Reprint as at 7 May 2015

Coat of Arms of New Zealand

Search and Surveillance Act 2012

Public Act
2012 No 24
Date of assent
5 April 2012
Commencement
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Justice.

Contents

1Title
2Commencement
3Interpretation
4Act binds the Crown
5Purpose
6Issuing officer may issue search warrant
7Entry without warrant to arrest person unlawfully at large
8Entry without warrant to avoid loss of offender or evidential material
9Stopping vehicle to find persons unlawfully at large or who have committed certain offences
10Powers and duties of constable after vehicle stopped
11Warrantless searches of people who are, or are to be, locked up in Police custody
12Searchers
13Property taken from people locked up in Police custody
14Warrantless entry to prevent offence or respond to risk to life or safety
15Entry without warrant to find and avoid loss of evidential material relating to certain offences
16Searching people in public place without warrant for evidential material relating to certain offences
17Warrantless entry and search of vehicle for evidential material relating to certain offences
18Warrantless searches associated with arms
19Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants
20Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
21Warrantless searches of people found in or on places or vehicles
22Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
23Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975
24Effect of not permitting internal search under section 23 on bail application
25Warrantless searches if offence against section 78 of Crimes Act 1961 suspected
26Meaning of disabling substance and offensive weapon in this subpart
27Searching people in public places without search warrant if offence against section 202A(4)⁠(a) of Crimes Act 1961 suspected
28Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected
29Power to search vehicles without warrant for stolen property
30Obtaining authorisation for warrantless road block
31Duration and record of warrantless road block authorisation
32Authorised road blocks implemented without warrant
33Inspector or more senior officer may apply for examination order in business context
34Conditions for making examination order in business context
35Inspector or more senior officer may apply for examination order in non-business context
36Conditions for making examination order in non-business context
37Other provisions that apply to examination order applications
38Judge may make examination order
39Form and content of examination order
40Presence of lawyer
41Duration of examination order
42Other provisions that apply to examination orders
43Examination order reports
44Common law defence of necessity for people other than constables not affected by this Part
45Restrictions on some trespass surveillance and use of interception device
46Activities for which surveillance device warrant required
47Some activities that do not require warrant under this subpart
48Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency
49Application for surveillance device warrant
50Approval of law enforcement agencies other than Police to carry out visual trespass surveillance and use interception devices
51Conditions for issuing surveillance device warrant
52Other provisions that apply to surveillance device warrant applications
53Who may issue surveillance device warrant
54Restrictions on issue of surveillance device warrant
55Form and content of surveillance device warrant
56Carrying out authorised surveillance activities
57Admissibility of evidential material relevant to other offences
58Other provisions that apply to surveillance device warrants
59Surveillance device warrant report
60Report on use of surveillance device in situation of urgency or emergency
61Actions on receipt of surveillance device warrant report
62Actions on receipt of report on use of surveillance device in situation of urgency or emergency
63Retention of raw surveillance data, excerpts, and information obtained
64Disposal of raw surveillance data, excerpts, and information obtained
65What is a declaratory order
66When to obtain declaratory order
67Application for declaratory order
68Who may make declaratory order
69Form and content of declaratory order
70Interpretation
71Enforcement officer may apply for production order
72Conditions for making production order
73Other provisions that apply to production order applications
74Issuing officer may make production order
75Form and content of production order
76Duration of production order
77Other provisions applying to production orders
78Documents produced under production order
79Copy of retained document to be given
80Meaning of terms used in this subpart
81Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978
82Application of this subpart
83Entry without warrant after arrest
84Warrantless entry and search of vehicle after arrest
85Rub-down search of arrested or detained person
