to 122 125 to 128 129 OIC SR 2012/229 2012-10-01 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Except subsections (3) to (9) OIC SR 2012/229 2013-06-30 Anti-Money Laundering and Countering Financing of Terrorism Act 2009 Amendments to Aviation Crimes Act 1972
202: Amendments to Aviation Crimes Act 1972
1: This section amends the Aviation Crimes Act 1972
2: Section 13(1)(b) and that a search of the first-mentioned person will disclose evidential material about that offence,
3: Section 13
4: The provisions of Part 4 subpart 3 OIC SR 2012/229 2012-10-01 Aviation Crimes Act 1972 Amendments to Biosecurity Act 1993
203: Amendments to Biosecurity Act 1993
1: This section amends the Biosecurity Act 1993
2: Section 110
1: An issuing officer (within the meaning of section 3 subpart 3 of Part 4
3: Section 110(2) Judge, Justice, Magistrate, or Registrar issuing officer
4: Section 110
4: The provisions of subparts 1, 3, 7, 9, and 10
5: Section 111(1) a District Court Judge, a Justice of the Peace, a Community Magistrate, or a Registrar (not being a member of the Police), who, on the written application (made on oath) of an issuing officer (within the meaning of section 3 subpart 3 of Part 4
6: Section 111
6: The provisions of Part 4 sections 118 and 119
7: Section 112(1)(a)(ii) or copy of the warrant warrant
8: Section 118(2) Section 199 of the Summary Proceedings Act 1957 Subpart 6 of Part 4
9: Section 118
3: The provisions of subparts 1, 5, 6, 7, 9, and 10 OIC SR 2012/229 2012-10-01 Biosecurity Act 1993 Amendment to Boxing and Wrestling Act 1981
204: Amendment to Boxing and Wrestling Act 1981
Section 205 Boxing and Wrestling Act 1981 OIC SR 2012/229 2012-10-01 Boxing and Wrestling Act 1981
205: New section 9 substituted
Section 9
9: Search warrants
1: An issuing officer (within the meaning of section 3 subpart 3 of Part 4
2: The provisions of Part 4 subparts 2, 5, 6, and 8 Amendments to Children, Young Persons, and Their Families Act 1989
206: Amendments to Children, Young Persons, and Their Families Act 1989
Sections 207 to 209 Children, Young Persons, and Their Families Act 1989 OIC SR 2012/229 2012-10-01 Children, Young Persons, and Their Families Act 1989
207: Amendments to Parts 1 to 9 of Children, Young Persons, and Their Families Act 1989
1: Section 39(1) any Justice or any Community Magistrate or any Registrar (not being a member of the police), who, on application in writing made on oath any issuing officer (within the meaning of section 3 section 99
2: Section 40(1) any Justice or any Community Magistrate or any Registrar (not being a member of the police), may, on application in writing made on oath any issuing officer (within the meaning of section 3 section 99
3: Section 386(1) Any Judge or Justice or Community Magistrate or any Registrar (not being a member of the police) who, on application in writing made on oath An issuing officer (within the meaning of section 3 section 99
208: Amendments to Part 10 of Children, Young Persons, and Their Families Act 1989
1: Section 445A
a: omitting section 39 or section 40 or
b: omitting or section 386 of this Act
2: Section 445B(2) section 39, 40, 122, 157(2), 205(2)(b), 296C, or 386 section 122, 157(2), 205(2)(b), or 296C
209: New section 445D inserted
The following section is inserted after section 445C
445D: Certain provisions of Search and Surveillance Act 2012 apply to some warrants
Sections 101 and 105 Amendments to Civil Aviation Act 1990
210: Amendments to Civil Aviation Act 1990
1: This section amends the Civil Aviation Act 1990
2: Section 24(4) a judicial officer on written application on oath, which shall not be granted unless the judicial officer an issuing officer on application in the manner provided for an application for a search warrant in subpart 3 of Part 4
3: Section 24
5: Subject to subsections (5A), (6), and (7), subparts 1, 3, 4, 5, 7, 9, and 10
5A: Despite subsection (5), sections 118 and 119 OIC SR 2012/229 2012-10-01 Civil Aviation Act 1990 Amendments to Commodity Levies Act 1990
211: Amendments to Commodity Levies Act 1990
1: This section amends the Commodity Levies Act 1990
2: Section 19(1)
a: omitting A District Court Judge, a Justice, a Community Magistrate, or a Court Registrar (not being a constable) who, on an application in writing made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
b: omitting in the form set out in the Schedule to this Act
3: Section 19
2: Subject to subsection (2A), the provisions of Part 4
2A: Despite subsection (2), sections 118 and 119
4: Sections 20 to 22 Schedule OIC SR 2012/229 2012-10-01 Commodity Levies Act 1990 Amendments to Conservation Act 1987
212: Amendments to Conservation Act 1987
1: This section amends the Conservation Act 1987
2: Section 40(4A) and (4B)
3: Section 40
7: The provisions of Part 4 subpart 3
4: Section 46 OIC SR 2012/229 2012-10-01 Conservation Act 1987 Amendments to Criminal Proceeds (Recovery) Act 2009
213: Amendments to Criminal Proceeds (Recovery) Act 2009
Sections 214 to 219 Criminal Proceeds (Recovery) Act 2009 OIC SR 2012/229 2012-10-01 Criminal Proceeds (Recovery) Act 2009
214: Amendments to sections 59 and 71 of Criminal Proceeds (Recovery) Act 2009
1: Section 59(3) Sections 115 to 122, so far as applicable and with all necessary modifications, apply Part 4 subpart 6
2: Section 71(3) Sections 115 to 122, so far as applicable and with all necessary modifications, apply Part 4 subpart 6
215: Amendments to sections 101 to 110 of Criminal Proceeds (Recovery) Act 2009
1: Section 101(1) on an application in writing made on oath on an application made in the manner provided in subpart 3 of Part 4
2: Section 102(1) on an application in writing made on oath on an application made in the manner provided in subpart 3 of Part 4
3: Section 104(2) in writing and on oath in the manner provided in relation to a search warrant in sections 99 and 100
4: Section 104
3: Every person commits an offence who makes an application for a production order that contains any assertion or other statement known by the person to be false.
4: Every person who commits an offence against subsection (3) is liable on conviction to imprisonment for a term not exceeding 1 year.
5: Section 106(2) in writing and on oath in the manner provided in relation to a search warrant in sections 99 and 100
6: Section 106 is amended by adding the following subsections:
3: Every person commits an offence who makes an application for an examination order that contains any assertion or other statement known by the person to be false.
4: Every person who commits an offence against subsection (3) is liable on conviction to imprisonment for a term not exceeding 1 year.
7: Section 108(1) on application in writing made on oath on an application made in the manner provided in subpart 3 of Part 4
8: Section 108(2) in the prescribed form
9: Section 110(1) on an application in writing made on oath on an application made in the manner provided in subpart 3 of Part 4
216: New section 114 substituted
Section 114
114: Application of Part 4 of Search and Surveillance Act 2012
1: The provisions of Part 4
2: The provisions of subpart 6 of Part 4
217: Sections 115 to 122 repealed
Sections 115 to 122
218: New section 127 substituted
Section 127
127: Provisions associated with foreign restraining orders and foreign forfeiture orders
Part 4 subpart 6 sections 124 to 126
219: Additional matters in respect of registering foreign forfeiture order
Section 146(3) Sections 115 to 122, so far as applicable and with all necessary modifications, apply Part 4 subpart 6 Amendments to Customs and Excise Act 1996
220: Amendments to Customs and Excise Act 1996
Sections 221 to 229 Customs and Excise Act 1996 OIC SR 2012/229 2012-10-01 Customs and Excise Act 1996
221: Amendments to sections 139 to 141 of Customs and Excise Act 1996
1: Section 139
5: The provisions of Part 4 subpart 3
6: Despite subsection (5), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4
2: Section 140(2) subsection (1) subsection (1)(a) to (c)
3: Section 140
3: The provisions of Part 4 subpart 3
4: Despite subsection (3), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4
4: Section 141 section 139 or section 140 section 139(1)(a) to (c) or 140(1)(a) to (c)
222: Searching vehicles
Section 144
6: The provisions of Part 4 subparts 2 and 3
7: Despite subsection (5), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4
223: Amendments to sections 149A to 149D of Customs and Excise Act 1996
1: Section 149A(3) 149D 149C
2: Section 149B(4) to (6)
3: Section 149B
8: The provisions of Part 4 subpart 3
9: Despite subsection (8), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4
4: Section 149BA(1) believe suspect
5: Section 149BA(3)
6: Section 149BA
5: The provisions of Part 4 subpart 3
6: Despite subsection (5), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4 of the Search and Surveillance Act 2012 do not apply to any goods forfeited to the Crown under section 225 of this Act.
7: Section 149C
2: The provisions of subparts 1, 5, 6, 7, 9, and 10 Part 4
3: Despite subsection (2), sections 125(4), 131(5)(f), and 133, and subpart 6 of Part 4
8: Section 149D
224: Examination of goods no longer subject to control of Customs
Section 152
3A: The provisions of Part 4 subpart 3
3B: Despite subsection (3A), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4
225: Amendments to sections 165 to 167 of Customs and Excise Act 1996
1: The heading to section 165 search inspection
2: Section 165(1) search,
3: The heading to section 166 search inspection
4: Section 166(1) search,
5: Section 167(1) A District Court Judge, Justice of the Peace, Community Magistrate, or Registrar (not being a constable) may issue a search warrant in the prescribed form if he or she is satisfied, on an application by a Customs officer in writing made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
6: Section 167
2: The provisions of Part 4
3: Despite subsection (2), sections 125(4), 131(5)(f), and 133, and subparts 6 and 8 of Part 4 of the Search and Surveillance Act 2012 do not apply to any goods forfeited to the Crown under section 225 of this Act.
226: Amendments to section 172 and repeal of sections 168 to 171, and 173 of Customs and Excise Act 1996
1: Sections 168 to 171 173
2: Section 172(1) (other than a power of search to which Part 4 conferred by this Act
3: Section 172(2) or 171
227: Seizure and detention of goods suspected to be certain risk goods or evidence of commission of certain offences
1: The heading to section 175C or documents of goods
2: Section 175C(1) or documents goods
3: Section 175C(2) to (4) or documents goods
4: Section 175C
5: Part 4 subparts 2 and 3
228: New section 175D inserted
The following section is inserted after section 175C
175D: Seizure and detention of certain drugs and objectionable publications
1: A Customs officer may seize and detain goods or documents that are presented or located in the course of exercising any power of inspection, search, or examination under this Act, if he or she has cause to suspect on reasonable grounds that the goods or documents are evidence of the commission of 1 or more offences under 1 or more of the following enactments:
a: section 6, 7, 12A, 13, or 22 of the Misuse of Drugs Act 1975:
b: section 123, 124, 131, or 131A of the Films, Videos, and Publications Classification Act 1993.
