New Zealand Legislation: Acts

198B Person with knowledge of computer or computer network to assist access

• (1) A constable executing a search warrant may require a specified person to provide information or assistance that is reasonable and necessary to allow the constable to access data held in, or accessible from, a computer that is on premises named in the warrant.

  (2) A specified person is a person who—

  • (a) is the owner or lessee of the computer, or is in possession or control of the computer, or is an employee of any of the above; and

  • (b) has relevant knowledge of—

    • (i) the computer or a computer network of which the computer forms a part; or

    • (ii) measures applied to protect data held in, or accessible from, the computer.

  (3) A person may not be required under subsection (1) to give any information tending to incriminate the person.

  (4) Subsection (3) does not prevent a constable from requiring a person to provide information that—

  • (a) is reasonable and necessary to allow the constable to access data held in, or accessible from, a computer that—

    • (i) is on premises named in the warrant concerned; and

    • (ii) contains or may contain information tending to incriminate the person; but

  • (b) does not itself tend to incriminate the person.

  (5) Subsection (3) does not prevent a constable from requiring a person to provide assistance that is reasonable and necessary to allow the constable to access data held in, or accessible from, a computer that—

  • (a) is on premises named in the warrant concerned; and

  • (b) contains or may contain information tending to incriminate the person.

  (6) Every person commits an offence and is liable on summary conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $2,000 who fails to assist a constable when requested to do so under subsection (1).

  Section 198B was inserted, as from 31 October 2003, by section 3 Summary Proceedings Amendment Act 2003 (2003 No 110).