Reprint as at 12 December 2014

Search and Surveillance Act 2012

Public Act2012 No 24
Date of assent5 April 2012
Commencementsee 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

1 Title

2 Commencement

Part 1
General provisions

3 Interpretation

4 Act binds the Crown

5 Purpose

Part 2
Police powers

Subpart 1Rules about search warrant powers in relation to places, vehicles, and other things

6 Issuing officer may issue search warrant

Subpart 2Warrantless powers to enter and search when effecting arrest

7 Entry without warrant to arrest person unlawfully at large

8 Entry without warrant to avoid loss of offender or evidential material

Stopping vehicle without warrant to effect arrest

9 Stopping vehicle to find persons unlawfully at large or who have committed certain offences

10 Powers and duties of constable after vehicle stopped

Subpart 3Warrantless 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

12 Searchers

13 Property taken from people locked up in Police custody

Subpart 4Warrantless powers of entry in urgent circumstances

14 Warrantless entry to prevent offence or respond to risk to life or safety

Subpart 5Warrantless powers for evidential material relating to serious offences

15 Entry without warrant to find and avoid loss of evidential material relating to certain offences

16 Searching people in public place without warrant for evidential material relating to certain offences

17 Warrantless entry and search of vehicle for evidential material relating to certain offences

Subpart 6Warrantless powers in relation to arms offences

18 Warrantless searches associated with arms

Subpart 7Police 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

20 Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences

21 Warrantless searches of people found in or on places or vehicles

22 Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975

23 Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975

24 Effect of not permitting internal search under section 23 on bail application

Subpart 8Warrantless powers in relation to offences against section 78 of Crimes Act 1961

25 Warrantless searches if offence against section 78 of Crimes Act 1961 suspected

Subpart 9Warrantless powers in relation to offences against section 202A of Crimes Act 1961

26 Meaning of disabling substance and offensive weapon in this subpart

27 Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected

28 Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected

Subpart 10Warrantless search of vehicle for stolen property

29 Power to search vehicles without warrant for stolen property

Subpart 11Warrantless powers relating to road blocks

30 Obtaining authorisation for warrantless road block

31 Duration and record of warrantless road block authorisation

32 Authorised road blocks implemented without warrant

Subpart 12Examination orders

Examination orders in business contexts

33 Inspector or more senior officer may apply for examination order in business context

34 Conditions for making examination order in business context

Examination orders in contexts other than those of business

35 Inspector or more senior officer may apply for examination order in non-business context

36 Conditions for making examination order in non-business context

Other provisions that apply to examination order applications

37 Other provisions that apply to examination order applications

Making examination orders and contents of examination orders

38 Judge may make examination order

39 Form and content of examination order

Other provisions relating to examination orders

40 Presence of lawyer

41 Duration of examination order

42 Other provisions that apply to examination orders

Examination order reports

43 Examination order reports

Subpart 13Other matters

44 Common law defence of necessity for people other than constables not affected by this Part

Part 3
Enforcement officers' powers and orders

Subpart 1Surveillance device warrants and declaratory orders

45 Restrictions on some trespass surveillance and use of interception device

Surveillance device warrants

46 Activities for which surveillance device warrant required

47 Some activities that do not require warrant under this subpart

48 Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency

Application for surveillance device warrant

49 Application for surveillance device warrant

50 Approval of law enforcement agencies other than Police to carry out visual trespass surveillance and use interception devices

51 Conditions for issuing surveillance device warrant

52 Other provisions that apply to surveillance device warrant applications

Issuing of surveillance device warrant

53 Who may issue surveillance device warrant

54 Restrictions on issue of surveillance device warrant

55 Form and content of surveillance device warrant

Carrying out authorised surveillance activities and evidential material relevant to other offences