2: A Customs officer who detains goods or documents under subsection (1) may, if the appropriate person specified in subsection (3) agrees, do any of the following:
a: deliver the goods or documents into the custody of that person:
b: retain the goods or documents pending further investigation:
c: treat the goods or documents as forfeited within the meaning of this Act.
3: The appropriate person referred to in subsection (2) is,—
a: if the Customs officer believes that subsection (1)(a) applies, a constable; or
b: if the Customs officer believes that subsection (1)(b) applies, an Inspector of Publications within the meaning of the Films, Videos, and Publications Classification Act 1993.
4: Once goods or documents have been delivered to a person under subsection (2)(a), responsibility for those goods or documents passes to that person.
5: The provisions of subparts 1, 5, 6, 7, 9, and 10 Part 4
6: Despite subsection (5), sections 125(4), 131(5)(f), and 133, and subpart 6
229: Amendments to Part 17 of Customs and Excise Act 1996
1: Section 286(1)(aa)
2: Section 305A(1) 167, and 171 and 167 Amendments to Dairy Industry Restructuring Act 2001
230: Amendments to Dairy Industry Restructuring Act 2001
1: This section amends the Dairy Industry Restructuring Act 2001
2: Section 29C 29L 29H
3: Section 29I(1)
a: omitting A District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue a search warrant in the form set out in Schedule 5D An issuing officer (within the meaning of section 3
b: omitting in writing made on oath made in the manner provided in subpart 3 of Part 4
4: Section 29I
2: Subject to section 29L and subsection (3), the provisions of Part 4
3: Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.
5: Sections 29J 29K
6: Section 29L
a: omitting Section 199 of the Summary Proceedings Act 1957 Subpart 6 of Part 4
b: repealing paragraphs (a) to (c).
7: Section 145(j) sections 98B to 98G section 98G
8: Schedule 5D OIC SR 2012/229 2012-10-01 Dairy Industry Restructuring Act 2001 Amendments to Dog Control Act 1996
231: Amendments to Dog Control Act 1996
Sections 232 233 Dog Control Act 1996 OIC SR 2012/229 2012-10-01 Dog Control Act 1996
232: Power of entry
1: Section 14(3)(a) a District Court Judge on written application on oath an issuing officer (within the meaning of section 3 subpart 3 of Part 4
2: Section 14
5: The provisions of Part 4 subparts 3, 5, and 6
6: Despite subsection (5), sections 118 and 119
233: Other amendments to Dog Control Act 1996
1: Section 56(3)
a: he or she is authorised to enter by a warrant issued by an issuing officer (within the meaning of section 3 subpart 3 of Part 4
2: Section 56
3A: None of the following persons may act as an issuing officer under this section:
a: the mayor or any elected member of the local authority that employs or engages the dog ranger or dog control officer; or
b: any employee of the local authority that employs or engages the dog ranger or dog control officer.
3: Section 56
5: The provisions of subparts 1, 3, 7, 9, and 10 Part 4
4: Section 57(6)(b) he or she is authorised in writing to do so by a Justice, who must not grant an authority unless the Justice he or she is authorised to enter by a warrant issued by an issuing officer (within the meaning of section 3 subpart 3 of Part 4
5: Section 57
6A: None of the following persons may act as an issuing officer under this section:
a: the mayor or any elected member of the local authority that employs or engages the dog ranger or dog control officer; or
b: any employee of the local authority that employs or engages the dog ranger or dog control officer.
6B: The provisions of subparts 1, 3, 7, 9, and 10 Part 4 Amendments to Driftnet Prohibition Act 1991
234: Amendments to Driftnet Prohibition Act 1991
Sections 235 to 238 Driftnet Prohibition Act 1991 OIC SR 2012/229 2012-10-01 Driftnet Prohibition Act 1991
235: Powers of search
Section 13
3A: The provisions of subparts 1, 4, 5, 7, 9, and 10 of Part 4
236: Powers of seizure
Section 15
2: Subject to section 18, subparts 1, 5, 6, 7, 9, and 10 of Part 4
237: Sections 16, 17, and 19 to 22 repealed
Sections 16 17 19 to 22
238: Section 24 repealed
Section 24 Amendments to Electricity Industry Act 2010
239: Amendments to Electricity Industry Act 2010
1: This section amends the Electricity Industry Act 2010
2: Section 47(2) A District Court Judge, Justice, or Community Magistrate, or a Court Registrar (not being a constable) An issuing officer (within the meaning of section 3 subpart 3 of Part 4
3: Section 47
3: The provisions of Part 4 sections 118 and 119 OIC SR 2012/229 2012-10-01 Electricity Industry Act 2010
239A: Amendments to Electronic Identity Verification Act 2012
1: This section amends the Electronic Identity Verification Act 2012
2: In section 25 A District Court Judge or Justice or Community Magistrate or Registrar who is not a constable may issue a search warrant under the Summary Proceedings Act 1957 An issuing officer may issue a search warrant under the Search and Surveillance Act 2012 2014-04-01 Electronic Identity Verification Act 2012 Refer to s2(2), and s2(3). The rest of this Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates. To the extent that it is not previously brought into force under subsection (2), the rest of this Act comes into force on 1 April 2014. Section 239A inserted 2 April 2013 section 76 Electronic Identity Verification Act 2012 Amendments to Extradition Act 1999
240: Amendments to Extradition Act 1999
1: This section amends the Extradition Act 1999
2: Section 82
3: Nothing in this section limits or affects any power under section 11
3: Section 83(2) A District Court Judge who, on an application in writing made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
4: Section 83
4: The provisions of Part 4 subpart 6
5: Sections 84 to 88 OIC SR 2012/229 2012-10-01 Extradition Act 1999 Amendments to Films, Videos, and Publications Classification Act 1993
241: Amendments to Films, Videos, and Publications Classification Act 1993
Sections 242 to 244 Part 7 OIC SR 2012/229 2012-10-01 Films, Videos, and Publications Classification Act 1993
242: Amendments to sections 109 to 109B of Films, Videos, and Publications Classification Act 1993
1: Section 109 A District Court Judge, Justice, or Community Magistrate, or a Registrar (not being a member of the police) may, on an application in writing made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
2: Section 109A(1) A District Court Judge may, on an application in writing made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
3: Section 109B A Justice, Community Magistrate, or Registrar (not being a member of the police) may, on an application in writing made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
243: New section 110 substituted
Sections 110 to 114
110: Application of Part 4 of Search and Surveillance Act 2012
1: The provisions of Part 4 sections 118 and 119
2: This section is subject to sections 115 to 117.
244: Section 118 repealed
Section 118 Amendments to Financial Markets Authority Act 2011
245: Amendments to Financial Markets Authority Act 2011
1: This section amends the Financial Markets Authority Act 2011
2: Section 22(6) clauses 39 and 40 of Schedule 2 (which provide for immunities in respect of entry or search powers) sections 165 to 168
3: Section 29(3)
a: omitting A Judge of the High Court or a District Court Judge may issue a search warrant in relation to a place, vehicle, or other thing, on application An issuing officer (within the meaning of section 3 subpart 3 of Part 4
b: omitting the Judge the issuing officer
4: Section 29(3)(b) specified in the application
5: Section 29(4) and Schedule 2
6: The definitions of evidential material thing vehicle section 29(4)
7: Section 29
5: The provisions of Part 4 sections 118 and 119
8: Schedule 2 OIC SR 2012/229 2012-10-01 Financial Markets Authority Act 2011 Amendments to Financial Transactions Reporting Act 1996
246: Amendments to Financial Transactions Reporting Act 1996
1: This section amends the Financial Transactions Reporting Act 1996
2: Section 44 Any District Court Judge, Justice, or Community Magistrate, or any Registrar (not being a member of the Police), who, on an application in writing made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
3: Section 44
2: The provisions of Part 4
4: Sections 45 to 51 OIC SR 2012/229 2012-10-01 Financial Transactions Reporting Act 1996 Amendments to Fisheries Act 1996
247: Amendments to Fisheries Act 1996
Sections 248 to 252 Fisheries Act 1996 2012-04-18 Fisheries Act 1996 Applies to amendments by sections 247, 248, and 251(3) only. OIC SR 2012/229 2012-10-01 Fisheries Act 1996 Applies to amendments by sections 249, 250, 251(1), (2) & (4) and 252.
248: New sections 199 and 199A substituted
Section 199
199: Powers of entry and examination for regulatory purposes
1: In the course of the enforcement and administration of this Act, a fishery officer may, at any reasonable time,—
a: examine any vessel, vehicle, premises, or other place (by stopping or opening the thing or place, as the case requires, where necessary) and—
i: examine any fish, aquatic life, or seaweed in that thing or at that place; or
ii: examine any accounts, records, returns, or other documents in that thing or at that place that may be relevant to monitoring compliance with this Act or any regulations made under this Act; or
iii: examine any record, authority, approval, permission, licence, or authority in that thing or at that place that may be relevant to monitoring compliance with this Act or any regulations made under this Act; or
iv: examine any article, gear, container, apparatus, device, or thing relating to the taking, sale, purchase, farming, or possession of any fish, aquatic life, or seaweed that is in that thing or at that place:
b: enter, pass across, or remain upon any land for the purpose of observing any public place, including by the use of a visual surveillance device:
c: stop any person and examine any thing referred to in paragraph (a)(i) to (iv) that is in the possession of that person:
d: for the purposes of any examination under paragraph (a) or (c),—
i: open, or direct any person to open, any thing that may be examined; and
ii: take any sample of a thing that may be examined, for forensic or other scientific testing:
e: for the purposes of exercising any power conferred by paragraph (a), enter or pass across any land.
2: A fishery officer may detain any vessel, vehicle, conveyance of any kind, parcel, package, record, document, article, gear, apparatus, device, container, fish, aquatic life, seaweed, or thing for any period that is reasonably necessary to enable the fishery officer to carry out an examination under this section.
3: In this section and in section 199A visual surveillance device
199A: Powers of entry and search for law enforcement purposes
1: Subsection (2) applies to a fishery officer if he or she believes, on reasonable grounds, that—
a: an offence is being or has been committed against this Act; and
b: there may be concealed or located or held in any vessel, vehicle, conveyance of any kind, premises, place, parcel, package, record, or thing—
i: any fish, aquatic life, or seaweed taken or thing used or intended to be used in contravention of this Act; or
ii: any article, record, document, or thing that will be evidence as to the commission of an offence against this Act.
2: If this subsection applies to a fishery officer, then, for the purpose of enforcing this Act, that officer may—
a: enter, examine, and search any such premises or place, or any such vessel, vehicle, or conveyance of any kind (by stopping or opening the thing or place, as the case requires, where necessary); and
b: enter, pass across, or remain upon any land for the purpose of observing any public place, including by the use of a visual surveillance device; and
c: examine and search (by opening the thing where necessary) any such parcel, package, record, or thing; and
d: for the purposes of exercising any power conferred by paragraph (a), enter or pass across any land.
3: A fishery officer may detain any vessel, vehicle, conveyance of any kind, parcel, package, record, document, article, gear, apparatus, device, container, fish, aquatic life, seaweed, or thing for such period as is reasonably necessary to enable the fishery officer to carry out an examination or a search under this section.
249: New section 199B inserted
The following section is inserted after section 199A
199B: Application of Part 4 of Search and Surveillance Act 2012
1: The provisions of Part 4 subparts 2 and 3 section 119 subpart 8 section 199(1)
2: The provisions of Part 4 subparts 3 and 8 section 199A
250: Amendments to sections 200 to 207 of Fisheries Act 1996
1: Section 200(1) a Justice, Community Magistrate, District Court Judge, or Registrar of a District Court an issuing officer (within the meaning of section 3
2: Section 200
2: An application for authorisation must be made by a fishery officer in the manner provided for an application for a search warrant under subpart 3 of Part 4
3: Section 200(3) A Justice, Community Magistrate, District Court Judge, or Registrar of a District Court An issuing officer
4: Section 200
4: The provisions of subparts 1, 3, 7, 9, and 10 Part 4
5: Section 205 as may be reasonably necessary as is necessary
6: Section 206(2)
a: omitting section 198A of the Summary Proceedings Act 1957 section 137
b: omitting section 198A of that Act section 137
7: Section 207
2: Subparts 1, 5, 6, 7, 9, and 10 Part 4
251: Amendments to sections 208 to 220 of Fisheries Act 1996
1: Sections 208 to 211
2: Section 212 and the thing is liable to be forfeited under this Act if the owner is convicted, otherwise perish,
3: Section 213(1) or 199A 199
4: Section 220
5: This section is subject to sections 164 to 168
252: Schedule 7 repealed
Schedule 7 Amendments to Food Act 1981
253: Amendments to Food Act 1981
1: This section amends the Food Act 1981
2: Section 12
2A: Subject to sections 14 and 16, the provisions of Part 4 subparts 2 and 3 sections 118, 119, 125(4), 131(5)(f), and 133 subparts 6 and 8
3: Section 13
1A: Subject to sections 14 and 16, the provisions of Part 4 subparts 2 and 3 sections 118, 119, 125(4), 131(5)(f), and 133 subparts 6 and 8
4: Section 14(4)(a) employed by the Ministry
5: Section 15A section 198 of the Summary Proceedings Act 1957 section 6
6: Section 15A
2: An officer who is authorised in writing by the Director-General to apply for search warrants in relation to the offences referred to in subsection (1) may apply for such a warrant under section 6 OIC SR 2012/229 2012-10-01 Food Act 1981 Amendments to Gambling Act 2003
254: Amendments to Gambling Act 2003
1: This section amends the Gambling Act 2003
2: Section 335
3: The provisions of Part 4 subpart 3
3: Section 335(5)
4: Section 336
3: The provisions of Part 4 subpart 3
5: Section 336(5)
6: Section 337
7: Section 340
2: An application must be made in the manner provided in subpart 3 of Part 4 section 3
8: Section 340(3) The Judge, Justice, Magistrate, or Registrar The issuing officer
9: Section 340
3A: Subject to subsection (3B), the provisions of Part 4
3B: Despite subsection (3A), sections 118 and 119
10: Section 340(4) sections 341 and section
11: Sections 341 to 343 345
12: Section 369(d) 331, and a search warrant under section 341 331 OIC SR 2012/229 2012-10-01 Gambling Act 2003 Amendments to Hazardous Substances and New Organisms Act 1996
255: Amendments to Hazardous Substances and New Organisms Act 1996
1: This section amends the Hazardous Substances and New Organisms Act 1996
2: Section 119(1)
a: omitting District Court Judge or Justice of the Peace or Community Magistrate or any Registrar who is satisfied, on application in writing made on oath issuing officer (within the meaning of section 3 subpart 3 of Part 4
b: omitting in the prescribed form
3: Section 119
3: Subject to subsection (4), the provisions of Part 4
4: Despite subsection (3), sections 118 and 119
4: Section 120 OIC SR 2012/229 2012-10-01 Hazardous Substances and New Organisms Act 1996 Amendments to Health Practitioners Competence Assurance Act 2003
256: Amendments to Health Practitioners Competence Assurance Act 2003
1: This section amends the Health Practitioners Competence Assurance Act 2003
2: Section 10(1) section 198 of the Summary Proceedings Act 1957 section 6
3: Section 10
1A: A person who is authorised in writing by the Director-General of Health to apply for search warrants in relation to the offences referred to in subsection (1) may apply for such a warrant under section 6
4: Section 10
2: The provisions of Part 4 sections 118 and 119
5: Section 10(3)
a: omitting section 199 of the Summary Proceedings Act 1957 subpart 6 of Part 4
b: omitting from paragraph (a) section 199 of that Act subpart 6 of Part 4 OIC SR 2012/229 2012-10-01 Health Practitioners Competence Assurance Act 2003 Amendments to Human Assisted Reproductive Technology Act 2004
257: Amendments to Human Assisted Reproductive Technology Act 2004
1: This section amends the Human Assisted Reproductive Technology Act 2004
2: Section 68(1)
3: Section 68
2: The provisions of Part 4 subpart 3 and sections 118 and 119
4: Section 69(2) A District Court Judge, a Justice, or a Court Registrar who is not a member of the police, may, on a written application made on oath by an authorised person, issue a search warrant in the form set out in Schedule 2 An issuing officer (within the meaning of section 3 subpart 3 of Part 4
5: Section 69
4: Subject to section 72, the provisions of Part 4 sections 118 and 119
6: Sections 70 71 Schedule 2
7: Section 72
a: omitting Section 199 of the Summary Proceedings Act 1957 Subpart 6 of Part 4
b: repealing paragraphs (a) to (c). OIC SR 2012/229 2012-10-01 Human Assisted Reproductive Technology Act 2004 Amendments to Human Tissue Act 2008
258: Amendments to Human Tissue Act 2008
1: This section amends the Human Tissue Act 2008
2: Section 68(1)
3: Section 68
2: The provisions of Part 4 subpart 3 and sections 118 and 119
4: Section 69(2) A District Court Judge, a Community Magistrate, a Justice, or a Registrar who is not a member of the police may, on a written application made on oath by an authorised person, issue a search warrant in the prescribed form An issuing officer (within the meaning of section 3 subpart 3 of Part 4
5: Section 69
6: Section 69
5: Subject to subsection (6) and section 72, the provisions of Part 4 sections 118 and 119
7: Sections 70 71
8: Section 72
a: omitting Section 199 of the Summary Proceedings Act 1957 Subpart 6 of Part 4
b: repealing paragraphs (a) to (c).
9: Section 79 OIC SR 2012/229 2012-10-01 Human Tissue Act 2008 Amendment to Immigration Act 2009
259: Amendment to Immigration Act 2009
1: This section amends the Immigration Act 2009
2: The following section is inserted after section 293
293A: Immigration officer may apply for search warrant
An immigration officer may, in carrying out the immigration officer’s functions under this Act, apply for a search warrant under section 198 of the Summary Proceedings Act 1957. OIC SR 2012/229 2012-10-01 Immigration Act 2009 Amendments to Immigration Advisers Licensing Act 2007
260: Amendments to Immigration Advisers Licensing Act 2007
Sections 261 to 264 Immigration Advisers Licensing Act 2007 OIC SR 2012/229 2012-10-01 Immigration Advisers Licensing Act 2007
261: New sections 56 and 57 substituted
Sections 56 57
56: Purposes of inspection
The powers in section 57
a: administering the licensing regime:
b: obtaining information in relation to complaints in respect of persons who are or have formerly been licensed to provide immigration advice:
c: obtaining information in respect of persons who have applied to be licensed:
d: investigating offences under this Act.
57: Inspection powers
1: Any person authorised by the Registrar may, for a purpose set out in section 56
a: at any reasonable time, enter any premises where the person has good cause to suspect that—
i: any licensed immigration adviser or former licensed immigration adviser works or has worked in the past 2 years; or
ii: any person who has applied to be licensed as an immigration adviser works; or
iii: a person provides immigration advice or contracts or employs a person to provide immigration advice:
b: question any licensed immigration adviser, former licensed immigration adviser, or other person at any premises of a kind described in paragraph (a):
c: require a person of a kind described in paragraph (a) to produce for inspection relevant documents in that person's possession or under that person's control:
d: inspect and take copies of documents referred to in paragraph (c):
e: retain documents referred to in paragraph (c), if there are grounds for believing that they are evidence of the commission of an offence.
2: If a requirement is made of a person under subsection (1)(c), the person must immediately comply with that requirement.
3: The provisions of subparts 1, 5, 6, 7, 9, and 10 Part 4
262: Amendments to sections 58 to 61 of Immigration Advisers Licensing Act 2007
1: Section 58
2: Section 59 or 58
3: Section 60 or 58
4: Section 61(1) A Judge who, on written application made on oath, An issuing officer (within the meaning of section 3 subpart 3 of Part 4
5: Section 61
2: The provisions of subparts 1, 3, and 9 of Part 4
263: New section 61A inserted
The following section is inserted after section 61
61A: Search warrant
1: For the purposes of section 97
2: The Registrar may exercise the powers of a constable to apply for a search warrant under section 6
264: Other amendments to Immigration Advisers Licensing Act 2007
1: Section 62(3)(c) or 58
2: Section 69(1) or 58 Amendments to Insurance (Prudential Supervision) Act 2010
265: Amendments to Insurance (Prudential Supervision) Act 2010
1: This section amends the Insurance (Prudential Supervision) Act 2010
2: Section 132(2) A Judge of the High Court or a District Court Judge who is satisfied, on the application of the investigator, An issuing officer (within the meaning of section 3 subpart 3 of Part 4
3: Section 132
3: The provisions of Part 4 sections 118 and 119
4: Section 230
3: This section and section 231 are subject to subpart 7 of Part 4
5: Schedule 2 OIC SR 2012/229 2012-10-01 Insurance (Prudential Supervision) Act 2010 Amendments to International Crimes and International Criminal Court Act 2000
266: Amendments to International Crimes and International Criminal Court Act 2000
1: This section amends the International Crimes and International Criminal Court Act 2000
2: Section 77(3) section 37 of the Policing Act 2008 section 11
3: Section 102(1) a District Court Judge, on an application in writing made on oath or affirmation an issuing officer (within the meaning of section 3 subpart 3 of Part 4
4: Section 102
2: The provisions of subparts 1 to 5 and 7, 9, and 10 of Part 4 sections 161 and 162
5: Sections 103 to 106
6: The heading to section 107 Notice of execution Report to Attorney-General on execution
7: Section 107
8: Section 107(2)
a: omitting the warrant is executed a warrant issued under section 102 is executed
b: omitting subsection (1) section 133
9: Section 107(3) the warrant a warrant issued under section 102
10: Section 108(4) The Subject to section 155
11: Section 108(5) , but subject to section 154 subsection (4) OIC SR 2012/229 2012-10-01 International Crimes and International Criminal Court Act 2000 Amendments to International War Crimes Tribunals Act 1995
267: Amendments to International War Crimes Tribunals Act 1995
1: This section amends the International War Crimes Tribunals Act 1995
2: Section 11 a Judge an issuing officer
3: Section 29 a Judge an issuing officer
4: Section 48(1) Any Judge who, on an application in writing made on oath Any issuing officer (within the meaning of section 3 subpart 3 of Part 4
5: Section 48(2) Any Judge who, on application in writing made on oath under section 29 of this Act by a member of the Police authorised under that section An issuing officer (within the meaning of section 3 subpart 3 of Part 4
6: Section 48
3: The provisions of subparts 1 to 5 and 7 to 10 of Part 4 sections 161 and 162
7: Sections 49 to 50A 51 52
8: Section 53 the matters set out in paragraphs (a) to (c) of section 52 of this Act the date and time of execution of the warrant, the identity of the person who executed the warrant, and the thing or things seized under the warrant
9: Section 55(5) The Subject to sections 154 and 155
10: Section 55(6) If Subject to sections 154 and 155 OIC SR 2012/229 2012-10-01 International War Crimes Tribunals Act 1995 Amendments to Land Transport Act 1998
268: Amendments to Land Transport Act 1998
1: This section amends the Land Transport Act 1998
2: Section 119
2A: The provisions of Part 4 subpart 3
3: Section 119
(3): An enforcement officer may, without warrant, enter, by force if necessary, a building or place where a vehicle to which section 96, 96A, or 123 applies is being stored or kept, and seize and impound the vehicle,—
a: if—
i: an enforcement officer has been freshly pursuing the vehicle; or
ii: it is likely that a person was about to remove, conceal, destroy, or dispose of the vehicle; or
iii: an enforcement officer believes on reasonable grounds that the vehicle was about to be used in the commission of a crime; and
b: if, because of the time of the day or the locality, it was impracticable to obtain a warrant without creating an opportunity for the person to do anything referred to in paragraph (a)(ii) or (iii).
4: Section 119(5) apply on oath to a District Court Judge apply, in the manner provided for an application for a search warrant in subpart 3 of Part 4 section 3
5: Section 119
6: The provisions of Part 4 (3) subpart 3 Part OIC SR 2012/229 2012-10-01 Land Transport Act 1998 Amendments to Local Government Act 2002
269: Amendments to Local Government Act 2002
Sections 270 271 Local Government Act 2002 OIC SR 2012/229 2012-10-01 Local Government Act 2002
270: Seizure of property from private land
1: Section 165(1) A judicial officer An issuing officer (within the meaning of section 3
2: Section 165(2)(a) in writing and on oath in the manner provided for an application for a search warrant in subpart 3 of Part 4
3: Section 165(2)(b) judicial officer issuing officer
4: Section 165
3: None of the following persons may act as an issuing officer under this section:
a: the mayor or any elected member of the local authority:
b: any employee of the local authority.
4: The provisions of Part 4 sections 118 and 119
271: Other amendments to Local Government Act 2002
1: Section 166
1: An enforcement officer executing a warrant issued under section 165(1) must be accompanied by a constable.
2: Subsection (1) overrides section 165(4)
2: Section 167(1) or section 165
3: Section 168(1) seized and impounded under section 164 dispose of property
4: Section 171(2) and (3)
5: Section 172(3)(a) a District Court Judge on written application on oath an issuing officer (within the meaning of section 3 subpart 3 of Part 4
6: Section 172
4: Subject to subsections (3)(b) and (5), the provisions of Part 4
5: Despite subsection (4), sections 118 and 119
7: Section 173
2: The provisions of Part 4 subparts 2 and 3 sections 118 and 119 Amendments to Major Events Management Act 2007
272: Amendments to Major Events Management Act 2007
1: This section amends the Major Events Management Act 2007
2: Section 67(1) High Court Judge, District Court Judge, Community Magistrate, Justice of the Peace, or Registrar of a District Court may issue a search warrant for any place, vehicle, or thing if satisfied, on application in writing made on oath issuing officer (within the meaning of section 3 subpart 3 of Part 4
3: Section 67
1A: Despite subsection (1), in addition to satisfying any applicable requirement in subpart 3 of Part 4
a: an application under subsection (1) must include details of any thing that is to be searched for and covered; and
b: a search warrant issued under subsection (1) must state whether it authorises any thing to be covered and, if so, contain, in reasonable detail, a description of the thing to be covered; and
c: a person who executes a warrant and covers any thing must leave in a prominent position or at the place searched or give to the owner or occupier a written notice stating a list of the particulars of the covered thing, and that it may be uncovered in accordance with sections 77 and 78.
4: Section 67
2: Subject to section 68 and subsection (3), the provisions of Part 4
3: Despite subsection (2), sections 118 and 119
5: Section 68
1: Without limiting the powers conferred by any warrant issued under section 67(1), and subject to any conditions specified by the issuing officer, every warrant issued under that section authorises a person authorised to execute it to search for and cover any thing that the warrant authorises to be covered.
1A: In applying the provisions of Part 4
6: Section 68(2) in subsection (1) conferred by a warrant
7: Section 68(3) and (4)
8: Sections 69 to 76 OIC SR 2012/229 2012-10-01 Major Events Management Act 2007 Amendments to Marine Mammals Protection Act 1978
273: Amendments to Marine Mammals Protection Act 1978
Sections 274 275 Marine Mammals Protection Act 1978 OIC SR 2012/229 2012-10-01 Marine Mammals Protection Act 1978
274: Powers of search
1: Section 13
2: The provisions of Part 4 subpart 3
2: Section 13
5A: The provisions of subparts 1, 5, 6, 7, 9, and 10 Part 4
275: New section 14 substituted
Section 14
14: Officer may obtain warrant
1: An issuing officer (within the meaning of section 3 subpart 3 of Part 4
a: any breach of this Act or any regulation made under it has been, is being, or will be committed; or
b: preparation has been made to commit a breach of this kind.
2: The provisions of Part 4 Amendments to Marine Reserves Act 1971
276: Amendments to Marine Reserves Act 1971
1: This section amends the Marine Reserves Act 1971
2: Section 18
3: The provisions of Part 4 subpart 3
3: Section 18A
3: Subject to subsection (2), the provisions of Part 4 subpart 3
4: Sections 18B to 18F OIC SR 2012/229 2012-10-01 Marine Reserves Act 1971 Amendments to Maritime Security Act 2004
277: Amendments to Maritime Security Act 2004
1: This section amends the Maritime Security Act 2004
2: Section 51(4) A judicial officer who, on written application made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
3: Section 51
6A: Subject to subsections (5), (6), and (6B), the provisions of Part 4
6B: Despite subsection (6A), sections 118 and 119
4: Section 51
5: Section 55(1)
b: the constable has reasonable grounds to suspect that—
i: an offence against this Act has been, is being, or will be committed, whether by that person or any other person; and
ii: a search of the person refusing to consent will disclose evidential material relating to that offence. OIC SR 2012/229 2012-10-01 Maritime Security Act 2004 Amendments to Maritime Transport Act 1994
278: Amendments to Maritime Transport Act 1994
Sections 279 280 Maritime Transport Act 1994 OIC SR 2012/229 2012-10-01 Maritime Transport Act 1994
279: Amendments to Part 30 of Maritime Transport Act 1994
1: Section 453(5) or subsection (2)
2: Section 456
3: Section 457(1) or section 455
4: Section 457(2)
280: New sections 454 and 455 substituted
Sections 454 455
454: Warrant to inspect dwellinghouse, marae, etc
1: An issuing officer (within the meaning of section 3 subpart 3 of Part 4
2: The provisions of Part 4 subpart 2
3: Despite subsection (2), sections 118 and 119
4: In this section and section 455 authorised person
455: Entry in respect of offences
1: Subject to subsection (2), an issuing officer (within the meaning of section 3 subpart 3 of Part 4
a: in respect of which an offence against this Act has been or may have been committed; or
b: that is or may be evidence of the commission of an offence against this Act; or
c: that is intended to be used for the commission of an offence against this Act.
2: The provisions of Part 4
3: Despite subsection (2), sections 118 and 119 Amendments to Meat Board Act 2004
281: Amendments to Meat Board Act 2004
Sections 282 283 Meat Board Act 2004 OIC SR 2012/229 2012-10-01 Meat Board Act 2004
282: Amendments to Part 3 of Meat Board Act 2004
1: Section 42
4A: The provisions of Part 4 subparts 2 and 3 sections 118 and 119 subpart 8
2: Section 42(5)
a: omitting A District Court Judge or a Court Registrar (not being a member of the police), who on an application in writing made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
b: omitting in form 1 in Schedule 3
3: Section 42
7: The provisions of Part 4
8: Despite subsection (7), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.
283: Amendments to Part 4 of Meat Board Act 2004
1: Section 62(1)
a: omitting A District Court Judge or a Court Registrar (not being a member of the Police) who, on an application in writing made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
b: omitting in form 2 in Schedule 3
2: Section 62(2)
a: omitting A District Court Judge or a Court Registrar (not being a member of the Police) who, on an application in writing made an oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
b: omitting in form 3 in Schedule 3
3: Section 62
3: The provisions of Part 4
4: Despite subsection (3), sections 118 and 119
4: Sections 63 64
5: Schedule 3 Amendments to Motor Vehicle Sales Act 2003
284: Amendments to Motor Vehicle Sales Act 2003
1: This section amends the Motor Vehicle Sales Act 2003
2: Section 130(1) District Court Judge, Community Magistrate, Justice of the Peace, or Registrar of a District Court may issue a search warrant for any place if satisfied, on application in writing made on oath, issuing officer (within the meaning of section 3 subpart 3 of Part 4
3: Section 130
2: The provisions of Part 4
3: Despite subsection (2), sections 118 and 119
4: Sections 131 to 140 OIC SR 2012/229 2012-10-01 Motor Vehicle Sales Act 2003 Amendments to National Parks Act 1980
285: Amendments to National Parks Act 1980
1: This section amends the National Parks Act 1980
2: Section 61(2)
3: Section 61(3)
a: omitting If If, in any case to which paragraph (a) or (b) applies,
b: omitting if in proceedings in proceedings
c: omitting then, then, despite subpart 6 of Part 4
d: repealing paragraph (c).
4: Section 61(6) , and shall be retained by the Director-General and dealt with under subsection (7) or subsection (8) of this section
5: Section 61
7: Subject to subsection (3), the provisions of Part 4 subpart 3
6: Section 65
2: The provisions of Part 4 subpart 3 sections 118 and 119
7: Section 66
2: The provisions of Part 4 subpart 3 OIC SR 2012/229 2012-10-01 National Parks Act 1980 Amendments to Overseas Investment Act 2005
286: Amendments to Overseas Investment Act 2005
1: This section amends the Overseas Investment Act 2005
2: Section 56(2) writing and on oath to the Court the manner provided in subpart 3 of Part 4 section 3
3: Section 56(3) Court issuing officer
4: Section 56(4) Court issuing officer
5: Section 56
5: The provisions of Part 4 sections 118 and 119
6: Sections 57 to 60 OIC SR 2012/229 2012-10-01 Overseas Investment Act 2005 Amendments to Ozone Layer Protection Act 1996
287: Amendments to Ozone Layer Protection Act 1996
Sections 288 to 290 Ozone Layer Protection Act 1996 OIC SR 2012/229 2012-10-01 Ozone Layer Protection Act 1996
288: Search warrants
1: Section 23(1) District Court Judge or Justice or Community Magistrate or any Registrar (not being a constable) who is satisfied, on application in writing made on oath issuing officer (within the meaning of section 3 subpart 3 of Part 4
2: Section 23
3: The provisions of Part 4 sections 118 and 119
289: New section 25 substituted
Section 25
25: Retention of property seized
If any constable or officer seizes any substance or goods under this Act, subparts 1, 6, 7, 9, and 10 Part 4
290: Return or forfeiture of property seized
1: The heading to section 26 Return or forfeiture Forfeiture
2: Section 26(1) and (2) Amendment to Petroleum Demand Restraint Act 1981
291: Amendment to Petroleum Demand Restraint Act 1981
1: This section amends the Petroleum Demand Restraint Act 1981
2: Section 17
4: Petroleum demand restraint regulations may provide for the following matters in respect of suspected offences against this Act or against any petroleum demand restraint regulations, regardless of whether any such suspected offences ( relevant offences
a: authorising persons, designated by the Minister in writing for the purpose ( designated persons
b: providing for the application of provisions of the Search and Surveillance Act 2012 to the powers conferred under paragraph (a) and, in particular and without limitation,—
i: deeming all designated persons, or any designated persons of a specified class, to be enforcement officers for the purposes of that Act:
ii: authorising all designated persons, or any designated persons of a specified class, to apply for a warrant under section 6 OIC SR 2012/229 2012-10-01 Petroleum Demand Restraint Act 1981 Amendments to Pork Industry Board Act 1997
292: Amendments to Pork Industry Board Act 1997
1: This section amends the Pork Industry Board Act 1997
2: Section 44
2A: The provisions of Part 4 subpart 2, sections 118 and 119, and subpart 8
3: Section 45(1) A District Court Judge or a court Registrar (not being a constable), who on an application in writing made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
4: Section 45(2) A District Court Judge or a court Registrar (not being a constable), who on an application in writing made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
5: Section 45
3: The provisions of Part 4 sections 118 and 119
6: Sections 46 47 Schedule 3 OIC SR 2012/229 2012-10-01 Pork Industry Board Act 1997 Amendments to Prostitution Reform Act 2003
293: Amendments to Prostitution Reform Act 2003
1: This section amends the Prostitution Reform Act 2003
2: Section 30(1) A District Court Judge, Justice, Community Magistrate, or Registrar of a District Court (who is not a member of the police) An issuing officer (within the meaning of section 3
3: Section 30
2: The provisions of Part 4
4: Sections 31 to 33 OIC SR 2012/229 2012-10-01 Prostitution Reform Act 2003 Amendments to Radiation Protection Act 1965
294: Amendments to Radiation Protection Act 1965
1: This section amends the Radiation Protection Act 1965
2: Section 24(2)
a: omitting If a Justice of the Peace or Community Magistrate is satisfied on oath If an issuing officer (within the meaning of section 3 subpart 3 of Part 4
b: omitting Justice or Community Magistrate issuing officer
c: omitting , if necessary by force
3: Section 24
3: The provisions of Part 4
4: Despite subsection (3), sections 118 and 119 OIC SR 2012/229 2012-10-01 Radiation Protection Act 1965 Amendments to Radiocommunications Act 1989
295: Amendments to Radiocommunications Act 1989
1: This section amends the Radiocommunications Act 1989
2: Section 120(3)
a: omitting District Court Judge, Justice, or Community Magistrate, or any Court Registrar (not being a constable), is satisfied, on application in writing made on oath issuing officer (within the meaning of section 3 subpart 3 of Part 4
b: omitting that District Court Judge, Justice, Community Magistrate, or Court Registrar that issuing officer
3: Section 120
4: The provisions of Part 4 sections 118 and 119
4: Sections 121 to 127 OIC SR 2012/229 2012-10-01 Radiocommunications Act 1989 Amendments to Reserve Bank of New Zealand Act 1989
296: Amendments to Reserve Bank of New Zealand Act 1989
Sections 297 298 Reserve Bank of New Zealand Act 1989 OIC SR 2012/229 2012-10-01 Reserve Bank of New Zealand Act 1989
297: Amendments to Parts 4 and 5 of Reserve Bank of New Zealand Act 1989
1: Section 66I A Judge of the High Court may issue a warrant to a person appointed under section 66E(2) if the Judge is satisfied, on application in writing made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
2: Section 66I
2: The provisions of Part 4 sections 118 and 119
3: Section 66J
4: Section 106(1) A Judge of the High Court who is satisfied, on application in writing made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
5: Section 106(2) A Judge of the High Court who is satisfied, on application in writing made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
6: Section 106
3: Part 4 sections 118 and 119
298: Further amendments to Reserve Bank of New Zealand Act 1989
1: Section 157ZM(1) A Judge of the High Court or a District Court Judge may issue a search warrant in terms of clause 5 of Schedule 4 to a person appointed under section 157ZJ(2)(b) if the Judge An issuing officer (within the meaning of section 3
2: Section 157ZM
2: The provisions of Part 4 sections 118 and 119
3: Section 157ZN(1)(b) ; and
4: Section 157ZN(1)(c)
5: Section 157ZN(3)(b)
6: Section 157ZN(3)(c) or a search warrant issued under section 157ZM
7: Schedule 4 Amendments to Reserves Act 1977
299: Amendments to Reserves Act 1977
1: This section amends the Reserves Act 1977
2: Section 93
5: In this section, officer
a: any ranger or constable; and
b: any officer or employee of an administering body who is authorised by that body to exercise the powers of an officer under this Part.
3: Section 95(1) , and shall be retained by the administering body, or by the Commissioner if there is no administering body, pending the trial of that person for the offence in respect of which it was seized
4: Section 95(2)
a: omitting then then, despite subpart 6 of Part 4
b: repealing paragraph (c).
5: Section 95
6: Any firearm, trap, net, or other like object found illegally in the possession of any person in any reserve, and any tool or instrument or other equipment found in the possession of any person in any reserve and used in committing an offence in the reserve may be seized by any officer (within the meaning of section 93(5)
6A: Subject to subsection (2), the provisions of Part 4 subpart 3
6: Section 100
2: The provisions of Part 4 subpart 3 OIC SR 2012/229 2012-10-01 Reserves Act 1977 Amendments to Resource Management Act 1991
300: Amendments to Resource Management Act 1991
1: This section amends the Resource Management Act 1991
2: Section 334(1)
a: omitting Any District Court Judge or any duly authorised Justice or any Community Magistrate or Registrar who, on an application in writing made on oath, An issuing officer (within the meaning of section 3 subpart 3 of Part 4
b: omitting on one occasion within 14 days of the date of issue of the warrant and at any time which is reasonable in the circumstances
3: Section 334
2: The provisions of Part 4
3: Despite subsection (2), sections 118 and 119
4: The heading to section 335 Content and effect Direction and execution
5: Section 335
6: Sections 336 337 OIC SR 2012/229 2012-10-01 Resource Management Act 1991 Amendments to Sale of Liquor Act 1989
301: Amendments to Sale of Liquor Act 1989
1: This section amends the Sale of Liquor Act 1989
2: Section 177(1)
a: omitting any District Court Judge, Justice, or Community Magistrate, or any Registrar (not being a constable), is satisfied, on application in writing made on oath an issuing officer (within the meaning of section 3 subpart 3 of Part 4
b: omitting Judge, Justice, Community Magistrate, or Registrar issuing officer
3: Section 177
2: The provisions of Part 4 OIC SR 2012/229 2012-10-01 Sale of Liquor Act 1989 Amendments to Tax Administration Act 1994
302: Amendments to Tax Administration Act 1994
1: This section amends the Tax Administration Act 1994
2: Section 3(1) judicial officer issuing officer
3: Section 16(2) The occupier of land Despite section 103(3)(b)(ii)
4: Section 16(4) A judicial officer who, on written application made on oath An issuing officer who, on application made in the manner provided for an application for a search warrant in subpart 3 of Part 4
5: Section 16(5)
c: is valid for a period not exceeding 14 days from the date of its issue or a period not exceeding 30 days from the date of its issue if the issuing officer is satisfied that a period of longer than 14 days is necessary for execution; and
6: Section 16
6A: The provisions of subparts 1, 3, 4, 7, 9, and 10 of Part 4 sections 118, 119, and 130(4)
7: Section 16(7) judicial officer issuing officer section 3
8: Section 16C(2)
a: omitting A judicial officer An issuing officer
b: omitting on written application made on oath, the judicial officer on application made in the manner provided for an application for a search warrant in subpart 3 of Part 4
9: Section 16C
8: The provisions of subparts 1, 3, 4, 7, 9, and 10 of Part 4 sections 118, 119, and 130(4)
9: In this section, issuing officer section 3
10: Section 20(1) Subject to subsections (2) and (3) Despite anything in the Search and Surveillance Act 2012, but subject to subsections (2) and (3)
11: Section 20B(1) A person Despite anything in the Search and Surveillance Act 2012, a person SR 2013/302 2013-09-01 Tax Administration Act 1994 If brought into force earlier by OIC, add the SR details to it. Amendments to Trade in Endangered Species Act 1989
303: Amendments to Trade in Endangered Species Act 1989
1: This section amends the Trade in Endangered Species Act 1989
2: Section 37(3) and (4)
3: Section 37
8: The provisions of Part 4 subpart 3
4: Section 38(2)
a: omitting District Court Judge or Justice of the Peace or Community Magistrate or Registrar of any Court (not being a member of the Police), who, on application by an officer in writing made on oath issuing officer (within the meaning of section 3 subpart 3 of Part 4
b: omitting ; and the provisions of subsections (3) to (8) of section 198 of the Summary Proceedings Act 1957 shall apply accordingly
5: Section 38
4: The provisions of Part 4
6: Section 38A 149C(1) and (2), 149D 149C(1) to (3) OIC SR 2012/229 2012-10-01 Trade in Endangered Species Act 1989 Amendments to Unsolicited Electronic Messages Act 2007
304: Amendments to Unsolicited Electronic Messages Act 2007
1: This section amends the Unsolicited Electronic Messages Act 2007
2: Section 51(1) in the manner provided in subpart 3 of Part 4 may apply
3: Section 51(2)
4: Section 51(3) in writing and on oath to the District Court to an issuing officer (within the meaning of section 3
5: Section 51(4) District Court issuing officer
6: Section 51
5: The provisions of Part 4
6: Despite subsection (5), sections 118 and 119
7: Sections 52 to 56 58(j) OIC SR 2012/229 2012-10-01 Unsolicited Electronic Messages Act 2007 Amendments to Waste Minimisation Act 2008
305: Amendments to Waste Minimisation Act 2008
Sections 306 307 Waste Minimisation Act 2008 OIC SR 2012/229 2012-10-01 Waste Minimisation Act 2008
306: Amendments to Waste Minimisation Act 2008
1: Section 65(3)(b) an enforcement officer acting under section 78 or
2: Sections 77 78
3: Section 79
2A: The provisions of Part 4 subpart 3 and sections 118 and 119
4: Section 80
2: An issuing officer (within the meaning of section 3 subpart 3 of Part 4
5: Section 80(3) judicial officer issuing officer
6: Section 80(3)(a)(ii) ; and
7: Section 80(3)(b)
8: Section 80
3A: The provisions of Part 4 sections 118 and 119
307: Other amendments to Waste Minimisation Act 2008
1: Section 82(1) A judicial officer An issuing officer (within the meaning of section 3
2: Section 82(2)(a) in writing and on oath in the manner provided for an application for a search warrant in subpart 3 of Part 4
3: Section 82(2)(b) judicial officer issuing officer
4: Section 82
3: The provisions of Part 4 sections 118 and 119
4: An enforcement officer executing a warrant issued under this section must be accompanied by a member of the Police.
5: Section 83
6: Section 84(1) or 82
7: The heading to section 85 under section 81 impounded
8: Section 85(1) seized or impounded under section 81 property Amendments to Wild Animal Control Act 1977
308: Amendments to Wild Animal Control Act 1977
1: This section amends the Wild Animal Control Act 1977
2: Section 12(10)
a: omitting , on production of his warrant of appointment if so required,
b: omitting from the proviso under the hand of a District Court Judge in the manner provided in subpart 3 of Part 4 section 3
3: Section 12(11)
a: omitting District Court Judge or Justice of the Peace or Community Magistrate who is satisfied on oath that there is probable cause to suspect issuing officer (within the meaning of section 3
b: omitting at such time or times of the day as are mentioned in the warrant, but no such warrant shall continue in force for more than 14 days from the date thereof
4: Section 12
13: The provisions of Part 4 sections 118 and 119
5: Section 13(1) , on production of his warrant of appointment if so required,
6: Section 13
5A: The provisions of Part 4 subparts 2 and 3 sections 118 and 119
7: Section 13(6)
a: omitting , on production of his warrant of appointment if so required,
b: omitting under the hand of a District Court Judge or Justice of the Peace or Community Magistrate issued by an issuing officer (within the meaning of section 3
8: Section 13(7)
a: omitting District Court Judge or Justice of the Peace or Community Magistrate who is satisfied on oath that there is probable cause to suspect issuing officer (within the meaning of section 3
b: omitting at such time or times of the day as are mentioned in the warrant, but no such warrant shall continue in force for more than 14 days from the date thereof
9: Section 13
10: The provisions of Part 4 sections 118 and 119
10: The proviso to section 14(2) under the hand of a District Court Judge or Justice of the Peace or Community Magistrate issued by an issuing officer (within the meaning of section 3
11: Section 14
3: The provisions of Part 4 sections 118 and 119 OIC SR 2012/229 2012-10-01 Wild Animal Control Act 1977 Amendments to Wildlife Act 1953
309: Amendments to Wildlife Act 1953
1: This section amends the Wildlife Act 1953
2: The proviso to section 39(1)(f)
a: omitting Justice or Community Magistrate who is satisfied on oath that there is probable cause to suspect issuing officer (within the meaning of section 3
b: omitting at such time or times in the day or night as are mentioned in the warrant, but no such warrant shall continue in force for more than 14 days from the date thereof
3: Section 39
3: The provisions of Part 4 sections 118 and 119
4: Section 56A 149C(1) and (2), 149D 149C(1) to (3) OIC SR 2012/229 2012-10-01 Wildlife Act 1953 Amendments to Wine Act 2003
310: Amendments to Wine Act 2003
1: This section amends the Wine Act 2003
2: Section 62(1) at any reasonable time
3: Section 62(2) , at any time that is reasonable in the circumstances
4: Section 62
3: The provisions of subparts 1, 4, 7, 9, and 10 of Part 4 sections 118 and 119
5: Section 63
2A: The provisions of Part 4 subparts 2, 3, and 8, and sections 118 and 119
6: Section 63(3) this section any of paragraphs (c) to (f) of subsection (1)
7: Section 65(1)
a: omitting Any District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue a search warrant, in the form set out in Schedule 1 An issuing officer (within the meaning of section 3
b: omitting on application in writing made on oath on an application by a constable or a wine officer made in the manner provided in subpart 3 of Part 4
8: Section 65
2: Subject to section 66, the provisions of Part 4 sections 118 and 119
9: Section 66
1: Without limiting the powers conferred by any search warrant issued under section 65(1), every warrant issued under that section authorises the constable or wine officer who is executing it, and any person called on by that constable or officer to assist, to exercise—
a: all the powers of a wine officer under sections 63 and 64; or
b: only such of those powers as are specified in the warrant.
10: Section 66
11: Section 67
12: Section 68
a: omitting Section 199 of the Summary Proceedings Act 1957 applies to any property seized by a constable under a search warrant and, with any necessary modifications, to Subparts 1, 5, 6, 7, 9, and 10 Part 4
b: repealing paragraphs (a) to (c).
13: Schedule 1 OIC SR 2012/229 2012-10-01 Wine Act 2003
2: Amendments to search and seizure powers in other enactments (and to related provisions) used for regulatory purposes
Amendments to Anti-Personnel Mines Prohibition Act 1998
311: Amendments to Anti-Personnel Mines Prohibition Act 1998
1: This section amends the Anti-Personnel Mines Prohibition Act 1998
2: Section 22(1) A District Court Judge, Justice, Community Magistrate, or Registrar (not being a member of the police), who, on an application, An issuing officer (within the meaning of section 3 subpart 3 of Part 4
3: Section 22(2)
4: Section 22
4: The provisions of subparts 1, 3, 4, 7, 9, and 10 of Part 4 OIC SR 2012/229 2012-10-01 Anti-Personnel Mines Prohibition Act 1998 Amendments to Chemical Weapons (Prohibition) Act 1996
312: Amendments to Chemical Weapons (Prohibition) Act 1996
1: This section amends the Chemical Weapons (Prohibition) Act 1996
2: Section 23(2)
a: omitting a District Court Judge, duly authorised Justice, a Community Magistrate, or a Registrar (not being a member of the Police) an issuing officer (within the meaning of section 3
b: omitting , unconditionally or subject to conditions, a warrant authorising the entry of the place, at any time within 14 days of the issue of the warrant (or within such further time as may be specified in the warrant) a warrant authorising the entry of the place
3: Section 23
4: Subject to subsection (3), the provisions of subparts 3 and 4 of Part 4
4: Sections 24 25 OIC SR 2012/229 2012-10-01 Chemical Weapons (Prohibition) Act 1996 Amendments to Commerce Act 1986
313: Amendments to Commerce Act 1986
1: This section amends the Commerce Act 1986
2: Section 98A(2) A District Court Judge, Justice, or Community Magistrate, or a Court Registrar (not being a constable) who is satisfied on application made on oath An issuing officer (within the meaning of section 3 subpart 3 of Part 4
3: Section 98A
3: The provisions of Part 4 sections 118 and 119
4: Section 98A(4) of this Act
5: Sections 98B to 98F
6: Section 98G to 98F and 98A OIC SR 2012/229 2012-10-01 Commerce Act 1986 Amendment to Credit Contracts and Consumer Finance Act 2003
314: Amendment to Credit Contracts and Consumer Finance Act 2003
1: This section amends the Credit Contracts and Consumer Finance Act 2003
2: Section 113(d) 98A to 98G 98A and 98G OIC SR 2012/229 2012-10-01 Credit Contracts and Consumer Finance Act 2003 Amendments to Electricity Act 1992
315: Amendments to Electricity Act 1992
1: This section amends the Electricity Act 1992
2: Section 159(1)
e: entry into a dwellinghouse must be authorised by a warrant issued by an issuing officer (within the meaning of section 3 subpart 3 of Part 4
3: Section 159
5: Subparts 1, 3, 5, 7, 9, and 10 Part 4 OIC SR 2012/229 2012-10-01 Electricity Act 1992 Amendments to Fair Trading Act 1986
316: Amendments to Fair Trading Act 1986
1: This section amends the Fair Trading Act 1986
2: Section 47(2)
a: omitting A District Court Judge, Justice, Community Magistrate, or Court Registrar (not being a constable) An issuing officer (within the meaning of section 3
b: omitting on oath in the manner provided for an application for a search warrant in subpart 3 of Part 4
3: Section 47
3: Part 4 sections 118 and 119
4: Sections 47A to 47E OIC SR 2012/229 2012-10-01 Fair Trading Act 1986 Amendments to Forests Act 1949
317: Amendments to Forests Act 1949
1: This section amends the Forests Act 1949
2: Section 67D(1)(e) in accordance with section 67S and the provisions of subparts 1, 6, 7, 9, and 10 of Part 4 under section 67S
3: Section 67R
2: The provisions of Part 4 subparts 2 and 3, sections 118 and 119, and subparts 5 and 8
4: Section 67S
5: Section 71B(1) subject to the following conditions subject to Part 4
6: Section 71B(1)(b) to (d) and (f)
7: Section 71B(1)(e) on oath by an authorised person to a District Court Judge, Justice of the Peace, Community Magistrate, or Registrar or Deputy Registrar of any Court in the manner provided for an application for a search warrant in Part 4
8: Section 71B(2) and the conditions set out in Part 4 that subsection,
9: Section 71B
3: The provisions of Part 4
4: Despite subsection (3), sections 118 and 119 OIC SR 2012/229 2012-10-01 Forests Act 1949 Amendments to Gas Act 1992
318: Amendments to Gas Act 1992
1: This section amends the Gas Act 1992
2: Section 43W(6) by written application on oath by application made in the manner provided in subpart 3 of Part 4
3: Section 43W(7) A District Court Judge, Justice, or Community Magistrate, or a Court Registrar (not being a constable) An issuing officer (within the meaning of section 3
4: Section 43W
8: The provisions of subparts 1, 3, 7, 9, and 10 Part 4
5: Section 50(1)
e: entry into a dwellinghouse must be authorised by a warrant issued by an issuing officer (within the meaning of section 3 subpart 3 of Part 4
6: Section 50
1A: Subparts 1, 3, 7, 9, and 10 Part 4 OIC SR 2012/229 2012-10-01 Gas Act 1992 Amendments to International Energy Agreement Act 1976
319: Amendments to International Energy Agreement Act 1976
Sections 320 321 International Energy Agreement Act 1976 OIC SR 2012/229 2012-10-01 International Energy Agreement Act 1976
320: Power of entry
Section 9(3) Without limiting or restricting the application of sections 198 and 199 of the Summary Proceedings Act 1957,
321: New section 11 substituted
Section 11
11: Search warrants
1: If an offence created by or under this Act has been committed or is suspected of having been committed (notwithstanding that the offence is not punishable by imprisonment), any person authorised in writing by the chief executive may exercise the powers of a constable to apply for a warrant under section 6
2: Subparts 1, 3, 6, 7, 9, and 10 of Part 4
3: For the purposes of this section, chief executive Amendments to Weights and Measures Act 1987
322: Amendments to Weights and Measures Act 1987
1: This section amends the Weights and Measures Act 1987
2: Section 28(3)
a: by omitting Any District Court Judge, Justice, or Community Magistrate, or any Registrar (not being a constable), who, on an application in writing made on oath, An issuing officer (within the meaning of section 3 subpart 3 of Part 4
b: by omitting in the prescribed form
3: Section 28
7: The provisions of subparts 1, 3, 7, 9, and 10 of Part 4 OIC SR 2012/229 2012-10-01 Weights and Measures Act 1987
3: Other repeals and amendments
Amendments to Arms Act 1983
323: Arms Act 1983 amended
1: This section amends the Arms Act 1983
2: The heading above section 60 and sections 60 to 61 OIC SR 2012/229 2012-10-01 Arms Act 1983 Amendments to Corrections Act 2004
324: Corrections Act 2004 amended
1: This section amends the Corrections Act 2004
2: Section 23(1) 314A to 314D of the Crimes Act 1961 121, 128, 129, and 177
3: Section 23(3)
a: section 18 of the Misuse of Drugs Act 1975 (which confers powers of search and seizure):
4: Section 23(3)
d: section 23
e: sections 48 and 49
5: Section 103(2)
a: omitting or section 18A
b: adding or section 23 OIC SR 2012/229 2012-10-01 Corrections Act 2004 Amendments to Crimes Act 1961
325: Crimes Act 1961 amended
1: This section amends the Crimes Act 1961
2: Section 1(3) Part 11A—Obtaining evidence by listening devices (sections 312A to 312Q)
3: Section 2(1) serious violent offence
a: that is punishable by a period of imprisonment for a term of 7 years or more; and
b: where the conduct constituting the offence involves—
i: loss of a person's life or serious risk of loss of a person's life; or
ii: serious injury to a person or serious risk of serious injury to a person; or
iii: serious damage to property in circumstances endangering the physical safety of any person; or
iv: perverting the course of justice, where the purpose of the conduct is to prevent, seriously hinder, or seriously obstruct the detection, investigation, or prosecution of any offence—
A: that is punishable by a period of imprisonment for a term of 7 years or more; and
B: that involved, involves, or would involve conduct of the kind referred to in any of subparagraphs (i) to (iii)
4: Section 78D
5: Section 98A(2) (within the meaning of section 312A(1))
6: Sections 202B 224 225 sections 314A to 314D sections 317 to 317B
7: Section 216F
1: An unlawful disclosure
8: Section 216F(2) subsection (1)(b)(i) subsection (1)
9: Part 11A
10: Section 216B(2)(b)
i: the Search and Surveillance Act 2012; or
11: Section 216B(2)(b)
12: Section 216B(3)
13: Section 216B(7) an interception warrant a surveillance device warrant issued under the Search and Surveillance Act 2012 2012-04-18 Crimes Act 1961 Sections 325(1) to (3), (5), and (7) to (13) 2012-10-01 Crimes Act 1961 Sections 325(4) and (6) Amendments to Crimes Amendment Act (No 4) 2011
326: Amendments to Crimes Amendment Act (No 4) 2011
1: This section amends the Crimes Amendment Act (No 4) 2011
2: The items relating to sections 312I(2), 312K(2), 314D(1), 317AB(1), and 317B(7) of the principal Act in the Schedule OIC SR 2012/229 2012-10-01 Crimes Amendment Act (No 4) 2011 Amendments to Criminal Procedure Act 2011
327: Amendments to Criminal Procedure Act 2011
1: This section amends the Criminal Procedure Act 2011
2: The following items in Schedule 3
a: the item relating to section 137(2) of the Animal Welfare Act 1999; and
b: the item relating to section 61(1) of the Arms Act 1983; and
c: the item relating to section 46(4) of the Conservation Act 1987; and
d: the items relating to sections 16(1)(a), 16(1)(b), 20, and 21(a) of the Driftnet Prohibition Act 1991; and
e: the item relating to section 118(5)(a) of the Films, Videos, and Publications Classification Act 1993; and
f: the item relating to section 51(5)(a) of the Financial Transactions Reporting Act 1996; and
g: the items relating to sections 207(4), 208(1), 209(a), 209(b), and 210(1)(a), and 210(2) of the Fisheries Act 1996; and
h: the items relating to sections 67S(3), 67S(4), 67S(6), and 67S(7) of the Forests Act 1949; and
i: the items relating to Schedule 2 of the Insurance (Prudential Supervision) Act 2010; and
j: the items relating to sections 18A(3), 18B(1), 18C(a), 18C(b), 18D(1)(a), and 18D(2) of the Marine Reserves Act 1971; and
k: the item relating to section 18A(4) of the Misuse of Drugs Act 1975; and
l: the items relating to sections 21(2) and 23(2) of the Misuse of Drugs Amendment Act 1978; and
m: the item relating to section 140(1)(a) of the Motor Vehicle Sales Act 2003; and
n: the items relating to the Telecommunications (Residual Provisions) Act 1987; and
o: the item relating to section 54(6) of the Unsolicited Electronic Messages Act 2007. OIC SR 2012/229 2012-10-01 Criminal Procedure Act 2011 Amendment to District Courts Act 1947
328: District Courts Act 1947 amended
Section 329 District Courts Act 1947 OIC SR 2012/229 2012-10-01 District Courts Act 1947
329: New section 17A substituted
Section 17A
17A: Sections 121, 128, and 129 of Search and Surveillance Act 2012 inapplicable to bailiffs
Sections 121, 128, and 129 Amendment to Health Act 1956
330: Health Act 1956 amended
1: This section amends the Health Act 1956
2: Section 71A
5: Sections 128, 129, and 177 OIC SR 2012/229 2012-10-01 Health Act 1956 Amendments to Misuse of Drugs Act 1975
331: Misuse of Drugs Act 1975 amended
Sections 332 333 Misuse of Drugs Act 1975 OIC SR 2012/229 2012-10-01 Misuse of Drugs Act 1975
332: New section 18 substituted
Sections 18 18A
18: Seizing and destroying prohibited plants and seeds
1: The following persons may take any or all of the actions described in subsection (2):
a: a constable:
b: a Customs officer:
c: an officer of the Ministry of Health:
d: a Medical Officer of Health:
e: an assistant thought to be necessary by any of the persons in paragraphs (a) to (d).
2: The actions are to seize and destroy any of the following:
a: a prohibited plant that is not being cultivated in accordance with—
i: the conditions of a licence granted under this Act; or
ii: regulations made under this Act:
b: the seed of a prohibited plant that is not in the possession of a person—
i: authorised under this Act to cultivate the plant; or
ii: permitted by regulations made under this Act to have the seed in his or her possession.
333: Application of Customs and Excise Act 1996
Section 36(1) 149C(1) and (2), 149D, 151, 152, 161, 165 to 172 149C(1) to (3), 151, 152, 161, 166A to 167 Amendments to Misuse of Drugs Amendment Act 1978
334: Misuse of Drugs Amendment Act 1978 amended
1: This section amends the Misuse of Drugs Amendment Act 1978
2: Section 12(1)(b) package or goods package, goods, or mail
3: Section 12
ba: allow the package, goods, or mail to be delivered by a person who has agreed to co-operate with Customs; or
bb: deliver the package, goods, or mail; or
4: Section 12(1)(c) goods or mail package, goods, or mail
5: Section 12(2) goods or mail package, goods, or mail
6: Sections 12A to 12C
7: Sections 14 to 29 2012-04-18 Misuse of Drugs Amendment Act 1978 OIC SR 2012/229 2012-10-01 Misuse of Drugs Amendment Act 1978 Affects sections 334(2) to (6) only Amendment to Mutual Assistance in Criminal Matters Act 1992
335: Mutual Assistance in Criminal Matters Act 1992 amended
1: This section amends the Mutual Assistance in Criminal Matters Act 1992
2: Section 43(2) in writing, to apply to a District Court Judge for a search warrant in accordance with section 44 to apply to an issuing officer (within the meaning of section 3
3: Section 44(1) Any District Court Judge who, on an application in writing made an oath An issuing officer who, on an application made in the manner provided in subpart 3 of Part 4
4: Section 44
3: The provisions of Part 4 subpart 6
5: Sections 45 to 48
6: Section 46A 314B to 314D of the Crimes Act 1961 apply with any necessary modifications as if references in those sections to a statutory search power are 121, 128, 129, and 177 OIC SR 2012/229 2012-10-01 Mutual Assistance in Criminal Matters Act 1992 Amendments to Policing Act 2008
336: Policing Act 2008 amended
1: This section amends the Policing Act 2008
2: Sections 37 to 39
3: Clause 1(a) of Schedule 1 36, and 37 and 36
4: Clause 1 of Schedule 1
ab: the powers of a constable under section 11
5: Clause 4(e) of Schedule 1 32, 33, and 37 32 and 33
6: Clause 4 of Schedule 1
ea: the powers of a constable under section 11
7: Clause 5 of Schedule 1 314B of the Crimes Act 1961 121 OIC SR 2012/229 2012-10-01 Policing Act 2008 Amendments to Summary Proceedings Act 1957
337: Summary Proceedings Act 1957 amended
1: This section amends the Summary Proceedings Act 1957
2: Section 3(1)(h)
3: The heading above section 198 and sections 198 to 200
4: The heading above section 200A and sections 200A to 200P
5: Part 2 of Schedule 1 The following table is small in size and has 3 columns. This table amends Schedule 1 of the Summary Proceedings Act 1957 and should be read with that table to provide understanding of the context. Search and Surveillance Act 2012 173 Failing to comply with examination order 174 Failing to comply with production order 2012-04-18 Summary Proceedings Act 1957 Applies to section 337(4) only OIC SR 2012/229 2012-10-01 Summary Proceedings Act 1957 Applies to sections 337(1) to (3) and (5) Amendments to Summary Proceedings Amendment Act (No 2) 2011
338: Amendments to Summary Proceedings Amendment Act (No 2) 2011
1: This section amends the Summary Proceedings Amendment Act (No 2) 2011
2: The items relating to sections 198B(6) and 199(4)(a) of the principal Act in the Schedule OIC SR 2012/229 2012-10-01 Summary Proceedings Amendment Act (No 2) 2011 Amendment to Telecommunications Act 2001
339: Telecommunications Act 2001 amended
1: This section amends the Telecommunications Act 2001
2: Section 15(g) to 98G and 98G OIC SR 2012/229 2012-10-01 Telecommunications Act 2001 Amendment to Telecommunications (Interception Capability) Act 2004
340: Telecommunications (Interception Capability) Act 2004 amended
1: This section amends the Telecommunications (Interception Capability) Act 2004
2: Section 3(1) interception warrant interception warrant
a: section 53
b: section 4A(1) or (2) of the New Zealand Security Intelligence Service Act 1969:
c: section 17 of the Government Communications Security Bureau Act 2003 OIC SR 2012/229 2012-10-01 Telecommunications (Interception Capability) Act 2004 Repeal of Telecommunications (Residual Provisions) Act 1987
341: Telecommunications (Residual Provisions) Act 1987 repealed
The Telecommunications (Residual Provisions) Act 1987 OIC SR 2012/229 2012-10-01 Telecommunications (Residual Provisions) Act 1987
4: Regulation-making powers, transitional provisions, and review provision
342: Regulations
1: The Governor-General may, by Order in Council, make regulations for any or all of the following purposes:
a: prescribing the form of an examination order, a surveillance device warrant, declaratory order, production order, search warrant, warrant authorising entry to a dwellinghouse or marae, or similar kinds of warrants:
b: prescribing procedures to be followed for the purposes of making and resolving claims of privilege under subpart 5
c: authorising a chief executive to omit from any annual report information about search or surveillance generally, or of a particular kind, or in a particular area, or in an area of a particular kind:
d: providing for any other matters contemplated by the Act, necessary for its administration, or necessary for giving it full effect.
2: Regulations made under subsection (1)(a) may do any or all of the following:
a: prescribe different forms of warrant or order for use under different enactments:
b: prescribe any form of warrant or order by listing the minimum information requirements to be included:
c: authorise a chief executive or any other specified person or class of person to authorise variations in the language, provisions, or format of any form of warrant or order in the warrant or order:
d: authorise a chief executive or any other specified class of person to include additional information in a prescribed form of warrant or order.
2A: The Governor-General may, by Order in Council, make regulations prescribing, for the purposes of the definition of cash seizure threshold amount in section 123A(1)
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 342(2A) inserted 5 April 2023 section 36 Criminal Activity Intervention Legislation Act 2023 Section 342(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Transitional provisions
343: Transitional provision in relation to reporting requirements
1: For the purposes of section 170
2: For the purposes of section 171
344: Disclosure of prior warrants in applications for surveillance device warrants made in transitional period
In the period commencing on the date of commencement of section 49(3)(a) within the previous 3 months since the commencement of this subsection
345: Disclosure of prior warrants in applications for search warrants
In the period commencing on the date of commencement of section 98(3)(a) within the previous 3 months since the commencement of this subsection
346: Transitional provision relating to Part 11A of Crimes Act 1961
1: Despite the repeal of Part 11A
a: where an application has been made under that Part before 18 April 2012, and the application is not finally determined before that date, that Part continues to apply to the application and to any matter or obligation relating to the application in all respects as if this Act (other than this section) had not been enacted; and
b: that Part (except for section 312F
c: section 312M
2: In this section, continuing warrant or permit Part 11A
a: before 18 April 2012; or
b: on or after that date on an application made before that date.
347: Transitional provision relating to sections 14 to 29 of Misuse of Drugs Amendment Act 1978
1: Despite the repeal of sections 14 to 29
a: where an application has been made under any of those sections before 18 April 2012 and the application is not finally determined before that date, those sections continue to apply to the application and to any matter or obligation relating to the application in all respects as if this Act (other than this section) had not been enacted; and
b: those sections (except for section 18
c: section 25
2: In this section, continuing warrant or permit sections 14 to 29
a: before 18 April 2012; or
b: on or after that date on an application made before that date.
348: Transitional provision in relation to sections 198 to 200 of Summary Proceedings Act 1957
2014-07-01 Search and Surveillance Act 2012 Section 348 expires. Section 348 expired 1 July 2014 section 348(3)
349: Transitional provision relating to sections 200A to 200P of Summary Proceedings Act 1957
1: Despite the repeal of sections 200A to 200P
a: where an application has been made under any of those sections before 18 April 2012, and the application is not finally determined before that date, those sections continue to apply to the application and to any matter or obligation relating to the application in all respects as if this Act (other than this section) had not been enacted; and
b: those sections (except for section 200F
c: those sections continue to apply to anything done, before 18 April 2012, under section 200G
2: In this section, continuing warrant sections 200A to 200P
a: before 18 April 2012; or
b: on or after that date on an application made before that date.
350: Transitional provision relating to covert video surveillance
1: For the purposes of assessing the lawfulness of a search (within the meaning of section 4
a: this Act (other than this section) had not been enacted; and
b: sections 5 to 7
c: for the words before the close of the day that is 6 months after the date on which this Act comes into force section 5(1) while the continuing warrant is in force
2: In this section,— continuing warrant section 198
a: before 18 April 2012; or
b: on or after that date on an application made before that date Temporary Act Video Camera Surveillance (Temporary Measures) Act 2011
351: Transitional provision relating to provisions brought into force under section 2
1: Despite any amendment in Part 5
a: where an application has been made under an authorising Act before the relevant commencement, and the application is not finally determined before that date, the provisions of that Act continue to apply to the application and to any matter or obligation relating to the application in all respects as if this Act (other than this section and any provisions in force immediately before the relevant commencement) had not been enacted; and
b: those provisions continue to apply to a continuing warrant and to any matter relating to the warrant in all respects as if this Act (other than this section and any provisions in force immediately before the relevant commencement) had not been enacted; and
c: those provisions continue to apply to any other proceeding, matter, or thing commenced and not completed before the relevant commencement as if this Act (other than this section and any provisions in force immediately before the relevant commencement) had not been enacted.
2: Subsection (1)(c) does not limit the provisions of the Interpretation Act 1999
3: In this section,— authorising Act Part 5 continuing warrant
a: before the relevant commencement; or
b: on or after that date on an application made before that date relevant commencement Part 5
352: Certain provisions deemed to be in force during transitional period
1: Until any provision of this Act specified in subsection (2) (a specified provision
a: is in force; and
b: refers to the specified provision.
2: The specified provisions are sections 14(2) 18(2) document section 79 sections 81(2)(a) to (d) 98(2) 99 to 101 105 107 Schedule
353: Certain provisions limited to matters covered in subpart 1 of Part 3 during transitional period
1: Until the date on which provisions of this Act are, for the first time, brought into force under section 2(2) or (3) specified provision subpart 1
2: The specified provisions are sections 148 162 165 166 167 168 169 170 171 172 175 179 180
354: Transitional provision relating to Criminal Procedure Act 2011
Until the commencement date (within the meaning of section 394
a: section 13(3)(b) section 377 section 404
b: section 18(3)(a)
c: section 18(3)(b)
d: section 24(4)(c) Criminal Procedure Act 2011 Summary Proceedings Act 1957
e: section 48(2)(d)(i)
f: section 107(2) section 204 section 379
g: sections 173(2) 174(2)
h: sections 175 176 177 178 179(3)
355: References to enforcement officer during transitional period
1: If the New Zealand Customs Service is approved, under an Order in Council made under section 50(1) enforcement officer section 3(1) sections 220 to 229
2: If the Department of Internal Affairs is approved, under an Order in Council made under section 50(1) enforcement officer section 3(1) sections 241 to 244 section 2
356: Regulations providing for transitional matters
1: The Governor-General may, by Order in Council, make regulations—
a: providing transitional and savings provisions concerning the coming into force of this Act, which may be in addition to or in place of the transitional and savings provisions of this Part:
b: to facilitate the bringing into force of any regulations under this Act:
c: providing that subject to such conditions as are specified in the regulations, during a specified transitional period,—
i: specified provisions of this Act (including definitions) do not apply:
ii: specified terms have the meanings given to them by the regulations:
iii: specified provisions repealed or amended by this Act are to continue to apply:
d: providing for any other matters necessary for facilitating or ensuring an orderly transition from the provisions of any enactments replaced by this Act to the provisions of this Act.
2: No regulations made under this section may be made, or continue in force, after 1 April 2017.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 356(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Review provision
357: Review of operation of Act
1: The Minister of Justice must, not later than 30 June 2016, refer to the Law Commission and the Ministry of Justice for consideration the following matters:
a: the operation of the provisions of this Act since the date of the commencement of this section:
b: whether those provisions should be retained or repealed:
c: if they should be retained, whether any amendments to this Act are necessary or desirable.
2: The Law Commission and the Ministry must report jointly on those matters to the Minister of Justice within 1 year of the date on which the reference occurs.
3: The Minister of Justice must present a copy of the report provided under this section to the House of Representatives as soon as practicable after receiving it.