Crimes Amendment Act (No 2) 1997

Crimes Amendment Act (No 2) 1997

Public Act1997 No 93
Date of assent1 December 1997

Note

This Act is administered in the Ministry of Justice and the Department for Courts


An Act to amend the Crimes Act 1961

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Crimes Amendment Act (No 2) 1997, and is part of the Crimes Act 1961 (the principal Act).

    (2) This Act (other than sections 2, 3, 5, 6, 21 to 23, and section 25) comes into force on 1 February 1998.

    (3) Sections 2, 3, 5, 6, 21 to 23, and section 25 come into force on 1 January 1998.

2 New heading and section inserted
  • This section inserted s 98A and the preceding heading of the principal Act.

3 Powers in respect of crime against section 202A
  • This section inserted s 202B(2A) and (2B) of the principal Act.

4 Prohibition on use of listening devices
5 Power of search for goods stolen or unlawfully obtained in transit
  • [Repealed]

    Sections 5 and 6 were repealed, as from 1 October 2003, by section 33(f) Crimes Amendment Act 2003 (2003 No 39).

6 Power to search vehicles for goods stolen or obtained by crimes involving dishonesty
  • [Repealed]

    Sections 5 and 6 were repealed, as from 1 October 2003, by section 33(f) Crimes Amendment Act 2003 (2003 No 39).

7 New heading and section substituted
  • This section substituted s 312A, and inserted the previous heading of the principal Act.

8 New heading inserted
  • This section inserted the heading preceding s 312B of the principal Act.

9 Application by Police for warrant to intercept private communications
  • (1) This subsection substituted s 312B(1)(a) of the principal Act.

    (2) This subsection amended s 312B(2)(a)(ii) of the principal Act.

10 Matters on which Judge must be satisfied in respect of applications
  • (1) This subsection amended s 312C(a)(ii) of the principal Act.

    (2) This subsection inserted s 312C(2) of the principal Act.

11 New heading and sections inserted
  • This section inserted s 312CA and 312CB and the preceding heading of the principal Act.

12 New heading inserted
  • This section inserted the heading preceding s 312D of the principal Act.

13 Contents and term of warrant
  • (1) This subsection amended s 312D of the principal Act.

    (2) This subsection substituted s 312D(1)(b) of the principal Act.

14 Renewal of warrants
  • This section amended s 312F of the principal Act.

15 Emergency permits
  • Section 312G of the principal Act (as so inserted) is amended—

    • (a) This paragraph amended s 312G(1) of the principal Act.

    • (b) This paragraph repealed s 312G(2) of the principal Act.

    • (c) This paragraph amended s 312G(3) of the principal Act.

    • (d) This paragraph amended s 312G(9) of the principal Act.

16 Destruction of irrelevant records made by use of listening device
  • This section substituted s 312I(1) of the principal Act.

17 Destruction of relevant records made by use of listening device
  • This section substituted s 312J(1) of the principal Act.

18 Inadmissibility of evidence of private communications unlawfully intercepted
  • This section substituted s 312M(2) of the principal Act.

19 Inadmissibility of evidence of private communications lawfully intercepted
  • (1) This subsection substituted s 312N(1) of the principal Act.

    (2) This subsection amended s 312N(2) of the principal Act.

    (3) This subsection inserted s 312N(3) and (4) of the principal Act.

20 Commissioner of Police to give information to Parliament
  • This section substituted s 312Q of the principal Act.

21 New heading and sections inserted
  • This section inserted ss 314A to 314D and the preceding heading of the principal Act.

22 New sections substituted
  • This section substituted s 317A, and inserted ss 317AA and 317AB of the principal Act.

23 Road blocks
  • (1) This section amended s 317B(4) of the principal Act.

    (2) This subsection substituted s 317B(4)(c) of the principal Act.

    (3) Section 317B of the principal Act (as so inserted) is amended by repealing subsection (6).

    (4) This subsection amended s 317B(7) of the principal Act.

    (5) This subsection inserted s 317B(7A) of the principal Act.

24 Schedule 6 repealed
  • (1) This section repealed Schedule 6 of the principal Act.

    (2) Section 5 and the Schedule of the Crimes Amendment Act (No 2) 1987 are consequentially repealed.

25 Amendments to other enactments
  • The enactments specified in the Schedule are amended in the manner indicated in that schedule.


Schedule
Amendments to other Enactments

Section 25