56 Carrying out authorised surveillance activities

57 Admissibility of evidential material relevant to other offences

Other provisions applying to surveillance device warrants

58 Other provisions that apply to surveillance device warrants

Surveillance device warrant reports

59 Surveillance device warrant report

60 Report on use of surveillance device in situation of urgency or emergency

61 Actions on receipt of surveillance device warrant report

62 Actions on receipt of report on use of surveillance device in situation of urgency or emergency

Retention and destruction of raw surveillance data, excerpts, and other information obtained

63 Retention of raw surveillance data, excerpts, and information obtained

64 Disposal of raw surveillance data, excerpts, and information obtained

Declaratory orders

65 What is a declaratory order

Applying for declaratory order

66 When to obtain declaratory order

67 Application for declaratory order

Making declaratory order

68 Who may make declaratory order

69 Form and content of declaratory order

Subpart 2Production orders

70 Interpretation

71 Enforcement officer may apply for production order

72 Conditions for making production order

73 Other provisions that apply to production order applications

74 Issuing officer may make production order

75 Form and content of production order

76 Duration of production order

77 Other provisions applying to production orders

78 Documents produced under production order

79 Copy of retained document to be given

Subpart 3Police 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

81 Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978

Subpart 4Warrantless powers of entry and search incidental to arrest or detention

82 Application of this subpart

83 Entry without warrant after arrest

84 Warrantless entry and search of vehicle after arrest

85 Rub-down search of arrested or detained person

86 Things that can be done to facilitate rub-down search

87 Rub-down search may include visual examination

88 Warrantless search of arrested or detained person

Part 4
General provisions in relation to search, surveillance, and inspection powers

Subpart 1Application of rules in this Part, and consent searches

Application of rules

89 Application of this Part

90 Application of rules in relation to enforcement officers and transfer of things between law enforcement agencies, etc

Subpart 2Consent searches

91 Application of rules about consent searches

92 Purposes for which consent search may be undertaken

93 Advice that must be given before consent search undertaken

94 Circumstances where search by consent unlawful

95 Ability of persons under 14 years to consent to searches of places, vehicles, or other things

96 Exceptions to consent search rules

Subpart 3Search warrants

97 Interpretation

Application for search warrant

98 Application for search warrant

99 Application must be verified

100 Mode of application for search warrant

101 Retention of documents

Issuing of search warrant

102 Restrictions on issue of search warrant

103 Form and content of search warrant

104 Issuing officer may require search warrant report

105 Transmission of search warrant

106 When search warrant executed

107 When search warrant invalid

108 Authorisation of issuing officers

109 Limitation on jurisdiction of certain issuing officers

Subpart 4Carrying out search powers

110 Search powers

111 Remote access search of thing authorised by warrant

112 Items of uncertain status may be seized

113 Powers of persons called to assist

114 Powers of persons called to assist remote access search

115 Limitation on exercise of powers

Giving directions

116 Securing place, vehicle, or other thing to be searched

Establishing search scene

117 Special powers where application for search warrant pending

Detention of person at search scene

118 Powers of detention incidental to powers to search places and vehicles

Powers of search incidental to powers of arrest

119 Powers of search by person who has power of arrest

120 Powers of search when suspect pursued

Stopping vehicles with or without warrant for purposes of search

121 Stopping vehicles with or without warrant for purposes of search

Moving vehicle for safekeeping and other purposes

122 Moving vehicles for purpose of search or safekeeping

Seizure of items in plain view

123 Seizure of items in plain view

Search of persons

124 Internal searches generally prohibited

125 Special rules about searching persons

126 Guidelines and rules about use of strip searching

Search warrants to enter and search vehicles

127 Search warrants to enter and search vehicles

Duty to remain stopped

128 Duty to remain stopped

Duty to provide information

129 Duty to provide information

Computer system searches

130 Duty of persons with knowledge of computer system or other data storage devices or Internet site to assist access

Identification and notice

131 Identification and notice requirements for person exercising search power (other than remote access search)

132 Identifications and notice requirements for remote access search

133 Inventory of items seized

134 Compliance with certain provisions may be deferred in certain circumstances

135 Further postponement of, or dispensation from, obligation to comply with certain provisions

Subpart 5Privilege and confidentiality

General

136 Recognition of privilege

137 Lawyers' trust accounts

Examination orders and production orders

138 Privilege against self-incrimination

139 Other privileges

Surveillance

140 Effect of privilege on surveillance conducted under this Act

141 Claims for privilege in respect of surveillance

Search warrants and other search powers

142 Effect of privilege on search warrants and search powers

143 Search warrants that extend to lawyers' premises or material held by lawyers

144 Search warrant extending to certain other privileged materials

145 Searches otherwise affecting privileged materials

146 Interim steps pending resolution of privilege claim

147 Claims for privilege for things seized or sought to be seized

Admission of evidence generally

148 Admission of evidence

Subpart 6Procedures applying to seized or produced materials

149 Disposal of things seized or produced

150 Certain things must be returned

151 Custody of things seized or produced

152 Copies of things seized or produced

153 Extension of time for holding thing seized or produced

154 Disputed ownership of thing seized or produced

155 Seized or produced property forfeit to the Crown if ownership not established

Rights of owners and others in relation to things seized or produced

156 Application for release of or access to things seized or produced

157 Failure to comply with bond or conditions

158 Application to District Court for access to thing seized or produced

159 Application to District Court for release of thing seized or produced

160 Disposal of unlawful items

161 Disposal of forensic copies

162 Other copies and generated material may be retained

163 Application to District Court to dispose of seized property

Subpart 7Immunities

164 Immunities of issuing officer

165 Immunities in relation to obtaining or execution of orders and warrants

166 Other immunities in relation to exercise of entry, search, or surveillance powers

167 Immunity of the Crown

168 Relationship between sections 164 to 167 and other enactments

Subpart 8Reporting

169 Reporting of exercise of powers within law enforcement agency

170 Annual reporting of search and surveillance powers by Commissioner

171 Annual reporting of search and surveillance powers by agencies other than Police

172 Information to be included in report on surveillance device warrants and declaratory orders

Subpart 9Offences

173 Failing to comply with examination order

174 Failing to comply with production order

175 False application for examination order, production order, search warrant, surveillance device warrant, or declaratory order

176 Leaving search location in breach of direction

177 Offences relating to stopping vehicles

178 Offence of failing to carry out obligations in relation to computer system search

179 Offence to disclose information acquired through search or surveillance

Subpart 10Miscellaneous

180 Effect of proceedings

181 Service of orders and notices

Part 5
Amendments, repeals, and miscellaneous provisions

Subpart 1Amendments 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

183 Powers of entry for inspection

184 Issue of search warrants

185 Powers of entry with warrant

186 Disposal of property seized

187 Section 84 repealed

188 Schedule 1 repealed

Amendments to Animal Products Act 1999

189 Amendments to Animal Products Act 1999

190 Power of entry

191 Power to examine, etc

192 New section 91A inserted

193 Other amendments to Animal Products Act 1999

Amendments to Animal Welfare Act 1999

194 Amendments to Animal Welfare Act 1999

195 Amendments to sections 130 to 136

196 New section 136A inserted

197 Vehicle, aircraft, ship, or animal may be detained

198 Power of court to order that certain animals be forfeited to the Crown or approved organisation

Amendment to Antarctic Marine Living Resources Act 1981

199 Amendment to Antarctic Marine Living Resources Act 1981

Amendments to Antarctica (Environmental Protection) Act 1994

200 Amendments to 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

Amendments to Aviation Crimes Act 1972

202 Amendments to Aviation Crimes Act 1972

Amendments to Biosecurity Act 1993

203 Amendments to Biosecurity Act 1993

Amendment to Boxing and Wrestling Act 1981

204 Amendment to Boxing and Wrestling Act 1981

205 New section 9 substituted

Amendments to Children, Young Persons, and Their Families Act 1989

206 Amendments to Children, Young Persons, and Their Families Act 1989

207 Amendments to Parts 1 to 9 of Children, Young Persons, and Their Families Act 1989

208 Amendments to Part 10 of Children, Young Persons, and Their Families Act 1989

209 New section 445D inserted

Amendments to Civil Aviation Act 1990

210 Amendments to Civil Aviation Act 1990

Amendments to Commodity Levies Act 1990

211 Amendments to Commodity Levies Act 1990

Amendments to Conservation Act 1987

212 Amendments to Conservation Act 1987

Amendments to Criminal Proceeds (Recovery) Act 2009

213 Amendments to Criminal Proceeds (Recovery) Act 2009

214 Amendments to sections 59 and 71 of Criminal Proceeds (Recovery) Act 2009

215 Amendments to sections 101 to 110 of Criminal Proceeds (Recovery) Act 2009

216 New section 114 substituted

217 Sections 115 to 122 repealed

218 New section 127 substituted

219 Additional matters in respect of registering foreign forfeiture order

Amendments to Customs and Excise Act 1996

220 Amendments to Customs and Excise Act 1996

221 Amendments to sections 139 to 141 of Customs and Excise Act 1996

222 Searching vehicles

223 Amendments to sections 149A to 149D of Customs and Excise Act 1996

224 Examination of goods no longer subject to control of Customs

225 Amendments to sections 165 to 167 of Customs and Excise Act 1996

226 Amendments to section 172 and repeal of sections 168 to 171, and 173 of Customs and Excise Act 1996

227 Seizure and detention of goods suspected to be certain risk goods or evidence of commission of certain offences

228 New section 175D inserted

229 Amendments to Part 17 of Customs and Excise Act 1996

Amendments to Dairy Industry Restructuring Act 2001

230 Amendments to Dairy Industry Restructuring Act 2001

Amendments to Dog Control Act 1996

231 Amendments to Dog Control Act 1996

232 Power of entry

233 Other amendments to Dog Control Act 1996

Amendments to Driftnet Prohibition Act 1991

234 Amendments to Driftnet Prohibition Act 1991

235 Powers of search

236 Powers of seizure

237 Sections 16, 17, and 19 to 22 repealed

238 Section 24 repealed

Amendments to Electricity Industry Act 2010

239 Amendments to Electricity Industry Act 2010

239A Amendments to Electronic Identity Verification Act 2012

Amendments to Extradition Act 1999

240 Amendments to Extradition Act 1999

Amendments to Films, Videos, and Publications Classification Act 1993

241 Amendments to Films, Videos, and Publications Classification Act 1993

242 Amendments to sections 109 to 109B of Films, Videos, and Publications Classification Act 1993

243 New section 110 substituted

244 Section 118 repealed

Amendments to Financial Markets Authority Act 2011

245 Amendments to Financial Markets Authority Act 2011

Amendments to Financial Transactions Reporting Act 1996

246 Amendments to Financial Transactions Reporting Act 1996

Amendments to Fisheries Act 1996

247 Amendments to Fisheries Act 1996

248 New sections 199 and 199A substituted

249 New section 199B inserted

250 Amendments to sections 200 to 207 of Fisheries Act 1996

251 Amendments to sections 208 to 220 of Fisheries Act 1996

252 Schedule 7 repealed

Amendments to Food Act 1981

253 Amendments to Food Act 1981

Amendments to Gambling Act 2003

254 Amendments to Gambling Act 2003

Amendments to Hazardous Substances and New Organisms Act 1996

255 Amendments to Hazardous Substances and New Organisms Act 1996

Amendments to Health Practitioners Competence Assurance Act 2003

256 Amendments to Health Practitioners Competence Assurance Act 2003

Amendments to Human Assisted Reproductive Technology Act 2004

257 Amendments to Human Assisted Reproductive Technology Act 2004

Amendments to Human Tissue Act 2008

258 Amendments to Human Tissue Act 2008

Amendment to Immigration Act 2009

259 Amendment to Immigration Act 2009

Amendments to Immigration Advisers Licensing Act 2007

260 Amendments to Immigration Advisers Licensing Act 2007

261 New sections 56 and 57 substituted

262 Amendments to sections 58 to 61 of Immigration Advisers Licensing Act 2007

263 New section 61A inserted

264 Other amendments to Immigration Advisers Licensing Act 2007

Amendments to Insurance (Prudential Supervision) Act 2010

265 Amendments to 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

Amendments to International War Crimes Tribunals Act 1995

267 Amendments to International War Crimes Tribunals Act 1995

Amendments to Land Transport Act 1998

268 Amendments to Land Transport Act 1998

Amendments to Local Government Act 2002

269 Amendments to Local Government Act 2002

270 Seizure of property from private land

271 Other amendments to Local Government Act 2002

Amendments to Major Events Management Act 2007

272 Amendments to Major Events Management Act 2007

Amendments to Marine Mammals Protection Act 1978

273 Amendments to Marine Mammals Protection Act 1978

274 Powers of search

275 New section 14 substituted

Amendments to Marine Reserves Act 1971

276 Amendments to Marine Reserves Act 1971

Amendments to Maritime Security Act 2004

277 Amendments to Maritime Security Act 2004

Amendments to Maritime Transport Act 1994

278 Amendments to Maritime Transport Act 1994

279 Amendments to Part 30 of Maritime Transport Act 1994

280 New sections 454 and 455 substituted

Amendments to Meat Board Act 2004

281 Amendments to Meat Board Act 2004

282 Amendments to Part 3 of Meat Board Act 2004

283 Amendments to Part 4 of Meat Board Act 2004

Amendments to Motor Vehicle Sales Act 2003

284 Amendments to Motor Vehicle Sales Act 2003

Amendments to National Parks Act 1980

285 Amendments to National Parks Act 1980

Amendments to Overseas Investment Act 2005

286 Amendments to Overseas Investment Act 2005

Amendments to Ozone Layer Protection Act 1996

287 Amendments to Ozone Layer Protection Act 1996

288 Search warrants

289 New section 25 substituted

290 Return or forfeiture of property seized

Amendment to Petroleum Demand Restraint Act 1981

291 Amendment to Petroleum Demand Restraint Act 1981

Amendments to Pork Industry Board Act 1997

292 Amendments to Pork Industry Board Act 1997

Amendments to Prostitution Reform Act 2003

293 Amendments to Prostitution Reform Act 2003

Amendments to Radiation Protection Act 1965

294 Amendments to Radiation Protection Act 1965

Amendments to Radiocommunications Act 1989

295 Amendments to Radiocommunications Act 1989

Amendments to Reserve Bank of New Zealand Act 1989

296 Amendments to Reserve Bank of New Zealand Act 1989

297 Amendments to Parts 4 and 5 of Reserve Bank of New Zealand Act 1989

298 Further amendments to Reserve Bank of New Zealand Act 1989

Amendments to Reserves Act 1977

299 Amendments to Reserves Act 1977

Amendments to Resource Management Act 1991

300 Amendments to Resource Management Act 1991

Amendments to Sale of Liquor Act 1989

301 Amendments to Sale of Liquor Act 1989

Amendments to Tax Administration Act 1994

302 Amendments to Tax Administration Act 1994

Amendments to Trade in Endangered Species Act 1989

303 Amendments to Trade in Endangered Species Act 1989

Amendments to Unsolicited Electronic Messages Act 2007