86Things that can be done to facilitate rub-down search
87Rub-down search may include visual examination
88Warrantless search of arrested or detained person
89Application of this Part
90Application of rules in relation to enforcement officers and transfer of things between law enforcement agencies, etc
91Application of rules about consent searches
92Purposes for which consent search may be undertaken
93Advice that must be given before consent search undertaken
94Circumstances where search by consent unlawful
95Ability of persons under 14 years to consent to searches of places, vehicles, or other things
96Exceptions to consent search rules
97Interpretation
98Application for search warrant
99Application must be verified
100Mode of application for search warrant
101Retention of documents
102Restrictions on issue of search warrant
103Form and content of search warrant
104Issuing officer may require search warrant report
105Transmission of search warrant
106When search warrant executed
107When search warrant invalid
108Authorisation of issuing officers
109Limitation on jurisdiction of certain issuing officers
110Search powers
111Remote access search of thing authorised by warrant
112Items of uncertain status may be seized
113Powers of persons called to assist
114Powers of persons called to assist remote access search
115Limitation on exercise of powers
116Securing place, vehicle, or other thing to be searched
117Special powers where application for search warrant pending
118Powers of detention incidental to powers to search places and vehicles
119Powers of search by person who has power of arrest
120Powers of search when suspect pursued
121Stopping vehicles with or without warrant for purposes of search
122Moving vehicles for purpose of search or safekeeping
123Seizure of items in plain view
124Internal searches generally prohibited
125Special rules about searching persons
126Guidelines and rules about use of strip searching
127Search warrants to enter and search vehicles
128Duty to remain stopped
129Duty to provide information
130Duty of persons with knowledge of computer system or other data storage devices or Internet site to assist access
131Identification and notice requirements for person exercising search power (other than remote access search)
132Identifications and notice requirements for remote access search
133Inventory of items seized
134Compliance with certain provisions may be deferred in certain circumstances
135Further postponement of, or dispensation from, obligation to comply with certain provisions
136Recognition of privilege
137Lawyers’ trust accounts
138Privilege against self-incrimination
139Other privileges
140Effect of privilege on surveillance conducted under this Act
141Claims for privilege in respect of surveillance
142Effect of privilege on search warrants and search powers
143Search warrants that extend to lawyers’ premises or material held by lawyers
144Search warrant extending to certain other privileged materials
145Searches otherwise affecting privileged materials
146Interim steps pending resolution of privilege claim
147Claims for privilege for things seized or sought to be seized
148Admission of evidence
149Disposal of things seized or produced
150Certain things must be returned
151Custody of things seized or produced
152Copies of things seized or produced
153Extension of time for holding thing seized or produced
154Disputed ownership of thing seized or produced
155Seized or produced property forfeit to the Crown if ownership not established
156Application for release of or access to things seized or produced
157Failure to comply with bond or conditions
158Application to District Court for access to thing seized or produced
159Application to District Court for release of thing seized or produced
160Disposal of unlawful items
161Disposal of forensic copies
162Other copies and generated material may be retained
163Application to District Court to dispose of seized property
164Immunities of issuing officer
165Immunities in relation to obtaining or execution of orders and warrants
166Other immunities in relation to exercise of entry, search, or surveillance powers
167Immunity of the Crown
168Relationship between sections 164 to 167 and other enactments
169Reporting of exercise of powers within law enforcement agency
170Annual reporting of search and surveillance powers by Commissioner
171Annual reporting of search and surveillance powers by agencies other than Police
172Information to be included in report on surveillance device warrants and declaratory orders
173Failing to comply with examination order
174Failing to comply with production order
175False application for examination order, production order, search warrant, surveillance device warrant, or declaratory order
176Leaving search location in breach of direction
177Offences relating to stopping vehicles
178Offence of failing to carry out obligations in relation to computer system search
179Offence to disclose information acquired through search or surveillance
180Effect of proceedings
181Service of orders and notices
182Amendments to Agricultural Compounds and Veterinary Medicines Act 1997
183Powers of entry for inspection
184Issue of search warrants
185Powers of entry with warrant
186Disposal of property seized
187Section 84 repealed
188Schedule 1 repealed
189Amendments to Animal Products Act 1999
190Power of entry
191Power to examine, etc
192New section 91A inserted
91ADisposal of seized animals prior to commencement or determination of proceedings
193Other amendments to Animal Products Act 1999
194Amendments to Animal Welfare Act 1999
195Amendments to sections 130 to 136
196New section 136A inserted
136ADisposal of animals seized or taken into custody prior to commencement or determination of proceedings
197Vehicle, aircraft, ship, or animal may be detained
198Power of court to order that certain animals be forfeited to the Crown or approved organisation
199Amendment to Antarctic Marine Living Resources Act 1981
200Amendments to Antarctica (Environmental Protection) Act 1994
201Amendments to Anti-Money Laundering and Countering Financing of Terrorism Act 2009
202Amendments to Aviation Crimes Act 1972
203Amendments to Biosecurity Act 1993
204Amendment to Boxing and Wrestling Act 1981
205New section 9 substituted
9Search warrants
206Amendments to Children, Young Persons, and Their Families Act 1989
207Amendments to Parts 1 to 9 of Children, Young Persons, and Their Families Act 1989
208Amendments to Part 10 of Children, Young Persons, and Their Families Act 1989
209New section 445D inserted
445DCertain provisions of Search and Surveillance Act 2012 apply to some warrants
210Amendments to Civil Aviation Act 1990
211Amendments to Commodity Levies Act 1990
212Amendments to Conservation Act 1987
213Amendments to Criminal Proceeds (Recovery) Act 2009
214Amendments to sections 59 and 71 of Criminal Proceeds (Recovery) Act 2009
215Amendments to sections 101 to 110 of Criminal Proceeds (Recovery) Act 2009
216New section 114 substituted
114Application of Part 4 of Search and Surveillance Act 2012
217Sections 115 to 122 repealed
218New section 127 substituted
127Provisions associated with foreign restraining orders and foreign forfeiture orders
219Additional matters in respect of registering foreign forfeiture order
220Amendments to Customs and Excise Act 1996
221Amendments to sections 139 to 141 of Customs and Excise Act 1996
222Searching vehicles
223Amendments to sections 149A to 149D of Customs and Excise Act 1996
224Examination of goods no longer subject to control of Customs
225Amendments to sections 165 to 167 of Customs and Excise Act 1996
226Amendments to section 172 and repeal of sections 168 to 171, and 173 of Customs and Excise Act 1996
227Seizure and detention of goods suspected to be certain risk goods or evidence of commission of certain offences
228New section 175D inserted
175DSeizure and detention of certain drugs and objectionable publications
229Amendments to Part 17 of Customs and Excise Act 1996
230Amendments to Dairy Industry Restructuring Act 2001
231Amendments to Dog Control Act 1996
232Power of entry
233Other amendments to Dog Control Act 1996
234Amendments to Driftnet Prohibition Act 1991
235Powers of search
236Powers of seizure
237Sections 16, 17, and 19 to 22 repealed
238Section 24 repealed
239Amendments to Electricity Industry Act 2010
239AAmendments to Electronic Identity Verification Act 2012
240Amendments to Extradition Act 1999
241Amendments to Films, Videos, and Publications Classification Act 1993
242Amendments to sections 109 to 109B of Films, Videos, and Publications Classification Act 1993
243New section 110 substituted
110Application of Part 4 of Search and Surveillance Act 2012
244Section 118 repealed
245Amendments to Financial Markets Authority Act 2011
246Amendments to Financial Transactions Reporting Act 1996
247Amendments to Fisheries Act 1996
248New sections 199 and 199A substituted
199Powers of entry and examination for regulatory purposes
199APowers of entry and search for law enforcement purposes
249New section 199B inserted
199BApplication of Part 4 of Search and Surveillance Act 2012
250Amendments to sections 200 to 207 of Fisheries Act 1996
251Amendments to sections 208 to 220 of Fisheries Act 1996
252Schedule 7 repealed
253Amendments to Food Act 1981
254Amendments to Gambling Act 2003
255Amendments to Hazardous Substances and New Organisms Act 1996
256Amendments to Health Practitioners Competence Assurance Act 2003
257Amendments to Human Assisted Reproductive Technology Act 2004
258Amendments to Human Tissue Act 2008
259Amendment to Immigration Act 2009
293AImmigration officer may apply for search warrant
260Amendments to Immigration Advisers Licensing Act 2007
261New sections 56 and 57 substituted
56Purposes of inspection
57Inspection powers
262Amendments to sections 58 to 61 of Immigration Advisers Licensing Act 2007
263New section 61A inserted
61ASearch warrant
264Other amendments to Immigration Advisers Licensing Act 2007
265Amendments to Insurance (Prudential Supervision) Act 2010
266Amendments to International Crimes and International Criminal Court Act 2000
267Amendments to International War Crimes Tribunals Act 1995
268Amendments to Land Transport Act 1998
269Amendments to Local Government Act 2002
270Seizure of property from private land
271Other amendments to Local Government Act 2002
272Amendments to Major Events Management Act 2007
273Amendments to Marine Mammals Protection Act 1978
274Powers of search
275New section 14 substituted
14Officer may obtain warrant
276Amendments to Marine Reserves Act 1971
277Amendments to Maritime Security Act 2004
278Amendments to Maritime Transport Act 1994
279Amendments to Part 30 of Maritime Transport Act 1994
280New sections 454 and 455 substituted
454Warrant to inspect dwellinghouse, marae, etc
455Entry in respect of offences
281Amendments to Meat Board Act 2004
282Amendments to Part 3 of Meat Board Act 2004
283Amendments to Part 4 of Meat Board Act 2004
284Amendments to Motor Vehicle Sales Act 2003
285Amendments to National Parks Act 1980
286Amendments to Overseas Investment Act 2005
287Amendments to Ozone Layer Protection Act 1996
288Search warrants
289New section 25 substituted
25Retention of property seized
290Return or forfeiture of property seized
291Amendment to Petroleum Demand Restraint Act 1981
292Amendments to Pork Industry Board Act 1997
293Amendments to Prostitution Reform Act 2003
294Amendments to Radiation Protection Act 1965
295Amendments to Radiocommunications Act 1989
296Amendments to Reserve Bank of New Zealand Act 1989
297Amendments to Parts 4 and 5 of Reserve Bank of New Zealand Act 1989
298Further amendments to Reserve Bank of New Zealand Act 1989
299Amendments to Reserves Act 1977
300Amendments to Resource Management Act 1991
301Amendments to Sale of Liquor Act 1989
302Amendments to Tax Administration Act 1994
303Amendments to Trade in Endangered Species Act 1989
304Amendments to Unsolicited Electronic Messages Act 2007
305Amendments to Waste Minimisation Act 2008
306Amendments to Waste Minimisation Act 2008
307Other amendments to Waste Minimisation Act 2008
308Amendments to Wild Animal Control Act 1977
309Amendments to Wildlife Act 1953
310Amendments to Wine Act 2003
311Amendments to Anti-Personnel Mines Prohibition Act 1998
312Amendments to Chemical Weapons (Prohibition) Act 1996
313Amendments to Commerce Act 1986
314Amendment to Credit Contracts and Consumer Finance Act 2003
315Amendments to Electricity Act 1992
316Amendments to Fair Trading Act 1986
317Amendments to Forests Act 1949
318Amendments to Gas Act 1992
319Amendments to International Energy Agreement Act 1976
320Power of entry
321New section 11 substituted
11Search warrants
322Amendments to Weights and Measures Act 1987
323Arms Act 1983 amended
324Corrections Act 2004 amended
325Crimes Act 1961 amended
326Amendments to Crimes Amendment Act (No 4) 2011
327Amendments to Criminal Procedure Act 2011
328District Courts Act 1947 amended
329New section 17A substituted
17ASections 121, 128, and 129 of Search and Surveillance Act 2012 inapplicable to bailiffs
330Health Act 1956 amended
331Misuse of Drugs Act 1975 amended
332New section 18 substituted
18Seizing and destroying prohibited plants and seeds
333Application of Customs and Excise Act 1996
334Misuse of Drugs Amendment Act 1978 amended
335Mutual Assistance in Criminal Matters Act 1992 amended
336Policing Act 2008 amended
337Summary Proceedings Act 1957 amended
338Amendments to Summary Proceedings Amendment Act (No 2) 2011
339Telecommunications Act 2001 amended
340Telecommunications (Interception Capability) Act 2004 amended
341Telecommunications (Residual Provisions) Act 1987 repealed
342Regulations
343Transitional provision in relation to reporting requirements
344Disclosure of prior warrants in applications for surveillance device warrants made in transitional period
345Disclosure of prior warrants in applications for search warrants
346Transitional provision relating to Part 11A of Crimes Act 1961
347Transitional provision relating to sections 14 to 29 of Misuse of Drugs Amendment Act 1978
348Transitional provision in relation to sections 198 to 200 of Summary Proceedings Act 1957 [Expired]
349Transitional provision relating to sections 200A to 200P of Summary Proceedings Act 1957
350Transitional provision relating to covert video surveillance
351Transitional provision relating to provisions brought into force under section 2
352Certain provisions deemed to be in force during transitional period
353Certain provisions limited to matters covered in subpart 1 of Part 3 during transitional period
354Transitional provision relating to Criminal Procedure Act 2011
355References to enforcement officer during transitional period
356Regulations providing for transitional matters
357Review of operation of Act
Reprint notes

The Parliament of New Zealand enacts as follows: