1 Title

2 Commencement

3 Interpretation

4 Act binds the Crown

5 Internal searches generally prohibited

6 Issuing officer may issue search warrant

7 Entry without warrant to arrest person unlawfully at large

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

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

10 Powers and duties of constable after vehicle stopped

11 Warrantless searches of people who are to be locked up in Police custody

12 Searchers

13 Property taken from people locked up in Police custody

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

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

18 Warrantless searches associated with arms

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

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

21 Warrantless power to search and detain a person, and seize controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975

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

23 Effect of not permitting internal search under section 22 on bail application

24 Meaning of disabling substance and offensive weapon in this subpart

25 Searching people in public places without search warrant if offence against section 202A of Crimes Act 1961 suspected

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

27 Power to search vehicles without warrant for stolen property

28 Obtaining authorisation for warrantless road block

29 Duration and record of warrantless road block authorisation

30 Authorised road blocks implemented without warrant

31 Commissioner may apply for examination order in business context

32 Conditions for making examination order in business context

33 Commissioner may apply for examination order in non-business context

34 Conditions for making examination order in non-business context

35 Other provisions that apply to examination order applications

36 Judge may make examination order

37 Form and content of examination order

38 Presence of lawyer

39 Duration of examination order

40 Other provisions that apply to examination orders

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

42 Activities for which surveillance device warrant required

43 Some activities that do not require warrant under this subpart

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

45 Application for surveillance device warrant

46 Conditions for issuing surveillance device warrant

47 Other provisions that apply to surveillance device warrant applications

48 Who may issue surveillance device warrant

49 Restrictions on issue of surveillance device warrant

50 Form and content of surveillance device warrant

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

52 Other provisions that apply to surveillance device warrants

53 Surveillance device warrant report

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

55 Actions on receipt of surveillance device warrant report

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

57 Residual warrant required for some other interferences with privacy

58 Application for residual warrant

59 Conditions for issuing residual warrant

60 Other provisions that apply to residual warrant applications

61 Who may issue residual warrant

62 Restrictions on issue of residual warrant

63 Form and content of residual warrant

64 Carrying out activities authorised by residual warrant

65 Other provisions that apply to residual warrants

66 Residual warrant report

67 Actions on receipt of report

68 Interpretation

69 Enforcement officer may apply for production order

70 Conditions for making production order

71 Other provisions that apply to production order applications

72 Issuing officer may make production order

73 Form and content of production order

74 Duration of production order

75 Other provisions applying to production orders

76 Documents produced under production order

77 Copy of retained document to be given

78 Meaning of terms used in this subpart

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

80 Application of this subpart

81 Entry without warrant after arrest

82 Warrantless entry and search of vehicle after arrest

83 Rub-down search of arrested or detained person

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

85 Rub-down search may include visual examination

86 Warrantless search of arrested or detained person

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

88 Application of rules about consent searches

89 Purposes for which consent search may be undertaken

90 Advice that must be given before consent search undertaken

91 Circumstances where search by consent unlawful

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

93 Exceptions to consent search rules

94 Application of sections 95 to 99

95 Interpretation

96 Application for search warrant

97 Application must be verified

98 Mode of application for search warrant

99 Retention of documents

100 Restrictions on issue of search warrant

101 Form and content of search warrant

102 Issuing officer may require search warrant report

103 Transmission of search warrant

104 When search warrant executed

105 When search warrant invalid

106 Authorisation of issuing officers

107 Application

108 Search powers

109 Items of uncertain status may be seized

110 Powers of persons called to assist

111 Limitation on exercise of powers

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

113 Special powers where application for search warrant pending

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

115 Powers of search incidental to power of arrest

116 Powers of search when suspect pursued

117 Stopping vehicles with or without warrant for purposes of search

118 Moving vehicle for purpose of search, safekeeping, or road safety

119 Seizure of items in plain view

120 Special rules about searching persons

121 Guidelines and rules about use of strip searching

122 Search warrants to enter and search vehicles

123 Power to require particulars

124 Duty to provide information

125 Duty of persons with knowledge of computer or computer network or other data storage devices to assist access

126 Identification and notice requirements for person exercising search power

127 Inventory of items seized

128 Compliance with certain provisions may be deferred in certain circumstances

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

130 Recognition of privilege

131 Lawyers trust accounts

132 Privilege against self-incrimination

133 Other privileges

134 Effect of privilege on surveillance conducted under this Act

135 Effect of privilege on search warrants and search powers

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

137 Search warrant extending to certain other privileged materials

138 Searches otherwise affecting privileged materials

139 Interim steps pending resolution of privilege claim

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

141 Admission of evidence

142 Disposal of things seized or produced

143 Certain things must be returned

144 Custody of things seized or produced

145 Copies of things seized or produced

146 Extension of time for holding thing seized or produced

147 Disputed ownership of thing seized or produced

148 Seized or produced property forfeit to Crown if ownership not established

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

150 Failure to comply with bond or conditions

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

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

153 Disposal of unlawful items

154 Disposal of forensic copies

155 Other copies and generated material may be retained

156 Application to District Court to dispose of seized property

157 Immunities of issuing officer

158 Immunities in relation to the obtaining or execution of orders and warrants

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

160 Immunity of the Crown

161 Relationship between sections 157 to 160 and other enactments

162 Reporting of exercise of powers within law enforcement agency

163 Annual reporting of search and surveillance powers

164 Information to be included in report on surveillance device warrants and residual warrants

165 Failing to comply with examination order

166 Failing to comply with production order

167 False application for examination order, production order, search warrant, surveillance device warrant, or residual warrant

168 Leaving search location in breach of direction

169 Offences relating to stopping vehicles

170 Offence of failing to carry out obligations in relation to computer search

171 Offence to disclose information acquired through search or surveillance

172 Effect of proceedings

173 Service of orders and notices

174 Application of certain provisions

175 Amendments to Agricultural Compounds and Veterinary Medicines Act 1997

176 Powers of entry for inspection

177 Issue of search warrants

178 Power of entry with warrant

179 Disposal of property seized

180 Amendments to Animal Products Act 1999

181 Power of entry

182 Power to examine, etc

183 New section 91A inserted

184 Other amendments to Animal Products Act 1999

185 Amendments to Animal Welfare Act 1999

186 Amendments to sections 130 to 136

187 New section 136A inserted

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

189 Power of court to order certain animals be forfeited to the Crown

190 Amendment to Antarctic Marine Living Resources Act 1981

191 Amendments to Antarctica (Environmental Protection) Act 1994

192 Amendments to Aviation Crimes Act 1972

193 Amendments to Biosecurity Act 1993

194 Amendment to Boxing and Wrestling Act 1981

195 New section 9 substituted

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

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

198 New section 445A substituted

199 Amendments to Civil Aviation Act 1990

200 Amendments to Commodity Levies Act 1990

201 Amendments to Conservation Act 1987

202 Amendments to Customs and Excise Act 1996

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

204 Searching vehicles

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

206 Examination of goods no longer subject to control of Customs

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

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

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

210 New section 175D inserted

211 Amendments to Part 17 of Customs and Excise Act 1996

212 Amendments to Dairy Industry Restructuring Act 2001

213 Amendments to Dog Control Act 1996

214 Power of entry

215 Other amendments to Dog Control Act 1996

216 Amendments to Driftnet Prohibition Act 1991

217 Powers of search

218 New section 16 substituted

219 Sections 17 to 22 repealed

220 Section 24 repealed

221 Amendments to Employment Relations Act 2000

222 Amendments to Extradition Act 1999

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

224 Amendments to Part 7 of Films, Videos, and Publications Classification Act 1993

225 New section 110 substituted

226 Amendments to Financial Transactions Reporting Act 1996

227 Amendments to Fisheries Act 1996

228 New sections 199 and 199A substituted

229 Amendments to sections 200 to 207 of Fisheries Act 1996

230 Amendments to sections 208 to 220 of Fisheries Act 1996

231 Amendments to Food Act 1981

232 Amendments to Gambling Act 2003

233 Amendments to Hazardous Substances and New Organisms Act 1996

234 Amendments to Health and Safety in Employment Act 1992

235 Amendments to Health Practitioners Competence Assurance Act 2003

236 Amendments to Human Assisted Reproductive Technology Act 2004

237 Amendments to Human Tissue Act 2008

238 Amendments to Immigration Advisers Licensing Act 2007

239 New sections 56 and 57 substituted

240 Other amendments to Immigration Advisers Licensing Act 2007

241 Amendments to International Crimes and International Criminal Court Act 2000

242 Amendments to International War Crimes Tribunals Act 1995

243 Amendments to Land Transport Act 1998

244 Amendments to Local Government Act 2002

245 Seizure of property from private land

246 Other amendments to Local Government Act 2002

247 Amendments to Major Events Management Act 2007

248 Amendments to Marine Mammals Protection Act 1978

249 Powers of search

250 New section 14 substituted

251 Amendments to Marine Reserves Act 1971

252 Amendments to Maritime Security Act 2004

253 Amendments to Maritime Transport Act 1994

254 Amendments to Part 30 of Maritime Transport Act 1994

255 New sections 454 and 455 substituted

256 Amendments to Meat Board Act 2004

257 Amendments to Part 3 of Meat Board Act 2004

258 Amendments to Part 4 of Meat Board Act 2004

259 Amendments to Motor Vehicle Sales Act 2003

260 Amendments to National Parks Act 1980

261 Amendments to Overseas Investment Act 2005

262 Amendments to Ozone Layer Protection Act 1996

263 Search warrants

264 New section 25 substituted

265 Return or forfeiture of property seized

266 Amendment to Petroleum Demand Restraint Act 1981

267 Amendments to Pork Industry Board Act 1997

268 Amendments to Prostitution Reform Act 2003

269 Amendments to Radiation Protection Act 1965

270 Amendments to Radiocommunications Act 1989

271 Amendments to Reserve Bank of New Zealand Act 1989

272 Amendments to Part 4 of Reserve Bank of New Zealand Act 1989

273 Amendments to Part 5D of Reserve Bank of New Zealand Act 1989

274 Amendments to Reserves Act 1977

275 Amendments to Resource Management Act 1991

276 Amendments to Sale of Liquor Act 1989

277 Amendment to Social Security Act 1964

278 New section 128A inserted

279 Amendments to Tax Administration Act 1994

280 Amendments to Trade in Endangered Species Act 1989

281 Amendments to Unsolicited Electronic Messages Act 2007

282 Amendments to Wild Animal Control Act 1977

283 Amendments to Wildlife Act 1953

284 Amendments to Wine Act 2003

285 Amendments to Anti-Personnel Mines Prohibition Act 1998

286 Amendments to Chemical Weapons (Prohibition) Act 1996

287 Amendments to Commerce Act 1986

288 Amendment to Credit Contracts and Consumer Finance Act 2003

289 Amendments to Electricity Act 1992

290 Amendments to Fair Trading Act 1986

291 Amendments to Forests Act 1949

292 Amendments to Gas Act 1992

293 Amendment to International Energy Agreement Act 1976

294 Amendments to Weights and Measures Act 1987

295 Arms Act 1983 amended

296 Corrections Act 2004 amended

297 Crimes Act 1961 amended

298 District Courts Act 1947 amended

299 New section 17A substituted

300 Electricity Industry Reform Act 1998 amended

301 Health Act 1956 amended

302 Misuse of Drugs Act 1975 amended

303 New section 18 substituted

304 Application of Customs and Excise Act 1996

305 Misuse of Drugs Amendment Act 1978 amended

306 Mutual Assistance in Criminal Matters Act 1992 amended

307 Policing Act 2008 amended

308 Proceeds of Crime Act 1991 amended

309 Summary Proceedings Act 1957 amended

310 Telecommunications Act 2001 amended

311 Telecommunications (Interception Capability) Act 2004 amended

312 Telecommunications (Residual Provisions) Act 1987 repealed

313 Regulations

314 Transitional provision in relation to reporting requirements

315 Transitional provision in relation to sections 198 to 200 of Summary Proceedings Act 1957

316 Review of operation of Act