304 Amendments to Unsolicited Electronic Messages Act 2007

Amendments to Waste Minimisation Act 2008

305 Amendments to Waste Minimisation Act 2008

306 Amendments to Waste Minimisation Act 2008

307 Other amendments to Waste Minimisation Act 2008

Amendments to Wild Animal Control Act 1977

308 Amendments to Wild Animal Control Act 1977

Amendments to Wildlife Act 1953

309 Amendments to Wildlife Act 1953

Amendments to Wine Act 2003

310 Amendments to Wine Act 2003

Subpart 2Amendments 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

Amendments to Chemical Weapons (Prohibition) Act 1996

312 Amendments to Chemical Weapons (Prohibition) Act 1996

Amendments to Commerce Act 1986

313 Amendments to Commerce Act 1986

Amendment to Credit Contracts and Consumer Finance Act 2003

314 Amendment to Credit Contracts and Consumer Finance Act 2003

Amendments to Electricity Act 1992

315 Amendments to Electricity Act 1992

Amendments to Fair Trading Act 1986

316 Amendments to Fair Trading Act 1986

Amendments to Forests Act 1949

317 Amendments to Forests Act 1949

Amendments to Gas Act 1992

318 Amendments to Gas Act 1992

Amendments to International Energy Agreement Act 1976

319 Amendments to International Energy Agreement Act 1976

320 Power of entry

321 New section 11 substituted

Amendments to Weights and Measures Act 1987

322 Amendments to Weights and Measures Act 1987

Subpart 3Other repeals and amendments

Amendments to Arms Act 1983

323 Arms Act 1983 amended

Amendments to Corrections Act 2004

324 Corrections Act 2004 amended

Amendments to Crimes Act 1961

325 Crimes Act 1961 amended

Amendments to Crimes Amendment Act (No 4) 2011

326 Amendments to Crimes Amendment Act (No 4) 2011

Amendments to Criminal Procedure Act 2011

327 Amendments to Criminal Procedure Act 2011

Amendment to District Courts Act 1947

328 District Courts Act 1947 amended

329 New section 17A substituted

Amendment to Health Act 1956

330 Health Act 1956 amended

Amendments to Misuse of Drugs Act 1975

331 Misuse of Drugs Act 1975 amended

332 New section 18 substituted

333 Application of Customs and Excise Act 1996

Amendments to Misuse of Drugs Amendment Act 1978

334 Misuse of Drugs Amendment Act 1978 amended

Amendment to Mutual Assistance in Criminal Matters Act 1992

335 Mutual Assistance in Criminal Matters Act 1992 amended

Amendments to Policing Act 2008

336 Policing Act 2008 amended

Amendments to Summary Proceedings Act 1957

337 Summary Proceedings Act 1957 amended

Amendments to Summary Proceedings Amendment Act (No 2) 2011

338 Amendments to Summary Proceedings Amendment Act (No 2) 2011

Amendment to Telecommunications Act 2001

339 Telecommunications Act 2001 amended

Amendment to Telecommunications (Interception Capability) Act 2004

340 Telecommunications (Interception Capability) Act 2004 amended

Repeal of Telecommunications (Residual Provisions) Act 1987

341 Telecommunications (Residual Provisions) Act 1987 repealed

Subpart 4Regulation-making powers, transitional provisions, and review provision

342 Regulations

Transitional provisions

343 Transitional provision in relation to reporting requirements

344 Disclosure of prior warrants in applications for surveillance device warrants made in transitional period

345 Disclosure of prior warrants in applications for search warrants

346 Transitional provision relating to Part 11A of Crimes Act 1961

347 Transitional provision relating to sections 14 to 29 of Misuse of Drugs Amendment Act 1978

348 Transitional provision in relation to sections 198 to 200 of Summary Proceedings Act 1957 [Expired]

349 Transitional provision relating to sections 200A to 200P of Summary Proceedings Act 1957

350 Transitional provision relating to covert video surveillance

351 Transitional provision relating to provisions brought into force under section 2

352 Certain provisions deemed to be in force during transitional period

353 Certain provisions limited to matters covered in subpart 1 of Part 3 during transitional period

354 Transitional provision relating to Criminal Procedure Act 2011

355 References to enforcement officer during transitional period

356 Regulations providing for transitional matters

Review provision

357 Review of operation of Act

Schedule
Powers in other enactments to which all or part of Part 4 of Search and Surveillance Act 2012 applies

Reprint notes


The Parliament of New Zealand enacts as follows: