Search and Surveillance Bill

  • not the latest version

Search and Surveillance Bill

Government Bill

45—2

As reported from the Justice and Electoral Committee

Commentary

Recommendation

The Justice and Electoral Committee has examined the Search and Surveillance Bill and recommends by majority that it be passed with the amendments shown.

Introduction

This bill is intended to implement a comprehensive reform of search and surveillance legislation, both as regards the core substantive law enforcement powers, and the way search powers are exercised across the statute book. Many of the proposed changes are based on the Law Commission’s Search and Surveillance Powers report (NZLC R97). Currently, the search and inspection powers to be amended by the bill are spread across 69 different Acts, with many inconsistencies in the procedures applying to the exercise of powers. Some of these statutes are up to 50 years old, and do not cover technological advancements adequately. The bill codifies existing case law in some areas, while in other areas it clarifies aspects of the law that are unclear. Some of its provisions are entirely new and reflect technological developments or reforms carried out in other jurisdictions.

State agencies play an important role in upholding the law and creating a safe society for citizens to live and work in. To carry out this role, law enforcement agencies require coercive powers that would not be appropriate for ordinary citizens, exercising some of which will affect the rights and freedoms of individuals. We faced the difficult task of providing law enforcement agencies with adequate tools to operate in the modern environment, while at the same time ensuring their powers did not unreasonably impact on fundamental civil rights and liberties. The overwhelming majority of us believe the bill now provides for appropriate powers to allow law enforcement agencies to investigate criminal activity, by means including searches of electronic information and the use of surveillance devices.

We note that the bill as introduced has a number of new safeguards regarding these powers, including the introduction of a more rigorous appointment process for officers who issue search warrants, prescription of the content of warrant applications and warrants, and the imposition of reporting requirements in relation to a number of powers.

However, we took the view that further amendments were necessary to further restrict these powers. Accordingly, we recommend amending the bill in a number of ways to strengthen the safeguards intended to protect civil liberties and human rights, to limit the circumstances in which some of the more intrusive powers may be used, and to describe clearly to citizens and law enforcement agencies where the boundaries are between what can and cannot happen so that the 69 different Acts would be clear and updated for new technology.

When the bill was referred to us, we noted there was considerable disquiet from the public about the powers it would confer on enforcement officers, particularly those working for non-police agencies. We received submissions from a wide range of individuals and organisations, including the Privacy Commissioner, ANZ National Bank, law firms Bell Gully, Russell McVeagh and Chapman Tripp, the New Zealand Law Society, Amnesty International, Greenpeace, the New Zealand Council of Trade Unions, and the Human Rights Foundation. The overwhelming message we received was that the bill as introduced did not strike the correct balance between the competing values of law enforcement and human rights and that greater protection of civil liberties was needed.

Therefore we have significantly redrafted this bill. We were conscious of the need to ensure any areas of contention received thorough analysis, and provided an interim report to the House detailing the proposed changes to the bill. The release of our redrafted bill allowed a second period of public consultation, which we felt was extremely important in canvassing the opinions of not only those who originally submitted on the bill but also the wider public. We took the unusual step of hearing further submissions on the proposed amendments to the bill from some submitters, and many of those who had expressed concern about the bill as introduced expressed satisfaction that their concerns had been listened to and addressed by our amendments.

Throughout this process we have taken the concerns of the public extremely seriously, and we believe that the changes recommended in this report address many of them.

This commentary covers the significant amendments that we recommend to the bill; it does not cover minor or technical amendments.

Surveillance device regime

The surveillance device regime was an aspect of the bill that was particularly controversial. Accordingly, we focused a great deal of attention on this part of the bill and recommend a number of changes to address concerns.

Concern was expressed that the additional powers law enforcement officers would receive were disproportionate to the offending likely to be investigated and would extend their powers unnecessarily. We believe these are valid concerns.

Currently there is no single approach to the use of surveillance devices. The use of audio surveillance devices is covered by the Crimes Act 1961, and only the police may intercept private communications for the purposes of investigating crime. The interception regime is also limited to the investigation of more serious offending. The New Zealand Police and New Zealand Customs Service may use tracking devices under the authority of the Summary Proceedings Act 1957 (either by warrant, or without warrant in emergency situations). However, there is no regulation of the use of tracking devices by other agencies where it does not involve trespass to property. Similarly, there is no legislative regime regulating visual surveillance devices, which may be used without restriction by any enforcement officer where no trespass is involved. The provisions in this bill would ensure proper oversight and set appropriate thresholds on the use of both visual and tracking surveillance devices, while still ensuring these technologies were available to enforcement agencies in appropriate situations.

As introduced, the bill applies the surveillance device regime to all enforcement agencies covered by the bill in circumstances where a search warrant could be obtained. It treats all forms of surveillance devices in the same way. The effect of this would have been to extend significantly some forms of surveillance (such as that using audio surveillance devices) in terms of the types of offending and the agencies that could use them. On the other hand, the bill represents a significant tightening regarding the use of visual surveillance devices and the use of tracking devices by agencies other than the New Zealand Police and New Zealand Customs Service, where no specific legislative regime exists.

Regulation of more intrusive forms of surveillance

While the bill as introduced effectively treats all types of surveillance in the same way, we formed the view that some forms of surveillance have more effect on privacy than others and should be treated accordingly. It is our view that audio surveillance and the use of visual surveillance devices in circumstances that require enforcement officers to enter private property are intrusions upon privacy which should be authorised only for the investigation of the most serious offending.

Therefore we recommend amending Part 3 of the bill by inserting new clause 42AA. This would restrict audio surveillance and visual surveillance involving trespass to the investigation of offences punishable by seven years’ imprisonment or more, and offences under sections 44, 45, 50, 51, 54, and 55 of the Arms Act 1983. We believe providing an exemption to the threshold for Arms Act offences is necessary to recognise the particular threat that firearms pose. This exemption would allow police to carry out surveillance, as part of investigations into the illegal sale, possession, and supply of firearms.

The effect of limiting the use of these more intrusive forms of surveillance devices in this way would be in effect to limit which agencies would be permitted to employ these forms of surveillance as currently only the New Zealand Police, New Zealand Customs Service, and the Department of Internal Affairs (in respect of offending under the Films, Videos, and Publications Classification Act 1993) investigate such offending.

However, we consider that as the use of visual surveillance devices in circumstances involving a trespass and of audio surveillance devices is not currently available to non-police agencies, it would be desirable to ensure that these non-police agencies responsible for the investigation of serious offending were required to demonstrate that they had the necessary technical capability and appropriate policies and procedures before being allowed to use such forms of surveillance.

Accordingly, we recommend inserting clauses 45(5) and 45A to ensure that the bill goes further; they provide that the use of visual surveillance devices in circumstances involving a trespass and audio surveillance devices is limited to the police and to a “specified law enforcement agency” that has been approved for the purpose by Order in Council. Specified law enforcement agency is defined to mean the New Zealand Customs Service and the Department of Internal Affairs. Accordingly, any extension of these more intrusive forms of surveillance to any other enforcement agencies in the future would require consideration by Parliament. We consider this an appropriate limitation.

We believe these changes address the concerns about the surveillance device powers contained in the bill, particularly those regarding agencies other than the New Zealand Police conducting surveillance operations.

We recommend inserting new clause 50(3)(fa) into the bill to allow enforcement officers to obtain data associated with intercepted telecommunications. Under the bill as introduced, an enforcement officer carrying out audio surveillance could obtain the content of telecommunications but not data associated with the communications, such as the time a call was made or the numbers called, without a production order. We believe that such data is intrinsically linked to the content of the telecommunication and that an enforcement officer should not have to obtain two separate orders to gather both sets of information.

Warrantless surveillance period

We recommend amending clause 44(1) to reduce the warrantless surveillance period from 72 to 48 hours. This power would allow enforcement officers to use surveillance devices to investigate serious crimes before obtaining a warrant in certain circumstances of urgency or emergency if obtaining a warrant was not immediately possible. However we believe there is no reason that enforcement agencies would need 72 hours to obtain a warrant, and that 48 hours is a more appropriate time limit. This would give enforcement officers flexibility when they could not contact an issuing officer, while ensuring that proper oversight of the use of surveillance devices was retained.

We also recommend further amending clause 44(1) to provide that an enforcement officer could only undertake warrantless surveillance for a period not exceeding 48 hours from the time a surveillance device is first used. This change would address concern that enforcement officers could, for example, carry out surveillance for 47 hours, stop for a period, and then continue for a further 48 hours.

Retention of data

Many surveillance operations involve the collection of large quantities of raw data, much of which will not be evidential material. Raw data includes actual audio and visual recordings and full or substantial sections of audio transcripts. We are acutely aware of the fact that in such investigations, information will probably be collected about people who are innocent of any offending and we are conscious of the need to protect their privacy. We believe it is critical that the further retention and use of information for purposes beyond the immediate investigation be regulated in order to provide protection to such innocent people.

Accordingly, we recommend inserting new clause 56A, which would restrict the retention of raw surveillance data and information collected by law enforcement agencies. Under this clause raw surveillance data could be retained only

  • until the conclusion of criminal proceedings, including any appeal periods, in relation to an offence for which the raw surveillance data was collected

  • for a maximum of three years if no criminal proceedings had commenced but the data was required for an ongoing investigation

  • for a further period of not more than two years if a judge had made an order granting an extension on the basis that the data was required for an ongoing investigation or

  • if an agency had obtained an order from a judge allowing excerpts from raw surveillance data to be retained, provided the judge is satisfied that the excerpts might be required for a future investigation.

We also recommend inserting new clause 56A(5), which would allow a judge to place any conditions on an order for the retention of raw surveillance data which he or she felt appropriate, including time limits on the retention period. We believe that this judicial oversight would significantly strengthen the protection of civil liberties and the right to privacy, while ensuring that important intelligence information remained available to enforcement agencies seeking to investigate serious offending.

New clause 56A would also allow information extracted from raw surveillance data, which did not alone constitute raw surveillance data, to be kept when there were reasonable grounds to suspect that the information might be relevant to ongoing or future investigations. For example, if the police discovered during an investigation that an individual or organisation was in regular contact with a criminal group, the police would be allowed to record the fact of these possible links to criminal groups.

We also recommend amending clause 43 to enable an enforcement officer to apply for a surveillance device warrant where a party to a communication had consented to its interception and no warrant was required. This change is intended to address situations where, even though one party to the communication consents to its recording, network operators are unwilling to cooperate with enforcement officers and intercept the communication without a warrant authorising them to do so.

We recommend further changes to clause 43 to ensure that the bill would not apply to interception warrants issued under section 17 of the Government Communications Security Bureau Act 2003. The bill as introduced excludes interception warrants issued under section 4A(1) or (2) of the New Zealand Security Intelligence Service Act 1969. We believe this provision for the avoidance of doubt should also apply to the Government Communications Security Bureau.

Reporting requirements for surveillance device warrants

We recommend amending clause 53 in order to strengthen the safeguards in the bill by imposing more stringent reporting requirements on the use of surveillance device warrants, and to require that a report be made to the judge who issued the warrant or, if that judge was unavailable, another judge from the same court within one month of the expiry of the warrant. We also recommend inserting clauses 53(2)(ab) and (ba), which would require the report to state

  • whether any criminal proceedings had been brought or were being considered as a result of evidential material obtained through the surveillance device warrant, and

  • whether the evidential material obtained by using the surveillance device was specified in the surveillance device warrant.

Examination orders

Examination orders were one of the most contentious aspects of the bill. They are court orders allowing the police to require a person to answer questions where they have previously refused to do so. Concern was raised that this would remove an individual’s right to silence and the privilege against self-incrimination. It was also argued that people might resort to lying or provide information that was of little use.

We acknowledge these concerns, but we believe there are strong policy reasons for the examination order regime to remain in the bill. An examination power is available to the Serious Fraud Office under its Act for the purposes of investigating serious financial crime. The rationale is that such power is necessary because of the complex transactions that may be involved in such offending. In our view, it would be anomalous if such a power were available to the Serious Fraud Office but not to the police in relation to such offending as money laundering and other forms of organised crime which are also likely to involve particularly complex transactions and arrangements.

We also believe that examination orders would assist in situations where a person was reluctant to assist police on the grounds of professional confidentiality. This might happen, for example, in an investigation of serious financial offending. A professional who might have evidential material useful in prosecuting the case might refuse to assist police for fear of breaching professional standards or regulations. In this case an examination order would allow the person to assist without any risk of doing so.

Clause 132 of the bill would ensure that the privilege against self-incrimination under section 60 of the Evidence Act 2006 was preserved for a person subject to an examination order. We do not recommend removing this fundamental right. We note also that the proposed use of examination orders under the bill would be subject to more rigorous scrutiny than they would under the Serious Fraud Office Act 1990, as the bill would require prior judicial authorisation.

While we consider that examination orders should be available to the police, we recommend that thresholds be raised to ensure that examination orders would only be used to investigate very serious offending. This should establish an appropriate balance between ensuring examination orders were not too freely available and providing law enforcement agencies with an effective tool to investigate crime.

We recommend amending clause 32 to limit examination orders in the business context to offences carrying a maximum penalty of five years’ imprisonment or more. Under the bill as introduced examination orders could be obtained for the investigation of any offence punishable by a term of imprisonment. We consider this threshold to be too low and believe this amendment would ensure examination orders were used only in the investigation of serious offending.

For examination orders in the non-business context, we recommend setting an even higher threshold. Such examination orders would rely on information being obtained through personal relationships. People who might know about suspected offending in such situations might have legitimate reasons for being reluctant to co-operate, and could face serious ongoing consequences as a result of assisting the police. We therefore consider it appropriate that non-business-context examination orders should apply only to serious offending. We recommend amending clause 34(a) to limit their use to the investigation of serious or complex fraud offences carrying a maximum penalty of seven years’ imprisonment or more, and to offences committed, wholly or partly, by an “organised criminal group” as defined in section 98A(2) of the Crimes Act.

Examination orders would give police significant powers over individuals and we believe a robust oversight process is necessary to ensure they are used appropriately. While the bill as introduced provides that an application for an examination order may be made only by the Commissioner of Police, section 17 of the Policing Act 2008 allows the commissioner to delegate any of his or her powers, functions, or duties.

In order to ensure examination order applications receive proper scrutiny we are recommending amending clauses 31(1) and 33(1) so that only police officers holding the rank of Inspector or higher could make an application for an examination order, and that applications would have to be approved by a Deputy Commissioner, Assistant Commissioner, or District Commander before being submitted to a judge. We believe these measures are necessary to encourage the development of rigorous internal policies and to ensure examination orders do not come to be used routinely by police.

We also believe that it is important that the examination order regime be subject to stringent judicial and parliamentary oversight, and recommend inserting a number of new reporting requirements into the bill. They would make police accountable for their use of examination orders once they were issued, and ensure the system was transparent.

We recommend inserting new clause 40A to impose a reporting regime for examination orders. New clause 40A would require a police officer who carried out questioning pursuant to an examination order to report to the judge who made the order or, if that judge were unavailable, another judge from the same court within one month of completing the examination under the order. The report would have to include the following information:

  • whether the questioning resulted in evidential material being obtained

  • if any criminal proceedings had been brought or were being considered as a result of evidential material obtained through the examination order

  • any other information which the judge had asked to be included at the time of granting the examination order.

We also recommend amending clause 37 so that all examination orders would be subject to the reporting requirements set out in clause 40A.

Furthermore we recommend that the Commissioner of Police be required by new clause 162A to include in the New Zealand Police’s annual report the number of examination order applications granted and refused in the relevant period, and the number of people charged during the relevant period where evidential material obtained through an examination order made a significant contribution towards the laying of the charges.

Production orders

Production orders were another area of contention in the bill as introduced. Production orders would require a person to produce information or documents believed to be related to specific offending, and could apply on a single or on an ongoing basis for a maximum period of 30 days. Production order applications would be limited to enforcement officers who were permitted to apply for a search warrant for the offence under investigation.

We think it important to note that there has been some misunderstanding about the nature of the production order regime. It was intended that production orders would provide a less intrusive alternative to a search warrant in circumstances where the party subject to the order was willing to cooperate with enforcement officers. For example, if police needed to obtain bank records during the investigation of a crime then it would be less disruptive to the bank if it could retrieve the documents itself, rather than having the police come in and search through its records.

The regime also codifies existing case law, with the courts having previously ruled that a search warrant can be executed by the police sending the warrant to the party concerned and that party identifying and producing the relevant documents without the police physically conducting the search. It was suggested that the issuing of production orders should be restricted to judges; however we believe that as search warrants can be issued by other kinds of issuing officers, such as Justices of the Peace, there is no logical reason that a higher bar should be imposed for a less intrusive alternative to a search warrant.

It was also argued that people should be notified if law enforcement officers had obtained their personal information, such as their bank records, through the use of a production order. Once again we see no reason why this should apply when there is no comparable obligation regarding information gathered under a search warrant.

We also heard it argued that production orders should be more readily available. The Serious Fraud Office would be able to obtain production orders during the course of investigations into serious or complex fraud. If the director of the office believed documents might be relevant to the investigation, a production order could be issued by way of notice. It was argued that the police also investigate serious and complex crime, and that the difference in thresholds and judicial oversight was counter-intuitive. However we believe it is important for search powers to retain a level of judicial oversight. We note one of the underlying policy principles of the bill is that search powers should be exercised only after judicial consideration. In cases where there is a strong public interest in the information being obtained immediately, police already have warrantless search powers available to them.

Concern was raised about the way production orders would apply to telecommunications network operators. Clause 68 of the bill as introduced refers to a network operator’s “interception capability”. We were advised that this could mean telecommunications companies could be required to establish and maintain an interception capability for every agency that could conceivably obtain a production order. The effect of this would be twofold: firstly network operators would have to set up an expensive and complex system in order to intercept information, and secondly agencies could use production orders as a means of intercepting data so as to bypass the protections in the surveillance device regime.

We agree, and recommend that clause 68 be amended to reflect the intent of the production order regime more accurately. To make it clear that production orders cover only information and documents that have been stored in the normal course of business, we recommend amending clause 68 by removing the reference to “interception capability”, and making it clear that the term “document’’ does not cover information that a network operator would not store in the normal course of business, or anything the network operator does not have the capability to store. This would ensure that people and organisations were not expected to provide under a production order information that they would not normally keep. The removal of the reference to interception capability would ensure the clause remained consistent with the intention of the regime, as production orders are intended to cover only information already stored, and not to authorise interception.

We also recommend deleting the words “and monitoring orders” from the title of subpart 2 of Part 3, to prevent confusion as the subpart refers only to production orders.

Purpose clause

We recommend inserting new clause 4A into the bill. This would clarify the bill’s intent to balance law enforcement values against human rights and recognise the importance of human rights values in the context of search and surveillance powers.

Interpretation

We recommend inserting a new schedule into the bill to set out how Part 4 of the bill applies to the relevant Acts detailed in Part 5. We believe this would make the legislation more accessible and clearer to the public and to practitioners.

Recommended changes to police powers in the bill

We believe that the power to arrest and to set up road blocks without warrant to apprehend persons unlawfully at large should not be without limitation, and specifically that the power should not be available in relation to persons who are “unlawfully at large” simply by virtue of unpaid fines.

We recommend changing the definition of the term “unlawfully at large” in clause 3, so that a person would not be considered to be unlawfully at large if the warrant for their arrest had been issued under Part 3 of the Summary Proceedings Act or was a warrant for unpaid fines issued under the Crimes Act. We recommend inserting new clause 18A to allow a police constable to search any person found in or on a place or vehicle while executing a search warrant issued under the Misuse of Drugs Act 1975. This amendment reflects section 18(1) of that Act. We understand this provision was inadvertently left out of the bill as introduced and we recommend this oversight be corrected. We also recommend that clause 19 of subpart 7 be amended so that a police constable could carry out a warrantless search of a vehicle or place in relation to suspected offences under the Misuse of Drugs Act only when the constable believed, on reasonable grounds, that it was not practicable to obtain a warrant. This would represent a codification of existing case law.

We recommend inserting new clause 10(1)(aa) into the bill to allow police to obtain the details of a person in a vehicle only if the officer has reasonable grounds to suspect the person has committed an offence punishable by a term of imprisonment. We believe this would balance the powers and safeguards in the bill by ensuring people were not required to give their particulars without good cause, while still allowing police to ascertain the identities of individuals where necessary to investigate serious offending. We also recommend amending clause 30(c) to align police powers to require the details of people in a vehicle stopped at a road block with new clause 10(1)(aa).

We recommend that clause 14(2)(a) be amended by inserting “serious” before “loss”. This clause would then stipulate that a warrantless right of entry could be exercised only to prevent a crime causing serious loss of property, such as arson, and could not be applied to less serious offences such as shoplifting.

Residual warrant regime

We recommend deleting existing clauses 57 to 67 and replacing them with new clauses 57 to 61. This would recast the residual warrant regime as a “declaratory order” regime, and make it clear that activities, techniques, or devices which are not lawful or reasonable would not be authorised. The residual warrant regime was intended to give enforcement officers a degree of comfort that obtaining evidential material by using a new technique, procedure, or device would not contravene the New Zealand Bill of Rights Act 1990. The use of the term warrant in the bill suggests that enforcement officers would be authorised to do something they otherwise would not be permitted to do. Recasting it as a “declaratory order” would make it clear that the regime would simply provide judicial clarification that the intended activity, technique, or device was lawful and reasonable.

New clause 57(2) would make it clear that the granting of a declaratory order would not confer any special status on evidence collected using the device or technique authorised under the order. The evidence, and the way it was collected, would still have to comply with the New Zealand Bill of Rights Act and be subject to normal evidential tests at trial. We believe these amendments would facilitate the establishment of a regime under which enforcement agencies could undertake the investigation of crime in the modern era and keep pace with technological advancement, whilst ensuring novel technologies were employed in a way that was reasonable and appropriately respected those civil liberties and human rights codified in the New Zealand Bill of Rights Act.

Search powers

Concerns were raised about the warrantless powers of search and entry incidental to an arrest or detention that are contained in clauses 81 and 82 . Clause 81 would allow the house or home of an arrested person to be searched if there were reasonable grounds to believe evidential material relating to the offence for which the person was arrested was located there and evidential material would be destroyed, concealed, or damaged before a warrant could be obtained. We believe this strikes a better balance between enforcement powers and civil liberties than the current law, which allows searches of only the place or vehicle where the person is arrested but does not require any belief that evidential material will be located there. Similarly clause 82 would allow an enforcement officer to search a vehicle if there were reasonable grounds to believe evidential material relating to the offence for which the person was arrested was in a particular vehicle. We believe that a search of a person’s home or vehicle for evidential material can be justified even if they are not arrested there; but it is fundamentally important that there must always be a reasonable belief that evidential material will be found before a search is undertaken.

We also recommend amending clause 228, which would insert new section 199A into the Fisheries Act 1996. We recommend that the section be amended to make clearer the intent of the bill by stating that entry and search powers in the section may be exercised only where there are reasonable grounds to believe an offence against the Fisheries Act has been or is being committed.

We recommend amending clause 123 to remove the power to require particulars, and relocating it as a police-only power in clause 10. The requirement for a vehicle stopped by an enforcement officer exercising a power to stop or search to remain stopped for as long as it is reasonable for the purposes of the search or stopping would continue to apply to all enforcement agencies covered by the bill that exercise powers to search vehicles.

Computer searches

We recommend inserting new clause 87AD to create new definitions for computer searches. New clause 87AD(1) sets out a more comprehensive definition of what constitutes a computer system, and would allow enforcement officers access to computers with the capability to access the network concerned. In order to strengthen the protections in the bill these amendments would also make it clear that remote-access searching of computers would be permitted in only two situations: where a computer had the capability to lawfully access a computer system (and therefore was considered part of that system); and where there was no physical location to search (for example, in the case of web-based email that the user accesses from various locations such as internet cafes).

We also recommend moving the definition of access information from clause 125(2) of the bill to new clause 87AD(1), nearer to related definitions. New clause 87AD(2) would ensure that computers not accessing the network at the time of the search were nevertheless considered to be linked to the system if they had the capability to be lawfully connected to the network. We note that technological developments now allow people to access computer networks remotely. Computers may not be automatically connected to a network but users may still be able to link them into it. We were concerned that the bill as introduced does not address this issue, and that computers which have the capability to lawfully access a computer network might potentially not be searchable in an authorised search of that network.

We also recommend inserting new clause 126A. This would significantly strengthen the notice requirements set out in clause 126 by applying them to remote-access searches of internet data facilities. As it would not be practical for a warrant to be presented, notification would be in the form of an email sent to the email address of the facility being searched.

Strip searches

In order to ensure that the cultural and religious beliefs of persons being searched are adequately respected and protected, we recommend inserting new clause 120(1A) to require that all personal searches, rub-down searches, and strip searches be carried out in a sensitive and decent way, which affords the person being searched a degree of privacy and dignity consistent with achieving the purpose of the search.

We also recommend amending clause 121 to require law enforcement agencies that carry out strip searches to ensure that a copy of their strip search guidelines is publicly available on their websites.

Search warrants

In order to strengthen the protections in the bill we recommend amending clause 101(4)(a) to require a search warrant to state the name or other individual designation of the issuing officer. In the bill as introduced the names of the issuing officers must appear on the warrant. Concern was raised that this could pose a risk to issuing officers’ safety, and we recommend that the bill be amended to allow issuing officers to provide a form of identification other than their name on warrants.

Concern was also raised about the ability for warrants to be issued following oral communication between an enforcement officer and an issuing officer under clause 98(3). We are satisfied that clause 98(3) contains sufficient safeguards to ensure that this provision would be used only in very specific circumstances. We believe this clause would allow enforcement officers in remote areas to obtain warrants more easily in appropriate circumstances.

We recommend inserting new clause 106A to prevent issuing officers from considering search warrant applications from agencies where they are employed, in order to eliminate any potential conflict of interest and strengthen the safeguards in the bill. We were concerned that issuing officers might feel unable to decline an application made by a superior within the same organisation, and believe new clause 106A would protect against such a situation occurring. We also recommend amending clause 106 to give the Attorney-General the power to remove issuing officers for a justifiable reason. We recommend inserting clauses 106(1A) and 106(5) to prevent enforcement officers from acting as issuing officers and to require the Attorney-General to remove an issuing officer from that office should they become an enforcement officer. We believe these amendments would strengthen the processes and procedures for the issuing of search warrants.

We recommend a number of changes to clause 108, including amending the permissible search times in clause 108(a) from “any time which is reasonable in the circumstances” to “any time which is reasonable”.

The bill as introduced sets out those circumstances in which a search power may be exercised. For the avoidance of confusion and the protection of those involved in the search, whether it is the enforcement officer or the owner of the property being searched, we recommend amending clause 108(c) to make it clear that the ability to use force applies in relation to property only and not people. We also recommend inserting clause 111(3), which explicitly states that any powers contained in clauses 108(c) and 110(2)(b) do not authorise the use of force against any person.

We further recommend amending clause 108(c) to bring the provisions for the seizure of property into line with the language used in clause 110(2)(e).

We recommend making clauses 108(d), 110(2)(d), and 114 subject to new clause 111(2). This would restrict the power to detain a person while conducting a search to enforcement officers who were investigating offences for which they had a related power of arrest. This amendment would ensure this power was used only by enforcement officers who were appropriately trained to detain people. In the bill as introduced, clause 113 would allow enforcement officers to temporarily secure a search scene once a warrant application had been made. We recommend tightening up this clause by limiting it to situations where there are reasonable grounds to suspect evidential material will be destroyed, removed, hidden, or tampered with.

Plain view searches

Concern was also raised that clause 119 would allow enforcement officers to search premises for evidential material outside the scope of the search warrant. We carried out extensive consultation on this issue. Clause 119 would allow enforcement officers to seize items in “plain view” which might not be linked to the initial reason for the search. Enforcement officers would not be allowed to search more extensively than would be permissible given the reasons for the warrant being issued, for example by searching in a wardrobe when executing a search warrant in relation to a stolen car. Clause 119 would merely allow officers to seize evidence of other offending discovered by an enforcement officer in the course of carrying out other lawful duties (such as a search in relation to other suspected offending). We believe there are sufficient safeguards to prevent agencies undertaking fishing expeditions.

Privilege and confidentiality

We recommend amending clause 135 in order to clarify the way the claim of privilege works. We are aware of concern about whether the bill’s provisions for assessing privilege were adequate, and the risk that potentially privileged information could be viewed by an enforcement officer pending a determination from the courts. Our recommended amendments to clause 135 would strengthen the bill and make it clear that no search could occur pending the determination of a claim of privilege, and that the person claiming privilege must have access to or be given a copy of any information seized by an enforcement officer exercising a search power while the claim was pending.

Furthermore clause 130(1)(i) aligns the bill with section 68 of the Evidence Act 2006, which provides for journalists to protect certain sources.

We recommend amending clause 100 to prevent a warrant being issued to seize anything protected by legal privilege unless there is a prima facie case that the thing in question was prepared or compiled for a dishonest purpose or made in order to commit or to plan to commit an offence. This would ensure consistency with the equivalent provision in the Evidence Act. We also recommend consequential amendments to clause 130(2), which relates to recognition of privilege, and clause 49, which covers surveillance device warrants.

Reporting requirements

We recommend a number of amendments to the reporting requirements in clauses 162 to 164. These requirements are intended to strengthen the protections in the bill by helping both Parliament and the relevant agencies to assess whether search and surveillance powers are being used appropriately and are providing useful information for the purposes of law enforcement. Concern has been expressed about the feasibility of some of these requirements. We recommend amending the following clauses:

  • clause 164(f), to require less specific reporting of the nature of a device, technique, procedure, or an activity authorised by a declaratory order

  • clauses 163(1)(e) and 164(h), to remove the requirement to report the number of occasions that criminal proceedings are not brought within 90 days of the use of a surveillance device or the exercising of a declaratory order

  • clause 163(1)(c), to simplify reporting of the use of warrantless surveillance devices, so that the report need only specify the numbers of times each type of surveillance device was used for fewer than 24 hours, or between 24 and 48 hours

  • clauses 162(1AA) and 162A(1), to confine the warrantless powers on which police are required to report to those set out in Part 2 and Part 3 of the bill

  • clauses 163(1)(d) and 164(g), to make it clear what must be reported is the number of persons charged with criminal proceedings where the collection of evidential material relevant to those proceedings was significantly assisted by the search, surveillance, or activity carried out under a declaratory order.

We also recommend amending clause 171 to make it an offence for anyone to disclose information obtained through the use of a search power, an examination order, activities carried out under a declaratory order, a surveillance power, or a production order. Currently clause 171 covers only people involved in the investigation. This amendment would prevent such information being disclosed regardless of how it came into the possession of the person unlawfully disclosing it.

Inspection powers

Part 4 of the bill would give a number of ancillary powers, including the power to use force, to regulatory agencies conducting an inspection. We are aware of concern that this would give regulatory agencies greater powers than necessary. Particular concern was expressed that Part 4 would give regulatory agencies the power to use force. We believe it is important to emphasise that if the police were required to accompany regulatory officers they would have no greater powers to use force against property by virtue of being police officers than the regulatory officers. The powers are derived from the relevant legislation, not necessarily from an enforcement officer’s position. We do not believe that these powers are unreasonable, and consider that they in fact achieve a balance between the protection of civil liberties and the provision of the powers required by enforcement agencies to do their job.

Clause 108(c) states that the use of force must be reasonable for the purposes of the entry and search. This clause merely reflects the existing position under a number of statutes. If regulatory agencies did not have the use of reasonable force people could frustrate searches by refusing to cooperate, for example by refusing to unlock a filing cabinet containing relevant documents or by not allowing animal welfare officers into locked farm buildings.

Green Party minority view

The Green Party is thankful that the committee has given this bill thorough consideration, and has allowed a second round of public submissions. We also support most of the amendments the committee has made to the bill. They generally restrict search and surveillance powers more than the original bill, and improve accountability provisions.

However, the Green Party still considers the bill as a whole to be a major erosion of our civil liberties.

Two striking examples of this are the provisions for Examination and Production Orders. These violate people’s traditional right to silence, other than when giving evidence in court. This right is now to be violated, not only for those suspected of an offence, but all those spouses, friends, and colleagues of the suspect, in fact anyone who might have some information on the alleged offence. They will be required to answer questions or produce documents or face the possibility of a term in prison.

We are concerned that Production Orders can be enforced by a range of State agencies other than the police. While Examination Orders will be more restricted, mainly applying to offences carrying a seven-year prison term, these offences can include such things as intentional damage–charges that have been laid against non-violent dissenters. If a dissenting group is deemed by police to be an “organised criminal group”, as has happened recently, then a warrant for an Examination Order can be granted. We are also conscious that once this new principle of using Examination Orders in a non-business context is established, the range of qualifying offences can be subsequently expanded.

The Green Party is worried about moves in the direction of a surveillance State contained in this bill, with all its provisions for visual and audio surveillance, tracking people, and intercepting their communications. Judges will also be given the power to give warrants for other, as yet untried, surveillance techniques, under what are to be known as “declaratory orders”. Surveillance using heat or smell detectors have been mentioned as possibly being covered under declaratory orders. We believe that if the State wishes to use such new forms of surveillance, then a proposal should go before Parliament, rather than the new means simply being authorised by a judge.

The advance of digital technology means that all the mentioned forms of surveillance are now cheaper and easier for the agencies to use, and the targets of surveillance are less likely to find out. Tracking devices being miniaturised means it is simple to put one under a person’s car, and all of a person’s electronic communications (phone calls, texts, and emails) can be intercepted and checked in their thousands once systems are in place at service providers. Facial recognition technology can quickly scan photos and videotapes to find out where a target was at a particular point of time.

The Green Party is against allowing warrants for such types of surveillance to be granted to dozens of State agencies. Most of these State agencies have no independent complaints systems comparable with the Independent Police Conduct Authority.

Perhaps the most offensive surveillance warrant is the one allowing State agents to trespass a home and install a covert video camera in a family’s private space. Serious criminality is not so rampant in this country as to justify such an extreme intrusion on people’s privacy. We don’t think the assurance that this measure will only apply to higher-level offences is sufficient justification. It should be noted that this bill explicitly allows this extreme surveillance to apply to thousands of New Zealanders who each year are guilty of minor violations of our gun laws. This specific power will be able to be provided not only to police, but also to Customs and the Department of Internal Affairs.

Other State agencies which don’t have this most intrusive power will, however, be given the power to covertly tape conversations between their agents and anyone they believe has information relevant to an offence.

While this bill does not give extra agencies the general power to search, it does give many of the agencies a more specified set of powers, including powers that most of these agencies have never used before.

Many agencies are now specifically granted the power to seize computers and make a “forensic” copy of the information on them. We believe that searching through people’s computer files is hugely intrusive and such a power should not be so widely granted. So many personal and private activities are now recorded on people’s computers. While searches are supposed to focus on evidence relating to the charges specified in the warrant, computer searches lay themselves open to abuse. It is not hard for the “key word” searching of the “forensic copy” of a hard drive to be manipulated to disclose a wide range of information. It would be hard to stop computer searches being used for “fishing expeditions” particularly when the bill allows the collection and use of evidence on unrelated charges if it comes into “plain view” during a search.

This “plain view” provision doesn’t just apply in computer searches. It is available to be used by all agencies searching premises and gives them more powers than they have previously had, with a potential for them to be abused.

The Green Party also shares the concern of the Media Freedom Committee, in its submission to the committee, that police searches of media offices might uncover confidential sources before the media organisation had its chance to challenge the seizure of the information under section 68 of the Evidence Act, which gives journalists a right to protect certain sources.

In summary, the Green Party does not believe the supporters of this Bill have explained why, at this point in our nation’s history, we need to give such extra powers to police and other State agencies, and in the process erode hard-won civil liberties.

New Zealand Labour minority view

The Labour Party concurs with the report, with the exception of the proposed regime to allow the police to obtain examination orders and production orders.

Examination and production orders are exceptions to, and override, the right to silence. They can be used to require a party to answer questions or produce documents. Police can currently ask questions and obtain and execute search warrants, but witnesses or suspects or those who hold evidence, do not have to answer questions or offer up documents.

The Serious Fraud Office (SFO) is currently the only State agency with the power to issue examination orders and production orders. The SFO has taken to using those powers too frequently, rather than relying upon conventional investigation techniques and warranted searches in all but exceptional cases where the use of these orders is justified. This is an example of how when extra powers are given to an arm of the State that agency can utilise them more frequently than Parliament intended. In recent weeks the SFO has also used those powers to order the production of documents in the possession of the National Business Review as part of the SFO inquiry into the collapse of South Canterbury Finance. This concerns us greatly.

The freedom of the press to investigate and report on issues of public interest is an important part of New Zealand’s constitutional settings. Putting the confidentiality of their sources at risk means that sources will be less willing to confide in them in the future. This undermines the role of the fourth estate and is to the detriment of the general public. It shows how careful we need to be before conferring power of this kind to State agencies.

We were unable to include additional controls on SFO powers and processes concerning production or examination orders through this bill because we were advised they were beyond the scope of the current bill.

The Labour Party enquired of the Government via select committee members and officials whether the Government was willing to tighten the use of production and examination orders by the SFO at the same time as similar powers were being conferred upon the police under this bill. Officials advised that the Government was not willing to do so.

The recommendations of the committee do tighten the rules applying to the use of examination and production orders by the police compared with the form of the bill that came to select committee.

Despite this, the range of offences includes offences with a maximum sentence of 5 years or more in a business context and 7 years or more in a non-business context. While these are not minor offences, not all are the most serious and the range of offences is broad. Additionally there are no specific provisions to protect freedom of the press and the confidentiality of their sources.

Unless further restrictions on the use of such power for both the SFO and the police are agreed by the Government, we will oppose this extension of powers to the police.

Appendix

Committee process

The Search and Surveillance Bill was referred to us on 4 August 2009. The closing date for submissions was 18 September 2009. We received and considered 48 submissions from interested groups and individuals. We heard 24 submissions.

On 6 August 2010 we made an interim report to the House and released for further comment from interested groups and individuals a revision-tracked version of the bill, the departmental report, and other advice we had received. We received and considered 379 further submissions following the release of the interim report. We heard five further submissions.

We received advice from the Ministry of Justice and the Law Commission.

Committee membership

Chester Borrows (Chairperson)

Jacinda Ardern

Kanwaljit Singh Bakshi

Simon Bridges

Dr Kennedy Graham

Hekia Parata

Hon David Parker

Lynne Pillay

Paul Quinn

Keith Locke replaced Dr Kennedy Graham for this item of business.


Key to symbols used

text inserted

text deleted

This is an HTML version of the Bill. To see whether amendments are unanimous or majority, and whether they are select committee or committee of the whole House amendments, refer to the PDF version. Placing the cursor over the amendment will also give you this information.


Hon Simon Power

Search and Surveillance Bill

Government Bill

45—2

Contents

1 Title

2 Commencement

Part 1
General provisions

3 Interpretation

4 Act binds the Crown

4A Purpose

Part 2
Police powers

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

5 Internal searches generally prohibited

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 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

18A Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants

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 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

Subpart 8Warrantless powers in relation to offences against section 202A of Crimes Act 1961

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

Subpart 9Warrantless search of vehicle for stolen property

27 Power to search vehicles without warrant for stolen property

Subpart 10Warrantless powers relating to road blocks

Warrantless powers relating to road blocks and road closures

28 Obtaining authorisation for warrantless road block

29 Duration and record of warrantless road block authorisation

30 Authorised road blocks implemented without warrant

Subpart 11Examination orders

Examination orders in business contexts

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

32 Conditions for making examination order in business context

Examination orders in contexts other than those of business

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

34 Conditions for making examination order in non-business context

Other provisions that apply to examination order applications

35 Other provisions that apply to examination order applications

Making examination orders and contents of examination orders

36 Judge may make examination order

37 Form and content of examination order

Other provisions relating to examination orders

38 Presence of lawyer

39 Duration of examination order

40 Other provisions that apply to examination orders

Examination order reports

40A Examination order reports

Subpart 12Other matters

41 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

42AA Restrictions on some trespass surveillance and use of interception device

Surveillance device warrants

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

Application for surveillance device warrant

45 Application for surveillance device warrant

45A Approval of law enforcement agencies other than Police to carry out visual trespass surveillance and use interception devices

46 Conditions for issuing surveillance device warrant

46 Conditions for issuing surveillance device warrant

47 Other provisions that apply to surveillance device warrant applications

Issuing of surveillance device warrant

48 Who may issue surveillance device warrant

49 Restrictions on issue of surveillance device warrant

50 Form and content of surveillance device warrant

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

51 Carrying out authorised surveillance activities

51A Admissibility of evidential material relevant to other offences

Other provisions applying to surveillance device warrants

52 Other provisions that apply to surveillance device warrants

Surveillance device warrant reports

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

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

56A Retention of raw surveillance data, excerpts, and information obtained

56B Disposal of raw surveillance data, excerpts, and information obtained

Residual warrants

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

Issuing of residual warrants

61 Who may issue residual warrant

62 Restrictions on issue of residual warrant

63 Form and content of residual warrant

Carrying out activities authorised by residual warrants

64 Carrying out activities authorised by residual warrant

Other provisions that apply to residual warrants

65 Other provisions that apply to residual warrants

Residual warrant reports

66 Residual warrant report

67 Actions on receipt of report

Declaratory orders

57 What is a declaratory order

Applying for declaratory order

58 When to obtain declaratory order

59 Application for declaratory order

Making declaratory order

60 Who may make declaratory order

61 Form and content of declaratory order

Subpart 2Production orders

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

Subpart 3Police and Customs officer powers to search in relation to delivery under section 12 of Misuse of Drugs Amendment Act 1978

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

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

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

Part 4
General provisions in relation to search and inspection powers

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

Application of rules

87AA General application rules

87AB Relationship between this Part and Part 5

87AC Interpretation

87AD Definitions related to computers

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

Consent searches

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

Subpart 2Search warrants

94 Application of sections 95 to 99

95 Interpretation

Application for search warrant

96 Application for search warrant

97 Application must be verified

98 Mode of application for search warrant

99 Retention of documents

Issuing of search warrant

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

106A Limitation on jurisdiction of certain issuing officers

Subpart 3Carrying out search powers

107 Application

108 Search powers

108A Remote access search of thing authorised by warrant

109 Items of uncertain status may be seized

110 Powers of persons called to assist

110A Powers of persons called to assist remote access search

111 Limitation on exercise of powers

Giving directions

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

Establishing search scene

113 Special powers where application for search warrant pending

Detention of person at search scene

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

Powers of search incidental to powers of arrest

115 Powers of search incidental to power of arrest

116 Powers of search when suspect pursued

Stopping vehicles with or without warrant for purposes of search

117 Stopping vehicles with or without warrant for purposes of search

Moving vehicle for safekeeping and other purposes

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

Seizure of items in plain view

119 Seizure of items in plain view

Search of persons

120 Special rules about searching persons

121 Guidelines and rules about use of strip searching

Search warrants to enter and search vehicles

122 Search warrants to enter and search vehicles

Provision of particulars and other information

123 Power to require particulars

Duty to remain stopped

123 Duty to remain stopped

Duty to provide information

124 Duty to provide information

Computer system searches

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

Identification and notice

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

126A Identifications and notice requirements for remote access search

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

Subpart 4Privilege and confidentiality

General

130 Recognition of privilege

131 Lawyers' trust accounts

Examination orders and production orders

132 Privilege against self-incrimination

133 Other privileges

Surveillance

134 Effect of privilege on surveillance conducted under this Act

Search warrants and other search powers

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

Admission of evidence generally

141 Admission of evidence

Subpart 5Procedures applying to seized or produced materials

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 the Crown if ownership not established

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

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

Subpart 6Immunities

157 Immunities of issuing officer

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

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

160 Immunity of the Crown

161 Relationship between sections 157 to 160 and other enactments

Subpart 7Reporting

162 Reporting of exercise of powers within law enforcement agency

162A Annual reporting of search and surveillance powers by Commissioner

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

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

Subpart 8Offences

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 declaratory order

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 system search

171 Offence to disclose information acquired through search or surveillance

Subpart 9Miscellaneous

172 Effect of proceedings

173 Service of orders and notices

174 Application of certain provisions

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

175 Amendments to Agricultural Compounds and Veterinary Medicines Act 1997

176 Powers of entry for inspection

177 Issue of search warrants

178 Powers of entry with warrant

179 Disposal of property seized

Amendments to Animal Products Act 1999

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

Amendments to Animal Welfare 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

Amendment to Antarctic Marine Living Resources Act 1981

190 Amendment to Antarctic Marine Living Resources Act 1981

Amendments to Antarctica (Environmental Protection) Act 1994

191 Amendments to Antarctica (Environmental Protection) Act 1994

Amendments to Aviation Crimes Act 1972

192 Amendments to Aviation Crimes Act 1972

Amendments to Biosecurity Act 1993

193 Amendments to Biosecurity Act 1993

Amendment to Boxing and Wrestling Act 1981

194 Amendment to Boxing and Wrestling Act 1981

195 New section 9 substituted

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

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

197A Amendments to Part 10 of Children, Young Persons, and Their Families Act 1989

198 New section 445A substituted

198 New section 445D inserted

Amendments to Civil Aviation Act 1990

199 Amendments to Civil Aviation Act 1990

Amendments to Commodity Levies Act 1990

200 Amendments to Commodity Levies Act 1990

Amendments to Conservation Act 1987

201 Amendments to Conservation Act 1987

Amendments to Customs and Excise Act 1996

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

Amendments to Dairy Industry Restructuring Act 2001

212 Amendments to Dairy Industry Restructuring Act 2001

Amendments to Dog Control Act 1996

213 Amendments to Dog Control Act 1996

214 Power of entry

215 Other amendments to Dog Control Act 1996

Amendments to Driftnet Prohibition Act 1991

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

Amendments to Employment Relations Act 2000

221 Amendments to Employment Relations Act 2000

Amendments to Extradition Act 1999

222 Amendments to Extradition Act 1999

Amendments to Films, Videos, and Publications Classification Act 1993

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

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

225 New section 110 substituted

225A Section 118 repealed

Amendments to Financial Transactions Reporting Act 1996

226 Amendments to Financial Transactions Reporting Act 1996

Amendments to Fisheries 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

Amendments to Food Act 1981

231 Amendments to Food Act 1981

Amendments to Gambling Act 2003

232 Amendments to Gambling Act 2003

Amendments to Hazardous Substances and New Organisms Act 1996

233 Amendments to Hazardous Substances and New Organisms Act 1996

Amendments to Health and Safety in Employment Act 1992

234 Amendments to Health and Safety in Employment Act 1992

Amendments to Health Practitioners Competence Assurance Act 2003

235 Amendments to Health Practitioners Competence Assurance Act 2003

Amendments to Human Assisted Reproductive Technology Act 2004

236 Amendments to Human Assisted Reproductive Technology Act 2004

Amendments to Human Tissue Act 2008

237 Amendments to Human Tissue Act 2008

Amendments to Immigration Advisers Licensing Act 2007

238 Amendments to Immigration Advisers Licensing Act 2007

239 New sections 56 and 57 substituted

240 Other amendments to Immigration Advisers Licensing Act 2007

Amendments to International Crimes and International Criminal Court Act 2000

241 Amendments to International Crimes and International Criminal Court Act 2000

Amendments to International War Crimes Tribunals Act 1995

242 Amendments to International War Crimes Tribunals Act 1995

Amendments to Land Transport Act 1998

243 Amendments to Land Transport Act 1998

Amendments to Local Government Act 2002

244 Amendments to Local Government Act 2002

245 Seizure of property from private land

246 Other amendments to Local Government Act 2002

Amendments to Major Events Management Act 2007

247 Amendments to Major Events Management Act 2007

Amendments to Marine Mammals Protection Act 1978

248 Amendments to Marine Mammals Protection Act 1978

249 Powers of search

249 Powers of search

250 New section 14 substituted

Amendments to Marine Reserves Act 1971

251 Amendments to Marine Reserves Act 1971

Amendments to Maritime Security Act 2004

252 Amendments to Maritime Security Act 2004

Amendments to Maritime Transport Act 1994

253 Amendments to Maritime Transport Act 1994

254 Amendments to Part 30 of Maritime Transport Act 1994

255 New sections 454 and 455 substituted

Amendments to Meat Board Act 2004

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

Amendments to Motor Vehicle Sales Act 2003

259 Amendments to Motor Vehicle Sales Act 2003

Amendments to National Parks Act 1980

260 Amendments to National Parks Act 1980

Amendments to Overseas Investment Act 2005

261 Amendments to Overseas Investment Act 2005

Amendments to Ozone Layer Protection Act 1996

262 Amendments to Ozone Layer Protection Act 1996

263 Search warrants

264 New section 25 substituted

265 Return or forfeiture of property seized

Amendment to Petroleum Demand Restraint Act 1981

266 Amendment to Petroleum Demand Restraint Act 1981

Amendments to Pork Industry Board Act 1997

267 Amendments to Pork Industry Board Act 1997

Amendments to Prostitution Reform Act 2003

268 Amendments to Prostitution Reform Act 2003

Amendments to Radiation Protection Act 1965

269 Amendments to Radiation Protection Act 1965

Amendments to Radiocommunications Act 1989

270 Amendments to Radiocommunications Act 1989

Amendments to Reserve Bank of New Zealand Act 1989

271 Amendments to Reserve Bank of New Zealand Act 1989

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

273 Further amendments to Reserve Bank of New Zealand Act 1989

Amendments to Reserves Act 1977

274 Amendments to Reserves Act 1977

Amendments to Resource Management Act 1991

275 Amendments to Resource Management Act 1991

Amendments to Sale of Liquor Act 1989

276 Amendments to Sale of Liquor Act 1989

Amendment to Social Security Act 1964

277 Amendment to Social Security Act 1964

278 New section 128A inserted

Amendments to Tax Administration Act 1994

279 Amendments to Tax Administration Act 1994

Amendments to Trade in Endangered Species Act 1989

280 Amendments to Trade in Endangered Species Act 1989

Amendments to Unsolicited Electronic Messages Act 2007

281 Amendments to Unsolicited Electronic Messages Act 2007

Amendments to Wild Animal Control Act 1977

282 Amendments to Wild Animal Control Act 1977

Amendments to Wildlife Act 1953

283 Amendments to Wildlife Act 1953

Amendments to Wine Act 2003

284 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

285 Amendments to Anti-Personnel Mines Prohibition Act 1998

Amendments to Chemical Weapons (Prohibition) Act 1996

286 Amendments to Chemical Weapons (Prohibition) Act 1996

Amendments to Commerce Act 1986

287 Amendments to Commerce Act 1986

Amendment to Credit Contracts and Consumer Finance Act 2003

288 Amendment to Credit Contracts and Consumer Finance Act 2003

Amendments to Electricity Act 1992

289 Amendments to Electricity Act 1992

Amendments to Fair Trading Act 1986

290 Amendments to Fair Trading Act 1986

Amendments to Forests Act 1949

291 Amendments to Forests Act 1949

Amendments to Gas Act 1992

292 Amendments to Gas Act 1992

Amendment to International Energy Agreement Act 1976

293 Amendment to International Energy Agreement Act 1976

Amendments to Weights and Measures Act 1987

294 Amendments to Weights and Measures Act 1987

Subpart 3Other repeals and amendments

Amendments to Arms Act 1983

295 Arms Act 1983 amended

Amendments to Corrections Act 2004

296 Corrections Act 2004 amended

Amendments to Crimes Act 1961

297 Crimes Act 1961 amended

Amendment to District Courts Act 1947

298 District Courts Act 1947 amended

299 New section 17A substituted

Amendment to Electricity Industry Reform Act 1998

300 Electricity Industry Reform Act 1998 amended

Amendment to Health Act 1956

301 Health Act 1956 amended

Amendments to Misuse of Drugs Act 1975

302 Misuse of Drugs Act 1975 amended

303 New section 18 substituted

304 Application of Customs and Excise Act 1996

Amendments to Misuse of Drugs Amendment Act 1978

305 Misuse of Drugs Amendment Act 1978 amended

Amendment to Mutual Assistance in Criminal Matters Act 1992

306 Mutual Assistance in Criminal Matters Act 1992 amended

Amendments to Policing Act 2008

307 Policing Act 2008 amended

Amendment to Proceeds of Crime Act 1991

308 Proceeds of Crime Act 1991 amended

Amendments to Summary Proceedings Act 1957

309 Summary Proceedings Act 1957 amended

Amendment to Telecommunications Act 2001

310 Telecommunications Act 2001 amended

Amendment to Telecommunications (Interception Capability) Act 2004

311 Telecommunications (Interception Capability) Act 2004 amended

Repeal of Telecommunications (Residual Provisions) Act 1987

312 Telecommunications (Residual Provisions) Act 1987 repealed

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

313 Regulations

Transitional provisions

314 Transitional provision in relation to reporting requirements

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

Review provision

316 Review of operation of Act

Schedule 
Powers in other enactments to which all or part of Part 4 of Search and Surveillance Act 2008 applies


The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Search and Surveillance Act 2009.

2 Commencement
  • (1) This Act comes into force on a date appointed by the Governor-General by Order in Council, and 1 or more Orders in Council may be made bringing different provisions into force on different dates.

    (2) To the extent that it is not previously brought into force under subsection (1), the rest of this Act comes into force on 1 April 2011 2012.

Part 1
General provisions

3 Interpretation
  • In this Act, unless the context otherwise requires,—

    arms means any firearm, airgun, pistol, restricted weapon, imitation firearm, or explosive (as those terms are defined in section 2 of the Arms Act 1983), or any ammunition

    business context, in relation to the acquisition of any information by a person, means the acquisition of the information in the person's capacity as—

    • (a) a provider of professional services or professional advice in relation to a person who is being investigated, or 1 or more of whose transactions are being investigated, in respect of an offence; or

    • (b) a director, manager, officer, trustee, or employee of an entity that is being investigated, or 1 or more of whose transactions are being investigated, in respect of an offence

    chief executive

    • (a) means the chief executive (however described) of any department of State, Crown entity, local authority, or other body that employs or engages enforcement officers as part of its functions; and

    • (b) includes the Commissioner

    Commissioner means the Commissioner of Police

    constable has the same meaning as in section 4 of the Policing Act 2008

    controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975

    Crown entity has the same meaning as in section 7(1) of the Crown Entities Act 2004

    Customs officer has the meaning given to it in section 2(1) of the Customs and Excise Act 1996

    District Court Judge means a Judge appointed under the District Courts Act 1947

    enforcement officer, except in Parts 4 and 5,

    • (a) means any of the following persons:

      • (i) a constable:

      • (ii) any person authorised by this Act or any relevant enactment an enactment specified in column 2 of the Schedule to exercise a power of entry, search, or seizure; but

    • (b) does not include any person referred to in paragraph (a)(ii) in relation to the exercise by that person of any power of entry, search, or seizure under any enactment that is not—

      • (i) part of this Act; or

      • (ii) a relevant enactmentan enactment specified in column 2 of the Schedule

    equipment includes fingerprint powder and any chemical or other substance used for law enforcement purposes

    evidential material, in relation to a particular offence, means evidence or any other item, tangible or intangible, of relevance to the investigation of the offence

    examination order means an examination order made under section 36

    informant has the same meaning as in section 6(1) of the Criminal Disclosure Act 2008

    intercept, in relation to a private communication, includes hear, listen to, record, monitor, acquire, or receive the communication either—

    • (a) while it is taking place; or

    • (b) while it is in transit

    interception device

    • (a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept or record a private communication (including a telecommunication); but

    • (b) does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

    issuing officer means—

    • (a) a Judge:

    • (b) a person, such as a Justice of the Peace, Community Magistrate, Registrar, or Deputy Registrar, who is for the time being authorised to act as an issuing officer under section 106

    Judge means a District Court Judge or a Judge of the High Court

    law enforcement agency means any department of State, Crown entity, local authority, or other body that employs or engages enforcement officers as part of its functions

    local authority means a local authority within the meaning of section 5(1) of the Local Government Act 2002

    medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

    non-business context means a context other than a business context

    non-private premises means premises, or part of a premises, to which members of the public are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport, or shop

    nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

    Police article has the same meaning as in section 4 of the Policing Act 2008

    Police bail has the same meaning as in Part 2 of the Bail Act 2000

    Police employee has the same meaning as in section 4 of the Policing Act 2008

    Police uniform has the same meaning as in section 4 of the Policing Act 2008

    precursor substance has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975

    private activity means activity that, in the circumstances, any 1 or more of the participants in it ought reasonably to expect is observed, intercepted, or recorded by no one except the participants

    private communication

    • (a) means a communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but

    • (b) does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so

    private premises means a private dwellinghouse, a marae, and any other premises that are not within the definition of non-private premises

    production order means a production order made under section 72

    raw surveillance data

    • (a) means actual video recordings or actual audio recordings; and

    • (b) includes full transcripts, or substantial parts of transcripts, of audio recordings

    relevant enactment,—

    • (a) in relation to a provision in Part 4 of this Act,—

      • (i) means—

        • (A) an enactment that is not part of this Act but in respect of which all of Part 4 is expressly applied; or

        • (B) an enactment that is not part of this Act but in respect of which that particular provision in Part 4 or the subpart that the provision forms part of is expressly applied; but

      • (ii) does not include any section or subsection in an Act, or regulation or subclause in regulations, as the case requires, unless all of Part 4 or the subpart that the provision forms part of or the particular provision in Part 4 is expressly applied in respect of that section or subsection or regulation or subclause, as the case requires; and

    • (b) in relation to any other provision in this Act,—

      • (i) means an enactment that is not part of this Act but in respect of which Part 4 of this Act or any subpart or provision in Part 4 is expressly applied; but

      • (ii) does not include any section or subsection in an Act or regulation or subclause in regulations, as the case requires, unless Part 4 or any subpart or any provision of Part 4 is expressly applied in respect of that section or subsection or regulation or subclause, as the case requires

    road block means any form of barrier or obstruction preventing or limiting the passage of vehicles

    rub-down search means a search described in sections 83(2), 84, and 85

    strip search means a search where the person conducting the search may require the person being searched to remove, raise, lower, or open all or any of the clothing of the person being searched

    strip search means a search where the person conducting the search may require the person being searched to undress, or to remove, raise, lower, or open any item or items of clothing so that the genitals, buttocks, or (in the case of a female) breasts are—

    • (a) uncovered; or

    • (b) covered only by underclothing

    surveillance device means a device that is any 1 or more of the following kinds of devices:

    • (a) an interception device:

    • (b) a tracking device:

    • (c) a visual surveillance device

    thing seized does not include anything made or generated by a person exercising a search or surveillance power (for example, photographs, drawings, or audio or video recordings made by or on behalf of that person, or a forensic copy of a computer hard drive)

    tracking device means a device that, when installed in or on a thing, may be used to help ascertain, by electronic or other means, either or both of the following:

    • (a) the location of that thing or a person in possession of that thing:

    • (b) whether a thing has been opened, tampered with, or in some other way dealt with

    trespass surveillance means surveillance that involves trespass onto private property

    unique identifier, in relation to an enforcement officer, means an identifier, used to identify the officer, that is not his or her name and that—

    • (a) is assigned to him or her by the law enforcement agency that employs or engages him or her for the purposes of its operations; and

    • (b) uniquely identifies him or her in relation to the law enforcement agency

    unlawfully at large, in relation to a person, means that he or she is any 1 or more of the following:

    • (a) a person for whose arrest a warrant is in force (unless no other warrant is in force except a warrant or warrants issued under Part 3 of the Summary Proceedings Act 1957 or sections 19B to 19D of the Crimes Act 1961):

    • (b) unlawfully at large within the meaning of the Corrections Act 2004 or the Parole Act 2002:

    • (c) a prison breaker within the meaning of section 119 of the Crimes Act 1961:

    • (d) an escapee from lawful custody within the meaning of section 120 of the Crimes Act 1961:

    • (e) a special patient or restricted patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 who has escaped or failed to return on the expiry or cancellation of a period of leave:

    • (f) a care recipient or special care recipient within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 who has escaped or failed to return on the expiry or cancellation of a period of leave:

    • (g) a young person within the meaning of the Children, Young Persons, and Their Families Act 1989 who is subject to an order made under section 311(1) of that Act and who is absconding from the custody of the chief executive (as defined in that Act)

    vehicle means any conveyance that is capable of being moved under a person's control, whether or not the conveyance is used for the carriage of persons or goods, and includes a motor vehicle, aircraft, train, ship, or bicycle

    visual surveillance device

    • (a) means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record, a private activity; but

    • (b) does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision

    visual trespass surveillance means trespass surveillance involving the use of a visual surveillance device.

4 Act binds the Crown
  • This Act binds the Crown.

4A Purpose
  • The purpose of this Act is to facilitate the monitoring of compliance with the law and the investigation and prosecution of offences in a manner that is consistent with human rights values by—

    • (a) modernising the law of search, seizure, and surveillance to take into account advances in technologies and to regulate the use of those technologies; and

    • (b) providing rules that recognise the importance of the rights and entitlements affirmed in other enactments, including the New Zealand Bill of Rights Act 1990, the Privacy Act 1993, and the Evidence Act 2006; and

    • (c) ensuring investigative tools are effective and adequate for law enforcement needs.

Part 2
Police powers

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

5 Internal searches generally prohibited
  • (1) A constable must not conduct an internal search of any part of the body of any person, except for, with the person's consent, searching the person's mouth.

    (2) A constable must not require any other person to conduct an internal search of any part of the body of any person, except as provided in section 22 (which relates to internal searches in some circumstances of people under arrest for offences against the Misuse of Drugs Act 1975).

    (3) This section does not limit or affect sections 13A to 13M of the Misuse of Drugs Amendment Act 1978.

6 Issuing officer may issue search warrant
  • An issuing officer may issue a search warrant, in relation to a place, vehicle, or other thing, on application by a constable if the issuing officer is satisfied that there are reasonable grounds—

    • (a) to suspect that an offence specified in the application and punishable by imprisonment has been committed, or is being committed, or will be committed; and

    • (b) to believe that the search will find evidential material in respect of the offence in the place, vehicle, or other thing specified in the application.

Subpart 2Warrantless powers to enter and search when effecting arrest

7 Entry without warrant to arrest person unlawfully at large
  • A constable may enter a place or vehicle without warrant to search for and arrest a person if the constable has reasonable grounds—

    • (a) to suspect that a person is unlawfully at large; and

    • (b) to believe that the person is there.

8 Entry without warrant to avoid loss of offender or evidential material
  • (1) In the circumstances set out in subsection (2), a constable may—

    • (a) enter a place or vehicle without a warrant; and

    • (b) arrest a person that the constable suspects has committed the offence.

    (2) The circumstances are that the constable has reasonable grounds—

    • (a) to suspect that the person has committed an offence that is punishable by imprisonment and for which he or she may be arrested without warrant; and

    • (b) to believe that the person is there; and

    • (c) to suspect that, if entry is not effected immediately, either or both of the following may occur:

      • (i) the person will leave there to avoid arrest:

      • (ii) evidential material relating to the offence for which the person is to be arrested will be destroyed, concealed, altered, or damaged.

Stopping vehicle without warrant to effect arrest

9 Stopping vehicle to find persons unlawfully at large or who have committed certain offences
  • A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds—

    • (a) to suspect that a person—

      • (i) is unlawfully at large; or

      • (ii) has committed an offence punishable by imprisonment; and

    • (b) to believe that the person is in or on the vehicle.

10 Powers and duties of constable after vehicle stopped
  • (1) A constable exercising the stopping power under section 9 may do any 1 or more of the following:

    • (aa) require any person in or on the vehicle who the constable has reasonable grounds to suspect has committed an offence punishable by imprisonment to supply all or any of his or her name, address, other contact details, and date of birth:

    • (a) search the vehicle to locate the person referred to in section 9, if the constable has reasonable grounds to believe that the person is in or on the vehicle:

    • (b) search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under section 9, if the person referred to in section 9

      • (i) has been arrested; or

      • (ii) is seen fleeing from the vehicle before he or she can be arrested.

    (2) Before conducting a search under a power conferred by subsection (1)(b), a constable must tell the driver the object of the proposed search, if the driver is not the person referred to in section 9.

Subpart 3Warrantless searches of people who are to be locked up in Police custody

11 Warrantless searches of people who are to be locked up in Police custody
  • (1) This section applies to any person who—

    • (a) has been taken into lawful custody; and

    • (b) is—

      • (i) at a Police station; or

      • (ii) in other premises, or about to be placed in a vehicle, being used for Police purposes; and

    • (c) is to be locked up (whether pending a decision as to bail under section 21 of the Bail Act 2000, or in any other circumstances).

    (2) A constable, or a searcher used in accordance with section 12, may conduct a search of a person to whom this section applies.

    (3) A constable or searcher may take from the person any money or other property found during the search.

    Compare: 2008 No 72 s 37

12 Searchers
  • (1) A Police employee in charge of a person to whom section 11 applies may use a searcher to conduct a search of the person under section 11 if the use of that searcher is necessary to enable the search of the person in custody to be carried out—

    • (a) by someone of the same sex as the person to be searched; or

    • (b) within a reasonable time of the person being taken into custody.

    (2) The Police employee in charge of a person who is taken into lawful custody and is to be locked up must be satisfied that a searcher used under this section has received appropriate training before that searcher conducts a search under section 11.

    (3) The searcher must carry out the search as if he or she were a Police employee.

    Compare: 2008 No 72 s 38

13 Property taken from people locked up in Police custody
  • (1) All money and every item of property taken from a person under section 11 must be returned to him or her when he or she is released from custody, except for the following:

    • (a) any money or property that, in the opinion of a constable, may need to be given in evidence in proceedings arising out of a charge brought against the person:

    • (b) any money or property whose possession may, in the opinion of a constable, constitute an offence.

    (2) Despite subsection (1), when a person described in section 11(1) is released from Police custody and is placed in the custody of another person, all money and every item of property taken from him or her under section 11 (other than money or property of a kind described in subsection (1)(a) or (b)) must, if practicable, be delivered—

    • (a) to the person into whose custody he or she is released; or

    • (b) to the person in charge of the facility, if he or she is being released from Police custody in order to be held in custody in the facility.

    (3) Subsection (1) is subject to an order made under—

    • (a) section 40 of the Policing Act 2008; or

    • (b) section 404 of the Crimes Act 1961.

    Compare: 2008 No 72 s 39

Subpart 4Warrantless powers of entry in urgent circumstances

14 Warrantless entry to prevent offence or respond to risk to life or safety
  • (1) A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a place or vehicle may—

    • (a) enter the place or vehicle without a warrant; and

    • (b) take any action that he or she has reasonable grounds to believe is necessary to prevent the offending from being committed or continuing, or to avert the emergency.

    (2) The circumstances are as follows:

    • (a) an offence is being committed, or is about to be committed, that would be likely to cause injury to any person, or serious damage to, or serious loss of, any property:

    • (b) there is risk to the life or safety of any person that requires an emergency response.

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
  • A constable may enter and search a place without a warrant if he or she has reasonable grounds—

    • (a) to believe that evidential material is in that place; and

    • (b) to suspect—

      • (i) that the evidential material relates to an offence, punishable by imprisonment for a term of 14 years or more, that has been committed, or is being committed, or is about to be committed; and

      • (ii) that, if entry is delayed in order to obtain a search warrant, the evidential material will be destroyed, concealed, altered, or damaged.

16 Searching people in public place without warrant for evidential material relating to certain offences
  • A constable may search a person without a warrant in a public place if the constable has reasonable grounds to believe that the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more.

17 Warrantless entry and search of vehicle for evidential material relating to certain offences
  • A constable may, without a warrant, enter and search a vehicle that is in a public place if he or she has reasonable grounds to believe that evidential material relating to an offence punishable by imprisonment for a term of 14 years or more is in the vehicle.

Subpart 6Warrantless powers in relation to arms offences

18 Warrantless searches associated with arms
  • (1) A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or all of the following:

    • (a) search the person:

    • (b) search any thing in the person's possession or under his or her control (including a vehicle):

    • (c) enter a place or vehicle to carry out any activity under paragraph (a) or (b):

    • (d) seize and detain any arms found.

    (2) The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, and—

    • (a) he or she is in breach of the Arms Act 1983; or

    • (b) he or she, by reason of his or her physical or mental condition (however caused),—

      • (i) is incapable of having proper control of the arms; or

      • (ii) may kill or cause bodily injury to any person; or

    • (c) that, under the Domestic Violence Act 1995,—

      • (i) a protection order is in force against the person; or

      • (ii) there are grounds to make an application against him or her for a protection order.

    (3) A constable may, without a warrant, enter a place or vehicle, search it, seize any arms found there, and detain the arms if he or she has reasonable grounds to suspect that there are arms in the place or vehicle—

    • (a) in respect of which an indictable offence or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed; or

    • (b) that may be evidential material in relation to an indictable offence or an offence against the Arms Act 1983.

Subpart 7Police powers in relation to Misuse of Drugs Act 1975 offences

18A Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants
  • A constable may search any person found in or on a place or vehicle, in relation to which a search warrant is issued under section 6, if the offence that was specified in the application for the search warrant is an offence against the Misuse of Drugs Act 1975.

19 Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
  • A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds—

    • (a) to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is—

      • (i) a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or

      • (ii) a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or

      • (iii) a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or

      • (iv) a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and

    • (b) to suspect that in or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance; and

    • (c) to believe that, if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.

20 Warrantless searches of people found in or on places or vehicles
  • A constable conducting a search of a place or vehicle under section 19 may, without a warrant, search any person found in or on the place or vehicle.

21 Warrantless power to search and detain person, and seize controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
  • (1) A constable may, in the circumstances set out in subsection (2), do any or all either or both of the following without a warrant:

    • (a) search a person:

    • (b) take possession of seize any controlled drug or precursor substance found during the search.

    (2) The circumstances are that the constable has reasonable grounds—

    • (a) to believe that the person is in possession of—

      • (i) a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or

      • (ii) a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or

      • (iii) a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or

      • (iv) a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and

    • (b) to suspect that an offence against the Misuse of Drugs Act 1975 has been committed, is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.

    (3) This section does not—

    • (a) limit section 19 or 20; or

    • (b) authorise a constable to enter or search a place or vehicle except in accordance with those sections.

22 Internal search of person under arrest for offence against section 6 or 7 or 11 of Misuse of Drugs Act 1975
  • (1) In the circumstances set out in subsection (2), a constable may require a person to permit a medical practitioner, nominated for the purpose by the constable, to conduct an internal examination of any part of the person's body by means of—

    • (a) an X-ray machine or other similar device; or

    • (b) a manual or visual examination (whether or not facilitated by any instrument or device) through any body orifice.

    (2) The circumstances are that—

    • (a) the person is under arrest for an offence against section 6 or 7 or 11 of the Misuse of Drugs Act 1975; and

    • (b) the constable has reasonable grounds to believe that the person has secreted within his or her body any property—

      • (i) that may be evidence of the offence with which the person is charged; or

      • (ii) the possession of which by the person constitutes any other offence against section 6 or 7 or 11 of the Misuse of Drugs Act 1975.

    (3) A medical practitioner must not conduct an internal examination if he or she—

    • (a) considers that to do so may be prejudicial to the person's health; or

    • (b) is satisfied that the person is not prepared to permit an internal examination to be conducted.

    (4) This section does not limit or affect sections 13A to 13M of the Misuse of Drugs Amendment Act 1978.

23 Effect of not permitting internal search under section 22 on bail application
  • (1) In the circumstances set out in subsection (2), a court may decline to consider a bail application by a person, and may order that the person continue to be detained in Police custody, until the earlier of the following occurs:

    • (a) the expiry of 2 days after the day on which the person was required under section 22(1) to permit an internal examination by a medical practitioner:

    • (b) the person permits the examination to be conducted.

    (2) The circumstances are that—

    • (a) the person fails to permit an internal examination to be conducted under section 22; and

    • (b) the court is satisfied that the requirement under section 22(1) was properly made on reasonable grounds.

    (3) Nothing in subsection (1) limits a court's discretion to refuse bail.

    (4) This section overrides any contrary provisions about bail in any of the following:

    • (a) the Bail Act 2000:

    • (b) the Misuse of Drugs Act 1975:

    • (c) the Summary Proceedings Act 1957.

Subpart 8Warrantless powers in relation to offences against section 202A of Crimes Act 1961

24 Meaning of disabling substance and offensive weapon in this subpart
  • In this subpart,—

    disabling substance means any anaesthetising or other substance produced to use for disabling a person, or intended for such use by the person who has it with him or her

    offensive weapon means any article made or altered to use for causing bodily injury, or intended for such use by the person who has it with him or her.

25 Searching people in public places without search warrant if offence against section 202A of Crimes Act 1961 suspected
  • A constable who has reasonable grounds to suspect that a person is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances) may, without a warrant,—

    • (a) stop the person and—

      • (i) search him or her; and

      • (ii) search any thing that he or she has with him or her that the constable has reasonable grounds to believe contains a knife, offensive weapon, or disabling substance; and

    • (b) take possession of seize any knife, offensive weapon, or disabling substance found.

26 Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected
  • (1) A constable who has reasonable grounds to suspect that the circumstances in subsection (2) exist in relation to a vehicle may—

    • (a) stop and search the vehicle; and

    • (b) detain it for as long as is reasonably necessary to conduct the search; and

    • (c) take possession of seize any knife, offensive weapon, or disabling substance found.

    (2) The circumstances are that—

    • (a) a person travelling in the vehicle or who has alighted from it is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances); and

    • (b) the vehicle contains a knife, offensive weapon, or disabling substance.

Subpart 9Warrantless search of vehicle for stolen property

27 Power to search vehicles without warrant for stolen property
  • A constable who has reasonable grounds to believe that any stolen property is in or on any vehicle may search it without a warrant.

Subpart 10Other powers related to search of vehicles Warrantless powers relating to road blocks

Warrantless powers relating to road blocks and road closures

28 Obtaining authorisation for warrantless road block
  • (1) This section applies to a senior constable in the circumstances set out in subsection (2) who is satisfied that, as far as is reasonably practicable, the safety of all road users will be ensured in the area in which it is proposed that a road block be established.

    (2) The circumstances are that the senior constable has reasonable grounds—

    • (a) to believe that in or on a vehicle there is a person who the constable has reasonable grounds to suspect—

      • (i) has committed an offence punishable by a term of imprisonment; or

      • (ii) is unlawfully at large; and

    • (b) to suspect that the vehicle will travel past the place where it is proposed that the road block be established.

    (3) A senior constable to whom this section applies may authorise the establishment of a road block for the purpose of arresting the person.

    (1) A senior constable may authorise the establishment of a road block for the purpose of arresting a person in the circumstances set out in subsection (2).

    (2) The circumstances are that the senior constable—

    • (a) has reasonable grounds to believe that in or on a vehicle there is a person who the constable has reasonable grounds to suspect—

      • (i) has committed an offence punishable by a term of imprisonment; or

      • (ii) is unlawfully at large; and

    • (b) has reasonable grounds to suspect that the vehicle will travel past the place where it is proposed that the road block be established; and

    • (c) is satisfied that, as far as is reasonably practicable, the safety of all road users will be ensured in the area in which it is proposed that the road block be established.

    (4) An authorisation may be granted under this section orally or in writing.

    (5) For the purposes of this section, a person is not unlawfully at large if the only warrant for his or her arrest that is in force is a warrant issued under Part 3 of the Summary Proceedings Act 1957.

    (6) In this section, senior constable means a constable who holds a level of position of sergeant or higher, and includes any constable who is acting in any such rank.

29 Duration and record of warrantless road block authorisation
  • (1) An authorisation under section 28

    • (a) is valid for an initial period not exceeding 24 hours specified by the person giving the authorisation; and

    • (b) may be renewed from time to time by a District Court Judge for a single further period not exceeding 24 hours specified in writing by the Judge.

    (2) The person giving the authorisation must keep or cause to be kept a written record of the following matters:

    • (a) the location of the road block that was authorised:

    • (b) the period or periods for which the authorisation was granted or renewed:

    • (c) the grounds on which the authorisation was granted or renewed.

30 Authorised road blocks implemented without warrant
  • Any constable may do any or all of the following when a road block is authorised under section 28:

    • (a) establish a road block at the place specified in the authorisation:

    • (b) stop vehicles at or in the vicinity of the road block:

    • (c) require any person in or on any vehicle stopped by the road block who the constable has reasonable grounds to suspect has committed an offence punishable by imprisonment to state any or all of his or her name, address, and date of birth:

    • (d) search the vehicle for the purpose of locating a person referred to in section 28(2)(a)(i) or (ii), if the constable or any other constable has reasonable grounds to believe that the person is in or on the vehicle:

    • (e) require that the vehicle remain stopped for as long as is reasonably necessary to enable a constable to exercise any powers conferred by this section, regardless of whether the powers are exercised in respect of—

      • (i) the vehicle; or

      • (ii) the occupants of the vehicle.

Subpart 11Examination orders

Examination orders in business contexts

31 Commissioner Inspector or more senior officer may apply for examination order in business context
  • (1) The Commissioner may apply to a Judge for an examination order against a person in a business context if the Commissioner is satisfied that the conditions specified in section 32 are met in respect of the person.

    (1) A constable who is of or above the level of position of inspector may apply to a Judge for an examination order against a person in a business context if—

    • (a) the constable is satisfied that the conditions specified in section 32 are met in respect of the person; and

    • (b) the making of the application is approved by—

      • (i) a Deputy Commissioner; or

      • (ii) an Assistant Commissioner; or

      • (iii) the District Commander (other than an acting District Commander) of the Police district in which the constable is stationed.

    (2) An application made under this section must be made in writing, and must set out the following particulars:

    • (a) the name of the applicant:

    • (b) a description of the offence that it is suspected has been committed, is being committed, or will be committed:

    • (c) the facts relied on to show reasonable grounds to suspect that an offence has been committed, or is being committed, or will be committed:

    • (d) a description of the information sought to be obtained by the examination order:

    • (e) the facts relied on to show reasonable grounds to believe that the person against whom the order is sought has the information:

    • (f) the facts that indicate that the person against whom the order is sought acquired the information in respect of which the order is sought in a business context:

    • (g) the facts that indicate that the person against whom the order is sought has been given a reasonable opportunity by a constable to provide the information but has not done so.

32 Conditions for making examination order in business context
  • The conditions for making an examination order in a business context against a person are that—

    • (a) there are reasonable grounds to suspect that an offence punishable by imprisonment for a term of 5 years or more has been committed, or is being committed, or will be committed; and

    • (b) there are reasonable grounds to believe that the person sought to be examined has information that constitutes evidential material in respect of the offence; and

    • (c) there are reasonable grounds to believe that the person sought to be examined acquired the information in respect of which the order is sought in a business context; and

    • (d) the person has been given a reasonable opportunity by a constable to provide that information and has not done so.

Examination orders in contexts other than those of business

33 Commissioner Inspector or more senior officer may apply for examination order in non-business context
  • (1) The Commissioner may apply to a Judge for an examination order against a person in a non-business context if the Commissioner is satisfied that the conditions specified in section 34 are met in respect of the person.

    (1) A constable who is of or above the level of position of inspector may apply to a Judge for an examination order against a person in a non-business context if—

    • (a) the constable is satisfied that the conditions specified in section 34 are met in respect of the person; and

    • (b) the making of the application is approved by—

      • (i) a Deputy Commissioner; or

      • (ii) an Assistant Commissioner; or

      • (iii) the District Commander (other than an acting District Commander) of the Police district in which the constable is stationed.

    (2) An application made under this section must be made in writing, and must set out the following particulars:

    • (a) the name of the applicant:

    • (b) a description of the offence that it is suspected has been committed, is being committed, or will be committed:

    • (c) the facts relied on to show reasonable grounds to suspect that an offence has been committed, or is being committed, or will be committed:

    • (d) a description of the information sought to be obtained by the examination order:

    • (e) the facts relied on to show reasonable grounds to believe that the person against whom the order is sought has the information:

    • (f) the facts that indicate that the person against whom the order is sought acquired the information in respect of which the order is sought in a non-business context:

    • (g) the facts that indicate that the person against whom the order is sought has been given a reasonable opportunity by a constable to provide the information but has not done so.

34 Conditions for making examination order in non-business context
  • The conditions for making an examination order in a non-business context against a person are that—

    • (a) there are reasonable grounds to suspect that an offence punishable by imprisonment has been committed, or is being committed, or will be committed, and the offence—

      • (i) is serious or complex fraud; or

      • (ii) has been committed, or is being committed, or will be committed wholly or partly because of participation in a continuing association of 3 or more persons having as its object, or as 1 of its objects, a continuing course of criminal conduct; and

      • (i) involves serious or complex fraud that is punishable by imprisonment for a term of 7 years or more; or

      • (ii) has been committed, or is being committed, or will be committed wholly or partly by an organised criminal group as defined in section 98A(2) of the Crimes Act 1961; and

    • (b) there are reasonable grounds to believe that the person sought to be examined has information that constitutes evidential material in respect of the offence; and

    • (c) there are reasonable grounds to believe that the person sought to be examined acquired the information in respect of which the order is sought in a non-business context; and

    • (d) the person has been given a reasonable opportunity by a constable to provide that information and has not done so.

Other provisions that apply to examination order applications

35 Other provisions that apply to examination order applications
  • (1) The provisions in subsection (2) apply to any application for an examination order as if—

    • (a) any reference in those provisions to a search warrant were a reference to an examination order; and

    • (b) any reference in those provisions to an issuing officer were a reference to a Judge; and

    • (c) any reference in those provisions to a District Court were a reference to a District Court or a High Court, as the case may be.

    (2) The provisions are—

    • (a) section 96(2) (relating to requirements for further information); and

    • (b) section 97 (relating to verification of application); and

    • (c) section 98(1), (2), and (4) (relating to mode of application); and

    • (d) section 99 (relating to retention of documents).

Making examination orders and contents of examination orders

36 Judge may make examination order
  • A Judge may, on an application made under section 31 or 33, make an examination order against a person if the Judge is satisfied that—

    • (a) the conditions specified in section 32 or 34, as the case may be, are met in respect of the person; and

    • (b) it is reasonable to subject the person to compulsory examination, having regard to the nature and seriousness of the suspected offending, the nature of the information sought, the relationship between the person to be examined and the suspect, and any alternative ways of obtaining the information.

37 Form and content of examination order
  • (1) An examination order made under section 36 must be in the prescribed form and must require the person against whom it is made—

    • (a) to attend before the Commissioner or a delegate of the Commissioner; and

    • (b) to answer any questions that are relevant to the information in respect of which the order was made.

    (2) The examination order must set out the following:

    • (a) the name of the person required to comply with the order:

    • (b) the grounds on which the order is made:

    • (c) the nature of the questions that the person is to be asked, being questions that are relevant to the information in respect of which the order was made:

    • (d) if the examination is to be conducted by a delegate of the Commissioner, the name of the delegate:

    • (da) a condition that, in accordance with section 40A, an examination order report must be provided within 1 month after the completion of the examination conducted under the order to the Judge who made the order or, if that Judge is unable to act, to a Judge of the same court as the Judge who made the order:

    • (db) any requirement that the Judge making the order considers reasonable for inclusion of specified information in the examination order report provided under section 40A:

    • (e) where the examination is to take place:

    • (f) when the examination is to take place or how a time for the examination is to be fixed.

Other provisions relating to examination orders

38 Presence of lawyer
  • A person against whom an examination order is made must, before being required to appear before the Commissioner or the Commissioner’s delegate, be given a reasonable opportunity to arrange for a lawyer to accompany him or her.

39 Duration of examination order
  • An examination order is in force for the period specified in the order (not exceeding 30 days after the date on which the order is made).

40 Other provisions that apply to examination orders
  • Section 103 (relating to the transmission of search warrants) and section 105 (relating to when a search warrant is invalid) apply to examination orders as if—

    • (a) any reference in those provisions to a warrant or search warrant were a reference to an examination order; and

    • (b) any reference in those provisions to an issuing officer were a reference to the Judge issuing an examination order.

Examination order reports

40A Examination order reports
  • (1) The Commissioner or the delegate of the Commissioner, as the case may be, who conducts an examination authorised by an examination order must provide an examination order report within 1 month after the completion of the examination conducted under the order, as specified in the order, to the Judge who made the order, or, if that Judge is unable to act, to a Judge of the same court as the Judge who made the order.

    (2) The examination order report must contain the following information:

    • (a) whether the examination resulted in obtaining evidential material:

    • (b) whether any criminal proceedings have been brought or are under consideration as a result of evidential material obtained by means of the examination:

    • (c) any other information stated in the order as being required for inclusion in the examination order report.

Subpart 12Other matters

41 Common law defence of necessity for people other than constables not affected by this Part
  • Nothing in this Part affects the common law defence of necessity as it applies to persons who are not constables.

Part 3
Enforcement officers' powers and orders

Subpart 1Surveillance device warrants and residual warrants declaratory orders

42AA Restrictions on some trespass surveillance and use of interception device
  • (1) Nothing in this subpart authorises any enforcement officer to undertake trespass surveillance (other than by means of a tracking device) except in order to obtain evidential material in relation to an offence—

    • (a) that is punishable by a term of imprisonment of 7 years or more; or

    • (b) against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983.

    (2) Nothing in this subpart authorises any enforcement officer to use an interception device except in order to obtain evidential material in relation to an offence—

    • (a) that is punishable by a term of imprisonment of 7 years or more; or

    • (b) against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983.

Surveillance device warrants

42 Activities for which surveillance device warrant required
  • Except as provided in sections 43 and 44, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant:

    • (a) use of an interception device to intercept a private communication:

    • (b) use of a tracking device:

    • (c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:

    • (ca) use of a surveillance device that involves trespass onto private property:

    • (d) observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—

      • (i) 3 hours in any 24-hour period; or

      • (ii) 8 hours in total.

43 Some activities that do not require warrant under this subpart
  • (1) No warrant under this subpart is required by an enforcement officer in any 1 or more of the following circumstances:

    • (a) the enforcement officer lawfully—

      • (i) entering private premises; and

      • (ii) recording what he or she observes or hears there:

    • (b) covert audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them:

    • (c) activities that are carried out—

      • (i) in a place or vehicle that the enforcement officer enters lawfully; and

      • (ii) by means of the enforcement officer's unaided sense of smell:

    • (d) activities carried out by the enforcement officer's use of his or her unaided visual observation or unaided sense of hearing:

    • (e) activities carried out under the authority of an interception warrant issued under section 4A(1) or (2) of the New Zealand Security Intelligence Service Act 1969:

    • (e) activities carried out under the authority of an interception warrant issued under—

      • (i) section 4A(1) or (2) of the New Zealand Security Intelligence Service Act 1969; or

      • (ii) section 17 of the Government Communications Security Bureau Act 2003:

    • (f) activities carried out by the enforcement officer's use of a surveillance device, if that use is authorised under any enactment other than this Act.

    (1A) Subsection (1)(b) does not prevent an enforcement officer from applying for a warrant authorising covert audio recording in the circumstances set out in that subsection.

    (2) In this section,—

    unaided sense of hearing means unaided except by a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

    unaided visual observation means unaided except for the use of spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.

    (3) This section is subject to section 42AA.

44 Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency
  • (1) An enforcement officer who is in any 1 or more of the situations set out in subsection (2) may use a surveillance device for a period not exceeding 72 48 hours from the time the surveillance device is first used without obtaining a surveillance device warrant, if—

    • (a) he or she is entitled to apply for a surveillance device warrant in relation to those situations; but

    • (b) obtaining a surveillance device warrant within the time in which it is proposed to undertake the surveillance is impracticable in the circumstances.

    (2) The situations are as follows:

    • (a) the enforcement officer has reasonable grounds—

      • (i) to suspect that an offence punishable by a term of imprisonment of 14 years or more has been, is being, or is about to be committed; and

      • (ii) to believe that use of the surveillance device would obtain evidential material in relation to the offence:

    • (b) the enforcement officer has reasonable grounds—

      • (i) to suspect that any 1 or more of the circumstances set out in section 14(2) exist; and

      • (ii) to believe that use of the surveillance device is necessary to prevent the offending from being committed or continuing, or to avert the emergency:

    • (c) the enforcement officer has reasonable grounds—

      • (i) to suspect that any 1 or more of the circumstances set out in section 18(2) exist; and

      • (ii) to believe that use of the surveillance device is necessary to facilitate the seizure of the arms:

    • (d) the enforcement officer has reasonable grounds—

      • (i) to suspect that an indictable offence in relation to arms or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed; and

      • (ii) to believe that use of the surveillance device would obtain evidential material in relation to the offence:

    • (e) the enforcement officer has reasonable grounds—

      • (i) to suspect that an offence has been committed, or is being committed, or is about to be committed in relation to a controlled drug specified or described in Schedule 1, Part 1 of Schedule 2, or Part 1 of Schedule 3 of the Misuse of Drugs Act 1975, or to a precursor substance specified or described in Part 3 of Schedule 4 of that Act; and

      • (ii) to believe that use of the surveillance device would obtain evidential material in relation to the offence:

    • (f) the enforcement officer has reasonable grounds—

      • (i) to suspect that a person is in possession of any 1 or more of the things described in section 79(2)(a) to (d); and

      • (ii) to believe that use of the surveillance device is necessary to facilitate the thing's seizure.

    (3) This section is subject to section 42AA.

Application for surveillance device warrant

45 Application for surveillance device warrant
  • (1) An application for a surveillance device warrant may be made only by an enforcement officer, and must contain, in reasonable detail, the following particulars:

    • (a) the name of the applicant:

    • (b) the provision authorising the making of an application for a search warrant in respect of the suspected offence:

    • (c) the grounds on which the application is made:

    • (d) the suspected offence in relation to which the surveillance device warrant is sought:

    • (e) the type of surveillance device to be used:

    • (f) the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed surveillance:

    • (g) a description of the evidential material believed to be able to be obtained by use of the surveillance device:

    • (h) the period for which the warrant is sought.

    (2) If the enforcement officer cannot provide all the information required under subsection (1)(f) and (g), the application must instead state the circumstances in which the surveillance is proposed to be undertaken in enough detail to identify the parameters of, and objectives to be achieved by, the proposed use of the surveillance device.

    (3) The applicant must disclose in the application—

    • (a) the details of any other applications for a search warrant, or a surveillance device warrant, or a residual warrant that the applicant knows to have been made within the previous 3 months in respect of the person, place, vehicle, or other thing proposed as the object of the surveillance; and

    • (b) the result of that application or those applications.

    (4) The applicant must, before making an application for a surveillance device warrant, make reasonable inquiries within the agency in which the applicant is employed or engaged for the purpose of complying with subsection (3).

    (5) Despite subsection (1), an application for a surveillance device warrant seeking authority to use visual trespass surveillance or an interception device may only be made by—

    • (a) a constable; or

    • (b) an enforcement officer employed or engaged by a law enforcement agency that has been approved by an Order in Council made under section 45A.

45A Approval of law enforcement agencies other than Police to carry out visual trespass surveillance and use interception devices
  • (1) The Governor-General may, by Order in Council made on the recommendation of the Minister of Justice, approve a specified law enforcement agency other than the Police to do either or both of the following:

    • (a) to carry out visual trespass surveillance:

    • (b) to use interception devices.

    (2) The Minister of Justice may recommend the making of an Order in Council under subsection (1)(a), following consultation with the Minister of Police, if he or she is satisfied that it is appropriate for the agency to carry out visual trespass surveillance, and that the agency has the technical capability, and the policies and procedures in place, so that the surveillance can be carried out in a manner that ensures the safety of the people involved in the surveillance.

    (3) The Minister of Justice may recommend the making of an Order in Council under subsection (1)(b), following consultation with the Minister of Police, if he or she is satisfied that it is appropriate for the agency to use interception devices, and that the agency has—

    • (a) the technical capability to intercept private communications in a manner that ensures the reliability of any information obtained through the use of an interception device; and

    • (b) policies and procedures in place to ensure that the integrity of any information obtained through the use of an interception device is preserved; and

    • (c) the expertise—

      • (i) to extract evidential material from information obtained through the use of an interception device in a form that can be used in a criminal proceeding; and

      • (ii) to ensure that any evidential material obtained through the use of an interception device is presented to the court in an appropriate manner, when the agency intends to proceed with a prosecution.

    (4) In this section, specified law enforcement agency means—

    • (a) the New Zealand Customs Service; or

    • (b) the Department of Internal Affairs.

46 Conditions for issuing surveillance device warrant
  • The conditions for issuing a surveillance device warrant are that there are reasonable grounds—

    • (a) to suspect that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any relevant enactment authorises an enforcement officer to apply for a search warrant; and

    • (b) to believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence.

46 Conditions for issuing surveillance device warrant
  • The conditions for issuing a surveillance device warrant are that—

    • (a) there are reasonable grounds—

      • (i) to suspect that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any enactment specified in column 2 of the Schedule authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the suspected offence; and

      • (ii) to believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence; and

    • (b) the restrictions in section 42AA do not prevent the issuing of a surveillance device warrant in the circumstances.

47 Other provisions that apply to surveillance device warrant applications
  • (1) The provisions in subsection (2) apply to any application for a surveillance device warrant as if—

    • (a) any reference in those provisions to a search warrant were a reference to a surveillance device warrant; and

    • (b) any reference in those provisions to an issuing officer were a reference to a Judge; and

    • (c) any reference in those provisions to a District Court were a reference to a District Court or a High Court, as the case may be.

    (2) The provisions are—

    • (a) section 96(2) (relating to requirements for further information); and

    • (b) section 97 (relating to verification of application); and

    • (c) section 98 (relating to mode of application); and

    • (d) section 99 (relating to retention of documents).

Issuing of surveillance device warrant

48 Who may issue surveillance device warrant
  • A surveillance device warrant may be issued by a Judge, on application under section 45, if he or she is satisfied that the conditions set out in section 46 are met.

49 Restrictions on issue of surveillance device warrant
  • A Judge must not issue a surveillance device warrant that would permit is primarily intended to facilitate surveillance or recording of activity between a lawyer and his or her client that is communication of a kind to which legal professional privilege normally applies unless the Judge is satisfied that the information provided by the applicant indicates there is a prima facie case that the communication is to be made or received—

    • (a) for a dishonest purpose; or

    • (b) for the purpose of planning to commit or committing an offence.

50 Form and content of surveillance device warrant
  • (1) Every surveillance device warrant must—

    • (a) be in the prescribed form; and

    • (b) be directed to every enforcement officer who has authority to carry out the activities authorised by the surveillance device warrant; and

    • (c) specify a period, of no more than 60 days after the date on which the warrant is issued, for which it is in force; and

    • (d) contain a condition that, in accordance with section 53, a surveillance device warrant report must be provided to a Judge of the same court as the Judge who issues the warrant within 1 month after the expiry of the period for which it is in force; and

    • (d) contain a condition that, in accordance with section 53, a surveillance device warrant report must be provided within 1 month after the expiry of the period for which the warrant is in force to the Judge who issues the warrant or, if that Judge is unable to act, to a Judge of the same court as the Judge who issues the warrant; and

    • (e) contain a condition that the enforcement officer carrying out the activities authorised by the warrant must not use any communication obtained under the authority of the warrant unless the privilege is waived or its use is authorised by a Judge, if he or she has reasonable grounds to believe that the communication may be subject to a privilege specified in section 130.

    (2) A surveillance device warrant may be subject to any other conditions specified in the warrant that the Judge issuing it considers reasonable, including a requirement for inclusion of specified information in the surveillance device warrant report provided under section 53.

    (3) Every surveillance device warrant must also contain, in reasonable detail, the following particulars:

    • (a) the name of the Judge issuing the warrant and the date of issue:

    • (b) the provision authorising the making of an application for a search warrant in respect of the suspected offence:

    • (c) the type of surveillance device the use of which the warrant authorises:

    • (d) the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed surveillance:

    • (e) the evidential material relating to the suspected offence that may be obtained by use of the surveillance device:

    • (f) that an enforcement officer carrying out the activities authorised by the warrant may use any assistance that is reasonable in the circumstances:

    • (fa) that an enforcement officer who, while carrying out the activities authorised by the warrant, obtains the content of a telecommunication may direct the relevant network operator to provide call associated data (as defined in section 3(1) of the Telecommunications (Interception Capability) Act 2004) that is—

      • (i) a document within the meaning of section 68; and

      • (ii) related to that telecommunication:

    • (g) that, subject to section 42AA, an enforcement officer carrying out the activities authorised by the warrant may do any or all of the following, using any force that is reasonable in the circumstances to do so, in order to install, maintain, or remove the surveillance device, or to access and use electricity to power the surveillance device:

      • (i) enter any premises, area, or vehicle specified in the warrant:

      • (ii) break open or interfere with any vehicle or other thing:

      • (iii) temporarily remove any vehicle or other thing from any place where it is found and return it to that place.

    (4) Despite subsection (3)(d) and (e), if the Judge has not been provided in the application, or otherwise, with the information specified in those provisions because the applicant is unable to provide it, the warrant must instead state the details (as provided under section 47(2) or otherwise) of the circumstances in which the surveillance is to be undertaken in enough detail to identify the parameters of, and objectives to be achieved by, the use of the surveillance device.

    (5) Despite subsection (1)(c), a Judge may issue a further surveillance device warrant in respect of the same suspected offence in regard to which the Judge, or another Judge, has previously issued a surveillance device warrant.

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

51 Carrying out authorised surveillance activities and evidential material relevant to other offences
  • (1) A surveillance device warrant allows the following persons to carry out the activities authorised by it:

    • (a) any or all of the persons to whom it is directed:

    • (b) any assistant—

      • (i) who is called upon by a person specified in paragraph (a) to help him or her to carry out the activities; and

      • (ii) who, at all times that he or she is carrying out activities authorised by the warrant, remains under the supervision of a person specified in paragraph (a).

    (2) Subsection (3) applies if, in the course of carrying out activities authorised by a surveillance device warrant or while lawfully using a surveillance device in relation to an offence, a person obtains any evidential material in relation to an offence—

    • (a) that is not the offence in respect of which the warrant was issued or in respect of which the surveillance device was lawfully put into use, as the case requires; but

    • (b) in respect of which a surveillance device warrant could have been issued or a surveillance device could have been lawfully used.

    (3) The evidential material referred to in subsection (2) is not inadmissible in criminal proceedings by reason only that the surveillance device warrant that authorised the activity that obtained the material was issued in respect of a different offence or, as the case requires, that the material was obtained from the use of a surveillance device that was put into use in respect of a different offence.

51A Admissibility of evidential material relevant to other offences
  • (1) Subsection (2) applies if, in the course of carrying out activities authorised by a surveillance device warrant or while lawfully using a surveillance device in relation to an offence, a person obtains any evidential material in relation to an offence—

    • (a) that is not the offence in respect of which the warrant was issued or in respect of which the surveillance device was lawfully put into use, as the case requires; but

    • (b) in respect of which a surveillance device warrant could have been issued or a surveillance device could have been lawfully used.

    (2) The evidential material referred to in subsection (1) is not inadmissible in criminal proceedings by reason only that the surveillance device warrant that authorised the activity that obtained the material was issued in respect of a different offence or, as the case requires, that the material was obtained from the use of a surveillance device that was put into use in respect of a different offence.

Other provisions applying to surveillance device warrants

52 Other provisions that apply to surveillance device warrants
  • Section 103 (relating to the transmission of search warrants) and section 105 (relating to when a search warrant is invalid) apply to surveillance device warrants as if—

    • (a) any reference in those provisions to a warrant or search warrant were a reference to a surveillance device warrant; and

    • (b) any reference in those provisions to an issuing officer were a reference to the Judge issuing a surveillance device warrant.

Surveillance device warrant reports

53 Surveillance device warrant report
  • (1) A person who carries out the activities authorised by a surveillance device warrant must provide a surveillance device warrant report within 1 month after the expiry of the period for which the warrant is in force, as specified in the warrant, to the Judge who issued the warrant or, if that Judge is unable to act, to a Judge of the same court as the Judge who issued the warrant.

    (2) The surveillance device warrant report must contain the following information:

    • (a) whether carrying out the activities authorised by the surveillance device warrant resulted in obtaining evidential material:

    • (ab) whether or not the evidential material obtained as a result of carrying out the activities authorised by the warrant was evidential material specified in the warrant in accordance with section 50(3)(e):

    • (b) the circumstances in which the surveillance device was used:

    • (ba) whether any criminal proceedings have been brought or are under consideration as a result of evidential material obtained under the warrant:

    • (c) any other information stated in the warrant as being required for inclusion in the surveillance device warrant report.

54 Report on use of surveillance device in situation of urgency or emergency
  • (1) An enforcement officer who uses a surveillance device under the authority of section 44 must provide a report to a Judge within 1 month after the date of the last day of any period of 72 48 hours or less over which the surveillance device was used.

    (2) The report made under subsection (1) must contain the following information:

    • (a) whether the use of the surveillance device resulted in—

      • (i) obtaining evidential material of the relevant offence (in the case of use of a surveillance device in a situation set out in section 44(2)(a), (d), or (e)); or

      • (ii) preventing the offending from being committed or continuing, or averting the emergency (in the case of use of a surveillance device in a situation set out in section 44(2)(b)); or

      • (iii) facilitating the seizure of the arms (in the case of use of a surveillance device in a situation set out in section 44(2)(c)); and

    • (b) the circumstances in which the surveillance device was used.

    (3) A Judge who receives a report under subsection (1) may require the enforcement officer who used the surveillance device to supply further information regarding the circumstances surrounding the use of the surveillance device.

55 Actions on receipt of surveillance device warrant report
  • (1) A Judge receiving a surveillance device warrant report under section 53 may do any 1 or more of the following:

    • (a) give directions as to the destruction or retention of the material obtained as a result of the surveillance:

    • (b) if he or she considers that the surveillance activities carried out were in breach of any of the conditions of the warrant's issue, or of any applicable statutory provision, report on the breach to the chief executive of the relevant agency:

    • (c) order that the subject of the surveillance be notified.

    (2) The Judge must not make an order under subsection (1)(c) unless he or she is satisfied that

    • (a) that the circumstances set out in subsection (3) exist; and

    • (b) the warrant— that—

      • (i) the warrant should not have been issued; or

      • (ii) there has been a serious breach of any of the conditions of its issue, or of any applicable statutory provision.

    (3) The circumstances are that the public interest in notification outweighs any potential prejudice to any 1 or more of the following:

    • (a) any investigation by the law enforcement agency:

    • (b) the safety of informants or undercover officers:

    • (c) the supply of information to the law enforcement agency:

    • (d) any international relationships of the law enforcement agency.

56 Actions on receipt of report on use of surveillance device in situation of urgency or emergency
  • (1) A Judge receiving a surveillance device warrant report under section 54 may do any 1 or more of the following:

    • (a) give directions as to the destruction or retention of the material obtained as a result of the use of the surveillance device:

    • (b) if he or she considers that the use of the surveillance device was not authorised under section 44, report accordingly to the chief executive of the relevant agency:

    • (c) order that the subject of the surveillance be notified.

    (2) The Judge must not make an order under subsection (1)(c) unless he or she is satisfied that—

    • (a) the circumstances set out in subsection (3) exist; and

    • (b) use of the surveillance device was a serious breach of the criteria set out in section 44.

    (3) The circumstances are that the public interest in notification outweighs any potential prejudice to any 1 or more of the following:

    • (a) any investigation by the law enforcement agency:

    • (b) the safety of informants or undercover officers:

    • (c) the supply of information to the law enforcement agency:

    • (d) any international relationships of the law enforcement agency.

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

56A Retention of raw surveillance data, excerpts, and information obtained
  • (1) Raw surveillance data may be retained by the law enforcement agency that collected it—

    • (a) until the conclusion of criminal proceedings in relation to an offence in respect of which the data was collected, including the later of—

      • (i) the conclusion of any appeal proceedings brought in relation to the offence; or

      • (ii) the expiry of any period for bringing such an appeal; or

    • (b) until the later of a maximum period of 3 years, or any further period specified in an order made under subsection (2), if—

      • (i) no criminal proceedings have commenced in relation to any offence in respect of which the data was collected; but

      • (ii) the data is required for an ongoing investigation by the agency.

    (2) A Judge may make an order extending by no more than a further 2 years the period for which raw surveillance data may be retained by the agency in the circumstances in subsection (1)(b)(i) and (ii) if—

    • (a) the agency applies for the order before the expiry of the initial 3-year period; and

    • (b) the Judge is satisfied that the data is required for that ongoing investigation.

    (3) Excerpts from raw surveillance data may be retained by the law enforcement agency that collected it in accordance with an order made by a Judge on application by the agency.

    (4) A Judge may make an order under subsection (3) if—

    • (a) the law enforcement agency that collected the raw surveillance data applies for the order; and

    • (b) the Judge is satisfied that the excerpts may be required for a future investigation.

    (5) An order made under subsection (2) or (3) may be made subject to any condition specified in the order that the Judge issuing it considers reasonable.

    (6) Information that is obtained from raw surveillance data but that does not itself constitute raw surveillance data may be retained by the law enforcement agency that collected it if there are reasonable grounds to suspect that the information may be relevant to an ongoing or future investigation by the agency.

    (7) This section is subject to—

    • (a) any direction given under section 55(1)(a) or 56(1)(a); and

    • (b) any enactment requiring the retention of information that is part of a court record.

56B Disposal of raw surveillance data, excerpts, and information obtained
  • A law enforcement agency must ensure that any raw surveillance data, excerpts from raw surveillance data, and information obtained from it that is not itself raw surveillance data, and that is not retained in accordance with section 56A or as part of a court record, is deleted or erased.

Residual warrants

57 Residual warrant required for some other interferences with privacy
  • A law enforcement agency must obtain a residual warrant if, in order to obtain evidential material relating to an offence, the agency wishes to use a device (other than a surveillance device as defined in section 3), or a technique, procedure, or activity that may constitute an intrusion into the reasonable expectation of privacy of any person.

Application for residual warrant

58 Application for residual warrant
  • (1) An application for a residual warrant may be made only by an enforcement officer, and must contain, in reasonable detail, the following particulars:

    • (a) the name of the applicant:

    • (b) the provision authorising the making of an application for a search warrant in respect of the offence:

    • (c) the grounds on which the application is made:

    • (d) the suspected offence in relation to which the residual warrant is sought:

    • (e) a description of the device, technique, procedure, or activity to be used or undertaken, with enough detail to enable the Judge to understand what is proposed to be used or undertaken:

    • (f) the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed use of the device, technique, procedure, or activity.

    • (g) a description of the evidential material believed to be able to be obtained by the proposed use:

    • (h) the period for which the warrant is sought.

    (2) If the enforcement officer cannot provide all the information required under subsection (1)(f) and (g), the application must instead state the circumstances in which the use of the device, technique, procedure, or activity is proposed to be undertaken in enough detail to identify the parameters of, and objectives to be achieved by, the proposed use.

    (3) The applicant must disclose in the application—

    • (a) the details of any other applications for a search warrant, a surveillance device warrant, or a residual warrant, that the applicant knows to have been made within the previous 3 months in respect of the person, place, vehicle, or other thing proposed as the object of the proposed use of the device, technique, procedure, or activity; and

    • (b) the result of that application or those applications.

    (4) The applicant must, before making an application for a residual warrant, make reasonable inquiries within the agency in which the applicant is employed or engaged for the purpose of complying with subsection (3).

59 Conditions for issuing residual warrant
  • The conditions for issuing a residual warrant are that there are reasonable grounds—

    • (a) to suspect that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any relevant enactment authorises an enforcement officer to apply for a search warrant; and

    • (b) to believe that the proposed use of the device (other than a surveillance device as defined in section 3), technique, procedure, or activity in respect of which the residual warrant is sought would obtain information that is evidential material in respect of the offence.

60 Other provisions that apply to residual warrant applications
  • (1) The provisions in subsection (2) apply to any application for a residual warrant as if—

    • (a) any reference in those provisions to a search warrant were a reference to a residual warrant; and

    • (b) any reference in those provisions to an issuing officer were a reference to a Judge; and

    • (c) any reference in those provisions to a District Court were a reference to a District Court or a High Court, as the case may be.

    (2) The provisions are—

    • (a) section 96(2) (relating to requirements for further information); and

    • (b) section 97 (relating to verification of application); and

    • (c) section 98 (relating to mode of application); and

    • (d) section 99 (relating to retention of documents).

Issuing of residual warrants

61 Who may issue residual warrant
  • A residual warrant may be issued by a Judge, on application under section 58, if he or she is satisfied that—

    • (a) the conditions set out in section 59 are met; and

    • (b) there is no enactment other than this subpart of this Act that expressly authorises the obtaining of the evidential material in respect of which the residual warrant is sought.

62 Restrictions on issue of residual warrant
  • A Judge must not issue a residual warrant that would permit surveillance or recording of activity between a lawyer and his or her client that is communication of a kind to which legal professional privilege normally applies unless the Judge is satisfied that the information provided by the applicant indicates that the communication is to be made, received, completed, or prepared—

    • (a) for a dishonest purpose; or

    • (b) for the purpose of planning or committing an offence.

63 Form and content of residual warrant
  • (1) Every residual warrant must—

    • (a) be in the prescribed form; and

    • (b) be directed to every enforcement officer who has authority to carry out the activities authorised by the warrant; and

    • (c) specify a period, of no more than 60 days after the date on which the warrant is issued, for which it is in force; and

    • (d) contain a condition that, in accordance with section 66, a residual warrant report must be provided to a Judge of the same court as the Judge who issues the warrant within 1 month after the expiry of the period for which it is in force; and

    • (e) contain a condition that the enforcement officer carrying out the activities authorised by the warrant must not use any communication obtained under the authority of the warrant unless the privilege is waived or its use is authorised by a Judge, if he or she has reasonable grounds to believe that the communication may be subject to a privilege specified in section 130.

    (2) A residual warrant may be subject to any other conditions specified in the warrant that the Judge issuing it considers reasonable, including a requirement for inclusion of specified information in the residual warrant report provided under section 66.

    (3) Every residual warrant must also contain, in reasonable detail, the following particulars:

    • (a) the name of the Judge issuing the warrant and the date of issue:

    • (b) the provision authorising the making of an application for a search warrant in respect of the suspected offence:

    • (c) a description of the device, technique, procedure, or activity to be used or undertaken that the warrant authorises, with enough detail to enable the enforcement officer using the device, technique, or procedure, or carrying out the activity authorised by the warrant, to understand what is authorised to be used or undertaken:

    • (d) the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed use of the device, technique, procedure, or activity.

    • (e) the evidential material relating to the suspected offence that may be obtained by the proposed use:

    • (f) that an enforcement officer carrying out the activities authorised by the warrant may use any assistance that is reasonable in the circumstances:

    • (g) that an enforcement officer carrying out the activities authorised by the warrant may do any or all of the following, using any force that is reasonable in the circumstances to do so, in order to install, maintain, or remove a device the use of which is authorised by the warrant, or to access and use electricity to power the device:

      • (i) enter onto any premises, area, or vehicle specified in the warrant:

      • (ii) break open or interfere with any vehicle or other thing:

      • (iii) temporarily remove any vehicle or other thing from any place where it is found and return it to that place.

    (4) Despite subsection (3)(d) and (e), if the Judge has not been provided in the application, or otherwise, with the information specified in those provisions because the applicant is unable to provide it, the warrant must instead state the details (as provided under section 58(2) or otherwise) of the circumstances in which the use of the device, technique, procedure, or activity is to be undertaken in enough detail to identify the parameters of, and objectives to be achieved by, the use of the device, technique, procedure, or activity.

    (5) Despite subsection (1)(c), a Judge may issue a further residual warrant in respect of the same suspected offence in regard to which the Judge, or another Judge, has previously issued a residual warrant.

Carrying out activities authorised by residual warrants

64 Carrying out activities authorised by residual warrant
  • A residual warrant allows the following persons to carry out the activities authorised by it:

    • (a) any or all of the persons to whom it is directed:

    • (b) any assistant—

      • (i) who is called upon by a person specified in paragraph (a) to help him or her to carry out the activities; and

      • (ii) who, at all times that he or she is carrying out activities authorised by the warrant, remains under the supervision of a person specified in paragraph (a).

Other provisions that apply to residual warrants

65 Other provisions that apply to residual warrants
  • Section 103 (relating to the transmission of search warrants) and section 105 (relating to when a search warrant is invalid) apply to residual warrants as if—

    • (a) any reference in those provisions to a warrant or search warrant were a reference to a residual warrant; and

    • (b) any reference in those provisions to an issuing officer were a reference to the Judge issuing a residual warrant.

Residual warrant reports

66 Residual warrant report
  • (1) A person who carries out the activities authorised by a residual warrant must provide a residual warrant report within 1 month after the expiry of the period for which the warrant is in force, as specified in the warrant, to a Judge of the same court as the Judge who issued the warrant.

    (2) The residual warrant report must contain the following information:

    • (a) whether carrying out the activities authorised by the residual warrant resulted in obtaining evidential material:

    • (b) the circumstances in which the device, technique, procedure, or activity that the warrant authorised was used:

    • (c) any other information stated in the warrant as being required for inclusion in the residual warrant report.

67 Actions on receipt of report
  • (1) A Judge receiving a residual warrant report under section 66 may do any 1 or more of the following:

    • (a) give directions as to the destruction or retention of the material obtained as a result of the use of the device, technique, procedure, or activity:

    • (b) if he or she considers that the activities carried out were in breach of any of the conditions of the warrant's issue, or of any applicable statutory provision, report on the breach to the chief executive of the relevant agency:

    • (c) order that the subject of the device, technique, procedure, or activity be notified.

    (2) The Judge must not make an order under subsection (1)(c) unless he or she is satisfied that the circumstances set out in subsection (3) exist and—

    • (a) the warrant should not have been issued; or

    • (b) there has been a serious breach of any of the conditions of its issue, or of any applicable statutory provision.

    (3) The circumstances are that the public interest in notification outweighs any potential prejudice to any 1 or more of the following:

    • (a) any investigation by the law enforcement agency:

    • (b) the safety of informants or undercover officers:

    • (c) the supply of information to the law enforcement agency:

    • (d) any international relationships of the law enforcement agency.

Declaratory orders

57 What is a declaratory order
  • (1) A declaratory order is a statement by a Judge that he or she is satisfied that the use of a device, technique, or procedure, or the carrying out of an activity, specified in the order is, in the circumstances of the use or the carrying out of the activity specified in the order, reasonable and lawful.

    (2) A declaratory order is advisory in character and does not affect the jurisdiction of any court to determine whether the activity that was the subject of the order was reasonable and lawful.

Applying for declaratory order

58 When to obtain declaratory order
  • (1) An enforcement officer may apply for a declaratory order in the circumstances set out in subsection (2).

    (2) The circumstances are that—

    • (a) the enforcement officer wishes to use a device, technique, or procedure, or to carry out an activity, that is not specifically authorised by another statutory regime; and

    • (b) the use of the device, technique, or procedure, or the carrying out of the activity, may constitute an intrusion into the reasonable expectation of privacy of any other person.

59 Application for declaratory order
  • (1) An application for a declaratory order may be made only by an enforcement officer, and must contain, in reasonable detail, the following particulars:

    • (a) the name of the applicant:

    • (b) the grounds on which the application is made:

    • (c) a description of the device, technique, procedure, or activity to be used or undertaken, with enough detail to enable the Judge to understand what is proposed to be used or undertaken:

    • (d) the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed use of the device, technique, procedure, or activity.

    (2) If the enforcement officer cannot provide all the information required under subsection (1)(d), the application must instead state the circumstances in which the use of the device, technique, procedure, or activity is proposed to be undertaken in enough detail to identify the parameters of, and objectives to be achieved by, the proposed use.

Making declaratory order

60 Who may make declaratory order
  • A Judge may make a declaratory order if he or she is satisfied that the use of a device, technique, or procedure, or the carrying out of an activity, in the circumstances of the proposed use or carrying out of the activity, is reasonable and lawful.

61 Form and content of declaratory order
  • (1) Every declaratory order must be in the prescribed form.

    (2) Every declaratory order must also contain, in reasonable detail, the following particulars:

    • (a) the name of the Judge making the order and the date the order is made:

    • (b) a description of the device, technique, procedure, or activity to be used or undertaken that the order relates to, and the circumstances covered by the order, with enough detail to enable the enforcement officer using the device, technique, or procedure, or carrying out the activity to which the order relates, to understand what is covered by the order:

    • (c) the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed use of the device, technique, procedure, or activity.

    (3) Despite subsection (2)(c), if the Judge has not been provided in the application, or otherwise, with the information specified in that provision because the applicant is unable to provide it, the order must instead state the details (as provided under section 59(2) or otherwise) of the circumstances in which the use of the device, technique, procedure, or activity is to be undertaken in enough detail to identify the parameters of, and objectives to be achieved by, the use of the device, technique, procedure, or activity.

Subpart 2Production and monitoring orders

68 Interpretation
  • In this subpart,—

    call associated data and network operator have the same meanings as in section 3(1) of the Telecommunications (Interception Capability) Act 2004

    call-related information, in relation to a telecommunication, means any of the following in respect of which a network operator has an interception capability at the time an application is made under section 69 for a production order against that network operator:

    • (a) information that is generated as a result of the making of the telecommunication (whether or not the telecommunication is sent or received successfully), and that identifies the origin, direction, destination, or termination of the telecommunication, and includes—

      • (i) the number from which the telecommunication originates; and

      • (ii) the number to which the telecommunication is sent; and

      • (iii) if the telecommunication is diverted from one number to another number, those numbers; and

      • (iv) the time at which the telecommunication is sent; and

      • (v) the duration of the telecommunication; and

      • (vi) if the telecommunication is generated from a mobile telephone, the point at which the telecommunication first enters a network:

    • (b) the content of the telecommunication

    document includes call-related information

    document includes call associated data and the content of telecommunications in respect of which, at the time an application is made under section 69 for a production order against a network operator, the network operator has storage capability for, and stores in the normal course of its business, that data and content.

    interception capability, network operator, and number have the same meanings as in section 3(1) of the Telecommunications (Interception Capability) Act 2004.

69 Enforcement officer may apply for production order
  • (1) An enforcement officer who may apply for a search warrant to obtain documents may apply to an issuing officer for a production order against a person in respect of those documents if the enforcement officer is satisfied that the conditions, specified in section 70, for making the order against the person are met.

    (2) An application under this section must be in writing and must set out the following particulars:

    • (a) the name of the applicant:

    • (ab) the provision authorising the making of an application for a search warrant in respect of the suspected offence:

    • (b) a description of the offence that it is suspected has been committed, is being committed, or will be committed:

    • (c) the facts relied on to show reasonable grounds to suspect that an offence has been committed, or is being committed, or will be committed:

    • (d) a description of the documents for which production is sought:

    • (e) the facts relied on to show reasonable grounds to believe the documents sought are in the possession or under the control of the person against whom the order is sought:

    • (f) whether the person against whom the order is made should be required to produce,—

      • (i) on 1 occasion only, those documents for which production is sought that are in his or her possession or under his or her control when the order is made; or

      • (ii) on an ongoing basis, those documents for which production is sought that are in his or her possession or under his or her control at the time the order is made, and those documents for which production is sought and that come into his or her possession or come under his or her control at any time while the order is in force.

70 Conditions for making production order
  • The conditions for making a production order are that there are reasonable grounds—

    • (a) to suspect that an offence has been committed, or is being committed, or will be committed (being an offence in respect of which this Act or any relevant enactment specified in column 2 of the Schedule authorises an enforcement officer to apply for a search warrant); and

    • (b) to believe that the documents sought by the proposed order—

      • (i) constitute evidential material in respect of the offence; and

      • (ii) are in the possession or under the control of the person against whom the order is sought, or will come into his or her possession or under his or her control while the order is in force.

71 Other provisions that apply to production order applications
  • (1) The provisions in subsection (2) apply to any application for a production order as if any reference in those provisions to a warrant or search warrant were a reference to a production order.

    (2) The provisions are—

    • (a) section 96(2) (relating to requirements for further information); and

    • (b) section 97 (relating to verification of application); and

    • (c) section 98 (relating to mode of application); and

    • (d) section 99 (relating to retention of documents).

72 Issuing officer may make production order
  • An issuing officer may make a production order against a person if satisfied, on an application made under section 69, that the conditions, specified in section 70, for making the order are met.

73 Form and content of production order
  • (1) A production order must be in the prescribed form and must require the person against whom it is made (person A)—

    • (a) to give the enforcement officer who applied for the order, or a person identified in the order, any documents described in the order that are in the possession or under the control of person A, and, if section 69(2)(f)(ii) applies to the order, documents described in the order that come into the possession or under the control of person A while the order is in force; and

    • (b) if any of those documents are not, or are no longer, in the possession or under the control of person A, to disclose, to the best of person A's knowledge or belief, the location of those documents to the enforcement officer who applied for the order or to the person identified in the order.

    (2) The production order must set out the following:

    • (a) the name of person A:

    • (b) the grounds on which the order is made:

    • (c) the documents required to be given:

    • (d) whether the documents must be produced on 1 occasion only, or whether they are required to be produced on an ongoing basis for the duration of the entire order:

    • (e) the time by which, and the way in which, the documents must be produced.

    (3) The production order may describe the documents required to be given by reference to a class or category of document.

    (4) If the production order is made against a body corporate or an unincorporated body, the order may specify an individual (whether by name or by reference to a position held in the body) who is to comply with the order as the body’s representative.

74 Duration of production order
  • A production order is in force for the period specified in the order (not exceeding 30 days after the date on which the order is made).

75 Other provisions applying to production orders
  • Section 103 (relating to the transmission of search warrants) and section 105 (relating to when a search warrant is invalid) apply to production orders as if any reference in those provisions to a warrant or search warrant were a reference to a production order.

76 Documents produced under production order
  • When any document is produced in compliance with a production order, the enforcement officer who applied for the order may do any 1 or more of the following things:

    • (a) retain the original document produced if it is relevant to the investigation:

    • (b) take copies of the document, or of extracts from the document:

    • (c) if necessary, require the person producing the document to reproduce, or to assist any person nominated by the chief executive or a delegate of the chief executive to reproduce, in usable form, any information recorded or stored in the document.

77 Copy of retained document to be given
  • An enforcement officer who, in accordance with section 76(a), retains an original document that is produced in compliance with a production order must, as soon as practicable after the document is produced, take a copy of the document and give the copy to the person who produced the original document in compliance with the production order.

Subpart 3Police and Customs officer powers to search in relation to delivery under section 12 of Misuse of Drugs Amendment Act 1978

78 Meaning of terms used in this subpart
  • In this subpart, unless the context otherwise requires, craft, package, and vehicle have the same meanings as in section 2(1) of the Customs and Excise Act 1996.

79 Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978
  • (1) In the circumstances set out in subsection (2), a constable or a Customs officer may, during the course of a delivery in relation to which a Customs officer has exercised his or her powers under section 12 of the Misuse of Drugs Amendment Act 1978, do any or all of the following without a warrant:

    • (a) search a person involved in a delivery under section 12 of the Misuse of Drugs Amendment Act 1978:

    • (b) enter and search any place, craft, or vehicle:

    • (c) seize anything that he or she has reasonable grounds to believe is a thing described in any of paragraphs (a) to (d) of subsection (2).

    (2) The circumstances are that the constable or the Customs officer has reasonable grounds to believe that the person is in possession of, or the place, craft, or vehicle contains, any 1 or more of the following:

    • (a) a controlled drug:

    • (b) a precursor substance:

    • (c) a package in relation to which the Customs officer has replaced all or a portion of any controlled drug or precursor substance:

    • (d) evidential material in relation to the commission of an offence under section 6(1)(a) or 12AB of the Misuse of Drugs Act 1975.

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

80 Application of this subpart
  • This subpart applies to any person who has exercised a power of arrest or detention, or both, by or under this Act or any other enactment, other than—

    • (a) the Armed Forces Discipline Act 1971; or

    • (b) the Defence Act 1990; or

    • (c) any regulations made under either of those Acts.

81 Entry without warrant after arrest
  • (1) A person to whom this subpart applies who has arrested a person and has reasonable grounds to believe that the circumstances in subsection (2) exist in a place may enter it without a warrant to search for and seize any evidential material relating to the offence for which the person was arrested.

    (2) The circumstances are—

    • (a) that evidential material relating to the offence for which the person was arrested is in that place; and

    • (b) that, if entry is delayed in order to obtain a search warrant, evidential material relating to the offence for which the person was arrested will be destroyed, concealed, or damaged.

82 Warrantless entry and search of vehicle after arrest
  • A person to whom this subpart applies who has arrested a person and who has reasonable grounds to believe that evidential material relating to the offence for which the person was arrested is in a vehicle may enter and search it without a warrant.

83 Rub-down search of arrested or detained person
  • (1) A person to whom this subpart applies may carry out a rub-down search of a person, in accordance with this section, when the person is arrested, or detained under a statutory power of detention, in order to ensure that the person is not carrying anything that may be used—

    • (a) to harm any person; or

    • (b) to facilitate the person’s escape.

    (2) For the purposes of this section and sections 84 and 85, a rub-down search means a search of a clothed person in which the person conducting the search may do any or all of the following:

    • (a) run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than the underclothing) of that person:

    • (b) insert his or her hand inside any pocket or pouch in the clothing (other than the underclothing) of the person being searched:

    • (c) for the purpose of permitting a visual inspection, require the person being searched to do any or all of the following:

      • (i) open his or her mouth:

      • (ii) display the palms of his or her hands:

      • (iii) display the soles of his or her feet:

      • (iv) lift or rub his or her hair.

84 Things that can be done to facilitate rub-down search
  • (1) For the purpose of facilitating any of the actions referred to in any of paragraphs (a) to (c) of section 83(2), the person conducting a rub-down search may require the person being searched—

    • (a) to remove, raise, lower, or open any outer clothing (including (without limitation) any coat, jacket, jumper, or cardigan) being worn by the person being searched, except where that person has no other clothing, or only underclothing, under that outer clothing; and

    • (b) to remove any head covering, gloves, or footwear (including socks or stockings) being worn by that person.

    (2) A rub-down search of a person may include searching—

    • (a) any item carried by, or in the possession of, the person; and

    • (b) any outer clothing removed, raised, lowered, or opened for the purposes of the search; and

    • (c) any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.

85 Rub-down search may include visual examination
  • A rub-down search may include a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but must not include the insertion of any instrument, device, or thing into any of those orifices.

86 Warrantless search of arrested or detained person
  • (1) A person to whom this subpart applies may, in the circumstances set out in subsection (2), carry out a search of a person.

    (2) The circumstances are that the person to whom this subpart applies has reasonable grounds to believe that there is anything any thing on or carried by a person who is arrested or detained under a statutory power of detention that—

    • (a) may be used to harm any person; or

    • (b) may be used to facilitate the person’s escape; or

    • (c) is evidential material relating to the offence in respect of which the arrest is made or the person is detained.

Part 4
General provisions in relation to search and inspection powers

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

Application of rules

87AA General application rules
  • (1) This Part applies, to the extent and in the manner provided by Part 2, Part 3, and this Part,—

    • (a) in respect of—

      • (i) powers conferred on the Police by Part 2; and

      • (ii) search warrants and examination orders applied for, issued, or made under that Part; and

    • (b) in respect of—

      • (i) powers conferred on enforcement officers by Part 3; and

      • (ii) surveillance device warrants, declaratory orders, and production orders applied for, issued, or made under that Part; and

    • (c) in respect of any other matter provided for in Part 2, or Part 3, or this Part.

    (2) This Part also applies in respect of powers conferred by enactments listed in column 2 of the Schedule, to the extent and in the manner—

    • (a) identified in column 4 of the Schedule; and

    • (b) set out in subparts 1 and 2 of Part 5.

    (3) If any provision in subparts 1 to 5 of this Part applies in respect of a power conferred by an enactment listed in column 2 of the Schedule, then subparts 6 to 9 of this Part also apply in relation to that power, to the extent and in the manner identified in those subparts.

    (4) Except to the extent provided in subsections (2) and (3), Part 5, and the Schedule, this Part does not apply in respect of—

    • (a) a search warrant, search, inspection, examination, production order, examination order, or any other warrant or order made, executed, or carried out, as the case requires, under any other Act or regulations made under any other Act; or

    • (b) surveillance of any kind conducted under any other Act or regulations made under any other Act.

87AB Relationship between this Part and Part 5
  • The way in which the provisions of this Part are applied to the Acts amended by Part 5 is set out in the Schedule.

87AC Interpretation
  • (1) In this Part, unless the context otherwise requires,—

    enforcement officer, in relation to any provision in this Part,—

    • (a) means any of the following persons:

      • (i) a constable:

      • (ii) any person authorised by this Act, or by any enactment specified in column 2 of the Schedule to which that provision is applied, to exercise a power of entry, search, or seizure; but

    • (b) does not include any person referred to in paragraph (a) in relation to the exercise by that person of any power of entry, search, or seizure under any enactment that is not—

      • (i) part of this Act; or

      • (ii) an enactment to which that provision is applied

    search power, in relation to any provision in this Part, means—

    • (a) every search warrant issued under this Act or an enactment set out in column 2 of the Schedule to which that provision is applied; and

    • (b) every power, conferred under this Act or an enactment set out in column 2 of the Schedule to which that provision is applied, to enter and search, or enter and inspect or examine (without warrant), any place, vehicle, or other thing.

    (2) If any provision in this Part applies (because of the operation of Part 5 and the Schedule) in respect of any warrant that would enable entry and inspection, or entry and examination, every reference in that provision to a search must, in relation to that warrant and its execution, be read instead, as the case requires, as a reference to an inspection, or an examination, or a power of inspection, or a power of examination.

    (3) If any provision in this Part applies (because of the operation of Part 5 and the Schedule) in respect of a power to enter and inspect a place, vehicle, or thing, or to enter and examine a place, vehicle, or thing, every reference in this Part to a search must, in relation to that power, be read instead, as the case requires, as a reference to an inspection, or a power of inspection, or an examination, or a power of examination.

    (4) Subsection (3) does not limit subsection (2).

87AD Definitions related to computers
  • (1) In this Part, unless the context otherwise requires,—

    access, in relation to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system

    access information includes codes, passwords, and encryption keys, and any related information that enables access to a computer system or any other data storage device

    computer system

    • (a) means—

      • (i) a computer; or

      • (ii) 2 or more interconnected computers; or

      • (iii) any communication links between computers or to remote terminals or another device; or

      • (iv) 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and

    • (b) includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and stored data

    remote access search means a search of a thing such as an Internet data storage facility that does not have a physical address that a person can enter and search.

    (2) For the purposes of the definition of computer system, a computer is interconnected with another computer if it can be lawfully used to provide access to that other computer—

    • (a) with or without access information; and

    • (b) whether or not either or both computers are currently turned on; and

    • (c) whether or not access is currently occurring.

87 Application of rules in relation to enforcement officers and transfer of things between law enforcement agencies, etc
  • (1) Any duty imposed on an enforcement officer under this Part may be carried out instead by an enforcement officer employed or engaged by the same law enforcement agency as the other enforcement officer.

    (2) Subsection (3) applies if any thing is seized by or produced to a person employed or engaged by any law enforcement agency and the thing is then transferred to another law enforcement agency for the purposes of investigation, prosecution, or forfeiture.

    (3) If this subsection applies, the obligations imposed by this Part on any law enforcement agency or any enforcement officer engaged by that agency must, after the transfer of the thing referred to in subsection (2), be carried out by the law enforcement agency to which the thing is transferred or by an enforcement officer employed by that agency.

    (4) Subsection (3) is subject to any contrary provisions in any other enactment.

Consent searches

88 Application of rules about consent searches
  • Sections 89 to 92 apply in respect of consent searches undertaken by an enforcement officer in circumstances where a power of search by an enforcement officer to which this Part applies or any provisions of this Part apply (whether a warrantless power or a power able to be conferred by a search warrant) could be exercised if the officer held a particular belief or suspicion.

89 Purposes for which consent search may be undertaken
  • An enforcement officer may ask a person to consent to undergo a search or to consent to a search being made of a place, vehicle, or other thing apparently in the control of the person, if the enforcement officer wishes to conduct the search for 1 or more of the following purposes:

    • (a) to prevent the commission of an offence:

    • (b) to protect life or property, or to prevent injury or harm:

    • (c) to investigate whether an offence has been committed:

    • (d) any purpose in respect of which the enforcement officer could exercise a power of search conferred by an enactment, if he or she held a particular belief or suspicion specified in the enactment.

90 Advice that must be given before consent search undertaken
  • Before conducting a search by consent, the enforcement officer who proposes to conduct it must—

    • (a) determine that the search is for a purpose authorised by section 89; and

    • (b) advise the person from whom consent is sought of the reason for the proposed search; and

    • (c) advise the person that he or she may either consent to the search or refuse to consent to the search.

91 Circumstances where search by consent unlawful
  • A search by consent is unlawful if—

    • (a) it is not for a purpose set out in section 89; or

    • (b) the enforcement officer fails to comply with section 90(a), (b), or (c); or

    • (c) the search is undertaken in reliance on a consent given by a person who does not have authority to give that consent.

92 Ability of persons under 14 years to consent to searches of places, vehicles, or other things
  • (1) A person under 14 years of age is unable to consent to the search of a place, vehicle, or other thing.

    (2) Subsection (1) does not apply to a person under 14 years of age who is found driving a vehicle with no passenger of or over the age of 14 years with authority to consent to the search of the vehicle.

93 Exceptions to consent search rules
  • Sections 89 to 92 do not—

    • (a) apply to a search conducted as a condition of entry to any public or private place; or

    • (b) apply to a search conducted in accordance with a power conferred by an enactment; or

    • (c) affect the rule of law relating to the implied licence to enter property.

Subpart 2Search warrants

94 Application of sections 95 to 99
  • The provisions of sections 95 to 99 apply in respect of every warrant applied for, or issued, under this Act or any relevant enactment specified in column 2 of the Schedule to which those sections are applied that would enable entry, or entry and search, or entry and inspection, or entry and examination, of any land, premises, place, vehicle, or other thing (a search warrant).

    (2) If sections 95 to 99 apply in respect of any warrant that would enable entry and inspection, or entry and examination, every reference in those sections to a search must be read instead, as the case requires, as a reference to an inspection, or an examination, or a power of inspection, or a power of examination.

95 Interpretation
  • In this subpart, unless the context otherwise requires,—

    applicant, in relation to any provision in this subpart, means any of the following persons:

    • (a) a constable:

    • (b) any other person authorised to apply for a search warrant by this Act or any relevant enactment enactment specified in column 2 of the Schedule to which that provision applies to apply for a search warrant

    thing includes an intangible thing (for example, an email address or access information to an Internet data storage facility).

Application for search warrant

96 Application for search warrant
  • (1) An application for a search warrant must contain, in reasonable detail, the following particulars:

    • (a) the name of the applicant:

    • (b) the provision authorising the making of the application:

    • (c) the grounds on which the application is made (including the reasons why the legal requirements for issuing the warrant are believed by the applicant to be satisfied):

    • (d) the address or other description of the place, vehicle, or other thing proposed to be entered, or entered and searched, inspected, or examined:

    • (e) a description of the item or items or other evidential material believed to be in or on or part of the place, vehicle, or other thing that are sought by the applicant:

    • (f) the period for which the warrant is sought:

    • (g) if the applicant wants to be able to execute the warrant on more than 1 occasion, the grounds on which execution on more than 1 occasion is believed to be necessary.

    (2) The issuing officer—

    • (a) may require the applicant to supply further information concerning the grounds on which the search warrant is sought; but

    • (b) must not, in any circumstances, require the applicant to disclose the name, address, or any other identifying detail of an informant unless, and only to the extent that, such information is necessary for the issuing officer to assess either or both of the following:

      • (i) the credibility of the informant:

      • (ii) whether there is a proper basis for issuing the warrant.

    (3) The applicant must disclose in the application—

    • (a) details of any other application for a search warrant that the applicant knows to have been made within the previous 3 months in respect of the place, vehicle, or other thing proposed to be searched; and

    • (b) the result of that application or those applications.

    (4) The applicant must, before making an application for a search warrant, make reasonable inquiries within the law enforcement agency in which the applicant is employed or engaged, for the purpose of complying with subsection (3).

    (5) The issuing officer may authorise the search warrant to be executed on more than 1 occasion during the period in which the warrant is in force if he or she is satisfied that this is required for the purposes for which the warrant is being issued.

97 Application must be verified
  • An application for a search warrant must contain or be accompanied by a statement by the applicant confirming the truth and accuracy of the contents of the application.

98 Mode of application for search warrant
  • (1) An application for a search warrant—

    • (a) must be in writing, unless subsection (3) applies; and

    • (b) may be transmitted to the issuing officer electronically.

    (2) The applicant must appear in person before, or communicate orally with, the issuing officer, unless subsection (4) applies.

    (3) An issuing officer may allow an application for a search warrant to be made orally (for example, by telephone call) or by personal appearance and excuse the applicant from putting all or any part of the application (including any required material) in writing if—

    • (a) the issuing officer is satisfied that the delay that would be caused by requiring an applicant to put all or any part of the application (including any required material) in writing would compromise the effectiveness of the search; and

    • (b) the issuing officer is satisfied that the question of whether the warrant should be issued can properly be determined on the basis of an oral communication or a personal appearance (together with the material described in paragraph (c)); and

    • (c) the information required by section 96(1) to (3) is supplied (whether orally, or partly orally and partly in writing) to the issuing officer.

    (4) An issuing officer may allow an application for a search warrant to be made without either an appearance in person or an oral communication with the issuing officer if—

    • (a) the issuing officer is satisfied that the question of whether the search warrant should be issued can properly be determined on the basis of any written communication by the applicant (including the material described in paragraph (b)); and

    • (b) the information required by section 96(1) to (3) has been supplied to the issuing officer; and

    • (c) the issuing officer is satisfied that there is no need to ask any questions of, or seek any further information from, the applicant.

    (5) An issuing officer who allows an application for a search warrant to be made under subsection (3) must record the grounds for the application as soon as practicable.

99 Retention of documents
  • (1) A copy (whether in electronic form or otherwise) of every written application for a search warrant, or (in the case of an oral application) the record of the application made by the issuing officer, must be retained under the control of the Registrar of the District Court at which, or under the control of the Registrar of the District Court that is closest to the place at which, the application was made, until,—

    • (a) in a case where a search warrant is issued, the completion of any proceedings in respect of which the validity of the warrant may be in issue; or

    • (b) in any other case, the expiry of 2 years after the records were first retained under the control of the Registrar of a District Court.

    (2) An applicant to whom a search warrant is issued must retain (whether in electronic form or otherwise) the warrant, a copy of the application (if made in written form), copies of all documents tendered by the applicant in support of the application, and a copy of any search warrant report referred to in section 102 required to be prepared, until,—

    • (a) in the case of a warrant that is executed, the completion of any proceedings in respect of which the validity of the warrant may be in issue; or

    • (b) in any other case, the destruction or transfer of the warrant and other documents is required by the Public Records Act 2005 or any other enactment or rule of law.

Issuing of search warrant

100 Restrictions on issue of search warrant
  • An issuing officer must not issue a warrant to seize any thing held by a lawyer that is a communication of a kind to which legal professional privilege normally applies, unless the issuing officer is satisfied that the information provided by the applicant indicates there is a prima facie case that the thing was made, or received, completed, or compiled, or prepared—

    • (a) for a dishonest purpose; or

    • (b) for the purpose of planning to commit or committing an offence.

101 Form and content of search warrant
  • (1) Every search warrant issued must be in the prescribed form.

    (2) Every search warrant issued must be directed to every enforcement officer who has authority to execute the warrant.

    (3) A search warrant may be—

    • (a) executed by—

      • (i) any or all of the persons to whom it is directed; or

      • (ii) any constable (whether or not the warrant is directed to that constable or to every constable):

    • (b) subject to any conditions specified in the warrant that the issuing officer considers reasonable, including (without limitation)—

      • (i) any restriction on the time of execution that is reasonable:

      • (ii) a condition that the occupier or person in charge of a place must provide reasonable assistance to a person executing the warrant if, in the absence of such assistance, it would not be practical to execute the warrant without undue delay:

    • (c) executed only once, unless execution on more than 1 occasion has been authorised.

    (4) Every search warrant must contain, in reasonable detail, the following particulars:

    • (a) the name or other individual designation of the issuing officer and the date of issue:

    • (b) the provisions or provisions authorising the issue of the warrant (including, where relevant, the suspected offence or offences):

    • (c) that the person executing the warrant may use any assistance that is reasonable in the circumstances:

    • (d) that any person authorised to do so may execute the warrant:

    • (e) that the person executing the warrant may use any force, if authorised by this Act or any other enactment, that is reasonable in the circumstances to enter or break open or access any area within the place, vehicle, or other thing being searched, or the thing found:

    • (f) the address or description of the place, vehicle, or other thing that may be entered, or entered and searched, inspected, or examined:

    • (g) a description of what may be seized:

    • (h) the period during which the warrant may be executed, being—

      • (i) a period specified by the issuing officer not exceeding 14 days from the date of issue; or

      • (ii) if the issuing officer is satisfied that a period of longer than 14 days is necessary for execution, a period specified by the issuing officer not exceeding 30 days from the date of issue:

    • (i) any conditions specified by the issuing officer under subsection (3)(b):

    • (j) if the warrant may be executed on more than 1 occasion, the number of times that the warrant may be executed:

    • (k) if the warrant is intended to authorise the a remote access and search of things such as Internet data storage facilities that are (for example, a search of a thing such as an Internet data storage facility that is not situated at a physical location that can be searched,) the access information that identifies the thing to be searched remotely:

    • (l) an explanation of the availability of relevant privileges and an outline of how any of those privileges may be claimed:

    • (m) a statement that,—

      • (i) in the case of a search under a search warrant issued in relation to offences under the Misuse of Drugs Act 1975, any person found in the place or vehicle to be searched may also be searched; or

      • (ii) in the case of any other search authorised by this Act or any relevant enactment specified in column 2 of the Schedule to which this section applies, any person found in the place or vehicle to be searched may be searched if there are reasonable grounds to believe that the an item being searched for is on that person.

    (4A) A search warrant may authorise the search of more than 1 place, vehicle, or thing.

    (4B) An issuing officer may not issue a search warrant authorising the remote access search of a thing unless he or she is satisfied that the thing is not located at a physical address that a person can enter and search.

    (5) A person is not required, as a consequence of a condition imposed under subsection (3)(b)(ii), to give any information tending to incriminate the person.

102 Issuing officer may require search warrant report
  • (1) An issuing officer may impose a condition under section 101(3)(b) requiring the employer of any person to whom a search warrant is issued to provide that issuing officer with a search warrant report within a specified period.

    (2) A search warrant report must contain the following information:

    • (a) whether the search warrant was executed:

    • (b) whether the execution of the search warrant resulted in the seizure of evidential material, and, if so, whether that material was material—

      • (i) specified in the search warrant; or

      • (ii) seized under section 119; or

      • (iii) some of which was specified in the warrant and some of which was seized under section 119:

    • (c) whether any other powers exercised in conjunction with the execution of the warrant resulted in the seizure of evidential material:

    • (d) whether any criminal proceedings have been brought, or are under consideration, that relate to the any evidential material seized.

103 Transmission of search warrant
  • If it is not possible or practicable for the person charged with executing the warrant to have it in his or her possession at the time of execution, one of the following documents (which is deemed for all legal purposes to constitute the warrant) may be executed:

    • (a) a facsimile, or a print-out printout of an electronically generated copy, of a warrant issued by the issuing officer:

    • (b) a copy made by the person to whom the warrant is directed, at the direction of the issuing officer and endorsed to that effect.

104 When search warrant executed
  • A search warrant is executed when the person executing the warrant and any person assisting in the execution of the warrant—

    • (a) has seized all the items specified in the warrant; or

    • (b) leaves the place, vehicle, or other thing being searched and does not return within 4 hours.

105 When search warrant invalid
  • (1) A search warrant is invalid—

    • (a) if, having regard to the information contained in the application, the grounds or conditions for lawful issue of a warrant set out in section 6 or, if applicable, the relevant enactment specified in column 2 of the Schedule to which this section applies were not satisfied at the time the search warrant was issued:

    • (b) if the warrant contains a defect, irregularity, omission, or want of form that is likely to mislead anyone executing or affected by the warrant as to its purpose or scope.

    (2) If a warrant is invalid under this section, section 204 of the Summary Proceedings Act 1957 does not apply to that warrant.

106 Authorisation of issuing officers
  • (1) The Attorney-General may authorise any Justice of the Peace, Community Magistrate, Registrar, Deputy Registrar, or other person to act as an issuing officer for a term, not exceeding 3 years, specified in the notice of authorisation.

    (1A) The Attorney-General may not authorise an enforcement officer to act as an issuing officer.

    (2) The Attorney-General may not authorise any Justice of the Peace, Community Magistrate, Registrar, Deputy Registrar, or other person to act as an issuing officer unless the Attorney-General is satisfied that the person has sufficient knowledge, skill, and experience to act as an issuing officer.

    (3) The Attorney-General may from time to time renew an authorisation granted under subsection (1) for a further term not exceeding 3 years specified in the notice of renewal.

    (4) The Attorney-General may remove an issuing officer, other than a Judge, from office for neglect of duty, inability to perform the duties of office, bankruptcy, or misconduct, proved to the satisfaction of the Attorney-General.

    (5) The Attorney-General must remove an issuing officer if he or she becomes an enforcement officer.

    (6) Any issuing officer (other than a Judge) may at any time resign the office of issuing officer by notice in writing addressed to the Attorney-General.

106A Limitation on jurisdiction of certain issuing officers
  • An issuing officer who is employed or engaged by a law enforcement agency must not consider, or perform any function in relation to, any application made by a law enforcement officer employed or engaged by the same law enforcement agency as the issuing officer.

Subpart 3Carrying out search powers

107 Application
  • (1) For the purposes of this subpart, search power means—

    • (a) every search warrant issued under this Act or any relevant enactment; and

    • (b) every power conferred under this Act or any relevant enactment to enter and search, or enter and inspect or examine (without warrant), any place, vehicle, or other thing.

    (2) If this subpart applies in respect of a power conferred by this Act or a relevant enactment to enter and inspect a place, vehicle, or thing, or to enter and examine a place, vehicle, or thing, every reference in this subpart to a search must be read instead, as the case requires, as a reference to an inspection, or a power of inspection, or an examination, or a power of examination.

108 Search powers
  • Every search power authorises the person exercising it—

    • (a) to enter and search the place, vehicle, or other thing that the person is authorised to enter and search, and any item or items found in that place or vehicle or thing, at any time that is reasonable in the circumstances:

    • (b) to request any person to assist with the entry and search (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi):

    • (c) to use any force in respect of any property that is reasonable for the purposes of carrying out the entry and search and the seizure of any item authorised by the search power to be seized any lawful seizure:

    • (d) if and only if section 111(2) applies to the person exercising the power, to detain any person who is at the place or in the vehicle or other thing being searched, or who arrives there while the search is being undertaken, for a reasonable period (using reasonable force if necessary), to enable the person exercising the power to determine whether the person is connected with the object of the search:

    • (e) to seize any thing authorised to that may lawfully be seized:

    • (f) to bring and use in or on the place, vehicle, or other thing searched any equipment, to use any equipment found on the place, vehicle, or other thing, and to extract any electricity from the place, vehicle, or other thing to operate the equipment that it is reasonable to use in the circumstances, for the purposes of carrying out the entry and search:

    • (g) to bring and use in or on the place, vehicle, or other thing searched a dog (being a dog that is trained to undertake searching for law enforcement purposes and that is under the control of its usual handler):

    • (h) to copy any document, or part of a document, that may lawfully be seized:

    • (i) to access and copy intangible material from computers and a computer system or other data storage devices located at or accessible from (in whole or in part) at the place, vehicle, or other thing searched (including copying by means of previewing, cloning, or other forensic methods either before or after removal for examination):

    • (j) to use any reasonable measures to—

      • (i) gain access to any computer system or other data storage device that is located (in whole or in part) at the place or in the vehicle or other thing to be searched, or that can be accessed from a computer or other data storage device that is at that place or in that vehicle or other thing; and

      • (ii) create a forensic copy of any material in such a computer system or other data storage device:

    • (k) to take photographs, sound and video recordings, and drawings of the place, vehicle, or other thing searched, and of any thing found in that place, vehicle, or other thing, if the person exercising the power has reasonable grounds to believe that the photographs or sound or video recordings or drawings may be relevant to the purposes of the entry and search.

108A Remote access search of thing authorised by warrant
  • Every person executing a search warrant authorising a remote access search may—

    • (a) access and copy intangible material from the thing being searched (including copying by means of previewing, cloning, or other forensic methods); and

    • (b) use reasonable measures to—

      • (i) gain access to the thing; and

      • (ii) create a forensic copy of material in the thing.

109 Items of uncertain status may be seized
  • If a person exercising a search power is uncertain whether any item found may lawfully be seized, and it is not reasonably practicable to determine whether that item can be seized at the place or vehicle where the search takes place, the person exercising the search power may remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized.

110 Powers of persons called to assist
  • (1) Every person called on to assist a person exercising a search power is subject to the control of the person with overall responsibility for exercising that power.

    (2) Every person called on to assist a person exercising a search power may—

    • (a) enter the place, vehicle, or other thing to be searched:

    • (b) while under the direction of the person exercising the power, use reasonable force in respect of any property for the purposes of carrying out the entry and search and any lawful seizure:

    • (c) search areas within the place, vehicle, or other thing that the person exercising the power has determined may lawfully be searched:

    • (d) if and only if section 111(2) applies to the person exercising the power, detain any person who is at the place or in the vehicle or other thing being searched, or who arrives there while the search is being undertaken (using reasonable force if necessary), to enable the person exercising the power to determine whether the person is connected with the object of the search:

    • (e) seize any thing that may lawfully be seized:

    • (f) take photographs, sound and video recordings, and drawings of the place, vehicle, or other thing, and things found in the place, vehicle, or other thing, if the person exercising the power has determined that those things may be lawfully taken:

    • (g) bring into or onto the place, vehicle, or other thing searched and use any equipment, make use of any equipment found on the place or in the vehicle or other thing, or extract electricity from the place, vehicle, or other thing for the purposes of operating the equipment that the person exercising the power has determined may be lawfully used:

    • (ga) bring in and use in or on the place, vehicle, or other thing searched a dog (being a dog that is trained to undertake searching for law enforcement purposes and that is under the control of its usual handler):

    • (h) access and copy intangible material from computers and a computer system or other data storage devices located (in whole or in part) at or accessible from the place, vehicle, or other thing searched (including copying by means of previewing, cloning, or other forensic methods either before or after removal for examination):

    • (i) copy any document, or part of a document, that the person exercising the power has determined may be lawfully copied:

    • (j) use any reasonable measures to—

      • (i) gain access to any computer system or other data storage device that is located (in whole or in part) at the place or in the vehicle or other thing to be searched, or that can be accessed from a computer or other data storage device that is at that place or in that vehicle or other thing; and

      • (ii) create a forensic copy of any material in such a computer system or other data storage device.

    (3) If a constable is assisting another person exercising the search power, that constable may, without any direction or supervision by the person he or she is assisting, exercise any power ordinarily exercisable by that constable.

    (4) The person exercising the search power must—

    • (a) accompany any assistant on the first occasion when the assistant enters the place, vehicle, or other thing to be searched; and

    • (b) provide such other supervision of any assistant as is reasonable in the circumstances.

    (5) Subsection (4) does not apply if the assistant is a constable.

110A Powers of persons called to assist remote access search
  • Every person called on to assist a person executing a search warrant authorising a remote access search may—

    • (a) access and copy intangible material from the thing being searched (including copying by means of previewing, cloning, or other forensic methods); and

    • (b) use reasonable measures to—

      • (i) gain access to the thing; and

      • (ii) create a forensic copy of material in the thing.

111 Limitation on exercise of powers
  • (1) The powers conferred by sections 108 to 110A are subject to—

    • (a) any conditions imposed under section 101(3)(b) by an issuing officer who issues a search warrant:

    • (b) subpart 4 of this Part (which relates to privilege and confidentiality).

    (2) The powers conferred by sections 108(d), 110(2)(d), and 114(1) to detain a person may only be exercised by a person who has power to arrest the person to be detained—

    • (a) for a suspected offence to which the search relates; or

    • (b) for a suspected offence to which evidential material that is discovered in the course of the search relates.

    (3) To avoid doubt, the powers conferred by sections 108(c) and 110(2)(b) do not authorise the application of force to any person.

Giving directions

112 Securing place, vehicle, or other thing to be searched
  • (1) The person carrying out a search may, in a manner and for a duration that is reasonable for the purposes of carrying out the search,—

    • (a) secure the place, vehicle, or other thing searched, any area within that place, vehicle, or other thing, or any thing found within that place, vehicle, or other thing:

    • (b) exclude any person from the place, vehicle, or other thing searched, or from any area within the place, vehicle, or other thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of any power under this subsection.

    (2) A person who exercises any power under subsection (1) must, on the request of any person affected by the exercise of the power,—

    • (a) identify himself or herself; and

    • (b) advise the person affected of the reason and authority for the exercise of the power.

Establishing search scene

113 Special powers where application for search warrant pending
  • (1) If an application for a search warrant is about to be made or has been made and has not yet been granted or refused by an issuing officer, an enforcement officer present at the place or vehicle that is or is to be the subject of the application may, if authorised by subsection (1A),

    • (a) enter and secure the place, vehicle, or other thing in respect of which authorisation to enter and search is being sought, and secure any item or items found at that place or in that vehicle or other thing, at any time that is reasonable in the circumstances:

    • (b) requestdirect any person to assist with the entry and securing of the place or vehicle or other thing or the securing of items in it (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi).

    (1A) The powers conferred by subsection (1) may be exercised if the enforcement officer has reasonable grounds to believe that evidential material may be destroyed, concealed, altered, damaged, or removed before a decision is taken to grant or refuse the issue of a search warrant.

    (2) The powers conferred by subsection (1) may be exercised until the first of the following occurs:

    • (a) the expiry of 6 hours from when the power is first exercised:

    • (b) the warrant is available for execution at that place or vehicle or in respect of that other thing:

    • (c) the application for a search warrant is refused.

    (3) A person who exercises any power under subsection (1) must, on the request of any person affected by the exercise of the power,—

    • (a) identify himself or herself; and

    • (b) advise the person affected of the reason and authority for the exercise of the power.

Detention of person at search scene

114 Powers of detention incidental to powers to search places and vehicles
  • (1) If any constable or other person (being a person to whom section 111(2) applies) exercises a search power in relation to a place or vehicle, that constable or other person may, for the purposes of determining whether there is any connection between a person at the place or in the vehicle and the object of the search, detain any person—

    • (a) who is at the place or in the vehicle at the commencement of the search; or

    • (b) who arrives at the place or stops at, or enters, or tries to enter, the vehicle while the search is being carried out.

    (2) A person may be detained under subsection (1) for any period that is reasonable, but not for longer than the duration of the search.

    (3) A detention of any person commences under subsection (1) when the constable or other person exercising the search power directs that person to remain at the place or in the vehicle and ends when that person is told by the constable or other person exercising the search power that he or she is free to leave the place or vehicle.

    (4) Reasonable force may be used for the purpose of effecting and continuing any detention under subsection (1).

    (5) This section does not limit the powers conferred by section 108(d) or 110(2)(d).

Powers of search incidental to powers of arrest

115 Powers of search incidental to power of arrest
  • (1) If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in the vehicle, or who arrives at the place or stops at, or enters, or tries to enter the vehicle, if the person conducting the search has reasonable grounds to believe that evidential material that is the object of the search is on that person.

    (2) If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in the vehicle, or who arrives at the place or stops at, or enters, or tries to enter the vehicle, if the person conducting the search—

    • (a) has reasonable grounds to suspect that the person is in possession of a dangerous item that poses a threat to safety; and

    • (b) believes that immediate action is needed to address that threat.

    (3) If any item referred to in subsection (2)(a) is seized, it must, unless possession of the item constitutes an offence, be returned to the person from whom it was taken either—

    • (a) once the search has been completed; or

    • (b) when the person who conducted the search is satisfied that there is no longer any threat to safety.

116 Powers of search when suspect pursued
  • (1) If any person who may exercise a power of arrest intends to conduct a search of a person or vehicle, but that person or vehicle leaves before the search is undertaken or completed, the person who intended to conduct the search may,—

    • (a) on apprehending the person or vehicle, search the person or vehicle; and

    • (b) enter private property for the purpose of apprehending the person or vehicle.

    (2) A person may not exercise the powers conferred by subsection (1)(a) or (b) unless—

    • (a) the person was freshly pursuing the person to be searched from the location of the intended search, when the person was apprehended; and

    • (b) the person intending to conduct the search has reasonable grounds to believe that relevant evidential material is still on the person who is to be searched, or in the vehicle.

Stopping vehicles with or without warrant for purposes of search

117 Stopping vehicles with or without warrant for purposes of search
  • (1) An enforcement officer may stop a vehicle to conduct a search under a power to search without a warrant conferred on that officer by this Act or any relevant enactment specified in column 2 of the Schedule to which this section applies if he or she is satisfied that he or she has grounds to search the vehicle.

    (2) An enforcement officer may stop a vehicle to conduct a search under a power to search with a warrant issued under this Act or any relevant enactment specified in column 2 of the Schedule to which this section applies if he or she is satisfied that the warrant has been issued and is in force.

Moving vehicle for safekeeping and other purposes

118 Moving vehicle for purpose of search, safekeeping, or road safety
  • An enforcement officer may move a vehicle to another place if he or she finds or stops the vehicle and he or she—

    • (a) has lawful authority to search the vehicle, but it is impracticable to do so at that place; or

    • (b) has reasonable grounds to believe that it is necessary to move the vehicle for safekeeping or for road safety purposes.

Seizure of items in plain view

119 Seizure of items in plain view
  • (1) An enforcement officer who exercises a search power or who is lawfully in any place as part of his or her duties may seize any item or items that he or she, or any person assisting him or her, finds in the course of carrying out the search or as a result of observations at that place, if the enforcement officer has reasonable grounds to believe that he or she could have seized the item or items under—

    • (a) any search warrant that could have been obtained by him or her under this Act or any other enactment; or

    • (b) any other search power exercisable by him or her under this Act or any other enactment.

    (2) If an enforcement officer seizes any item or items under subsection (1), in circumstances where he or she is not already exercising a search power, the enforcement officer may exercise any applicable power conferred by section 108 in relation to the seizure of the item or items.

Search of persons

120 Special rules about searching persons
  • (1) If a person exercises a power to search a person, the person exercising the power—

    • (a) must identify himself or herself either by name or unique identifier; and

    • (b) must advise the person to be searched of the authority and reason for the search, unless it is impracticable to do so in the circumstances; and

    • (c) may detain the person to enable the search to be carried out (whether at the place of initial detention or while the person is travelling to or is at any other place where the search is carried out), but only for as long as is necessary to achieve that purpose; and

    • (d) may use any force that is reasonable for the purposes of the search; and

    • (e) may, in conducting the search, use any equipment or aid to facilitate the search, if it is used in a way that—

      • (i) involves no or minimal contact; and

      • (ii) is reasonable in the circumstances; and

    • (f) may, if he or she considers that either or both of the following are in the interests of the person to be searched, request:

      • (i) the assistance of a medical practitioner or nurse:

      • (ii) the assistance of a parent, guardian, or other person for the time being responsible for the day-to-day care of the person to be searched; and

    • (g) if the search is to be a strip search, may request the assistance of another enforcement officer (whether or not employed or engaged in the same or a different law enforcement agency) who is—

      • (i) authorised under any other enactment to conduct strip searches; and

      • (ii) of the same sex as the person to be searched; and

    • (h) may search any item that—

      • (i) the person is wearing or carrying; or

      • (ii) is in the person's physical possession or immediate control.

    (1A) A person who carries out a strip search, rub-down search, or any other personal search must conduct the search with decency and sensitivity and in a manner that affords to the person being searched the degree of privacy and dignity that is consistent with achieving the purpose of the search.

    (2) If a person exercises a power to search a person, or searches a person with his or her consent, the person exercising the power must ensure that an inventory of any items seized as a result of the search is prepared promptly and that a copy is given to the person searched.

    (3) Subsection (2) does not apply in respect of a search conducted under section 20.

    (4) Nothing in subsection (1)(e) permits a person carrying out a rub-down search under sections 83 to 85 (rub-down search of arrested or detained person) to carry out a more intrusive search than is described in those sections.

121 Guidelines and rules about use of strip searching
  • (1) The chief executive of a law enforcement agency that employs persons who may exercise a power, under an enactment, to search the a person must issue guidelines to those employees concerning the circumstances (if any) under which a strip search may be conducted by any of those employees.

    (1A) The chief executive of a law enforcement agency who issues guidelines under subsection (1) must ensure that a copy of those guidelines is publicly available on the agency's Internet site.

    (2) A search of the person is not unlawful by reason only of failure by the person conducting the search to comply with a guideline issued under subsection (1).

    (3) A strip search may be carried out only by a person of the same sex as the person to be searched, and no strip search may be carried out in view of any person who is not of the same sex as the person to be searched.

Search warrants to enter and search vehicles

122 Search warrants to enter and search vehicles
  • If a search warrant is issued authorising the entry and search of a vehicle, the person executing the warrant may enter any place where the person has reasonable grounds to believe that the vehicle is, for the purpose of locating it and searching it.

Provision of particulars and other information

123 Power to require particulars
  • If a person exercises a power to stop or search a vehicle, the person exercising the power may require—

    • (a) any or all persons in the vehicle to supply their name, address, date of birth, and other contact details:

    • (b) the vehicle to remain stopped for as long as is reasonably necessary to undertake the search.

Duty to remain stopped

123 Duty to remain stopped
  • If an enforcement officer exercises a power to stop or search a vehicle, the enforcement officer may require the vehicle to remain stopped for as long as is reasonably necessary for the purposes of the stopping or to undertake the search.

Duty to provide information

124 Duty to provide information
  • If a person an enforcement officer exercises a power to stop a vehicle, that person he or she must, immediately after stopping the vehicle,—

    • (a) identify himself or herself to the driver of the vehicle, either by name or unique identifier; and

    • (b) inform the driver of the person's officer's authority to stop the vehicle; and

    • (c) if not in Police uniform, produce evidence of his or her identity, if the driver requests proof of identity.

Computer system searches

125 Duty of persons with knowledge of computer or computer network system or other data storage devices to assist access
  • (1) A person exercising a search power at any place or vehicle or in respect of any other thing may require a specified person to provide access information and other information or assistance that is reasonable and necessary to allow the person exercising the search power to access data held in, or accessible from,

    • (a) a computer system that is located (in whole or in part) at the place or in the vehicle or other thing being searched:

    • (b) any other data storage device that is located (in whole or in part) at the place or in the vehicle or other thing being searched.

    (2) In this section,—

    access information includes access codes, passwords, and encryption keys, and any related information that enables access to a computer or other data storage device

    specified person is a person who—

    • (a) is the owner or lessee of the computer or other data storage device, or is in possession or control of the computer or other data storage device, an employee of any of the above, or any service provider who provides service to the above and holds access information; and

    • (b) has relevant knowledge of—

      • (i) the computer or a computer network of which the computer or other data storage device forms a part; or

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

    (2) In this section, specified person is a person who—

    • (a) is the owner or lessee of the computer system or other data storage device, or is in possession or control of the computer system or data storage device, an employee of any of the above, or any service provider who provides service to the above and holds access information; and

    • (b) has relevant knowledge of—

      • (i) the computer system or other data storage device; or

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

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

    (4) Subsection (3) does not prevent a person exercising a search power from requiring a specified person to provide information that—

    • (a) is reasonable and necessary to allow the person exercising the search power to access data held in, or accessible from, a computer system or other data storage device that—

      • (i) is at the premises or in the place, vehicle, or other thing to be searched; and

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

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

    (5) Subsection (3) does not prevent a person exercising a search power from requiring a specified person to provide assistance that is reasonable and necessary to allow the person exercising the search power to access data held in, or accessible from, a computer system or other data storage device that—

    • (a) is at the premises or in the place, vehicle, or other thing concerned; and

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

    (6) Subsections (1), (4), and (5) are subject to subpart 4 of Part 4 of this Part (which relates to privilege and confidentiality).

Identification and notice

126 Identification and notice requirements for person exercising search power (other than remote access search)
  • (1) A person exercising a search power (other than a remote access search) must,—

    • (a) before initial entry into or onto the place or vehicle or other thing to be searched,—

      • (i) announce his or her intention to enter and search the place, vehicle, or other thing under a statutory power; and

      • (ii) identify himself or herself; and

    • (b) before or on initial entry into or onto the place or vehicle, or other thing to be searched,—

      • (i) give the occupier of the place or the person in charge of the vehicle or other thing a copy of the search warrant or advice about the enactment (the authority) that authorises him or her to conduct the entry and search; and

      • (ii) produce to the occupier of the place or any person in charge of the vehicle or other thing evidence of his or her identity (which may include details of a unique identifier instead of a name).

    (2) The person exercising the search power is not required to comply with subsection (1) if he or she has reasonable grounds to believe that—

    • (a) no person is lawfully present in or on the place, vehicle, or other thing to be searched; or

    • (b) compliance with subsection (1)(a) would—

      • (i) endanger the safety of any person; or

      • (ii) prejudice the successful exercise of the entry and search power; or

      • (iii) prejudice ongoing investigations.

    (3) The person exercising the search power may use reasonable force in order to effect entry into or onto the place, vehicle, or other thing if—

    • (a) subsection (2) applies; or

    • (b) following a request, the person present refuses entry or does not allow entry within a reasonable time.

    (4) If the occupier of a place is not present at any time during the search, or no person is in charge of the vehicle or other thing during the search, the person carrying out the search must,—

    • (a) on completion of the search, leave a copy of the authority referred to in subsection (1)(b)(i) and the notice referred to in subsection (5) in a prominent position at the place, or in or on the vehicle, or other thing; or

    • (b) if this is not reasonably practicable, provide the copy of the authority referred to in subsection (1)(b)(i) and the notice referred to in subsection (5) to the occupier of the place or the owner of the vehicle or other thing no later than 7 days after the exercise of the power.

    (5) The notice required by subsection (4) is a written notice containing the following particulars:

    • (a) the date and time of the commencement and completion of the search:

    • (b) the name or unique identifier of the person who had overall responsibility for that search:

    • (c) the address of the office to which inquiries should be made:

    • (d) if nothing is seized, the fact that nothing was seized:

    • (e) if anything was seized, the fact that seizure occurred and (if an inventory is not provided at the same time under sections 127 to 129) that an inventory of the things seized will be provided to the occupier of the place or person in charge of the vehicle or other thing no later than 7 days after the seizure.

    (6) For the purposes of this section and sections 127 to 129,—

    • (a) the following persons may not be treated as the occupier of the place or the person in charge of a vehicle or other thing:

      • (i) any person who is under 14 years of age (unless section 92(2) applies to that person):

      • (ii) any person who the person executing the warrant has reasonable grounds to believe is not the occupier of the place or person in charge of the vehicle or other thing:

    • (b) every reference to a copy of the authority referred to in subsection (1)(b)(i) means, in a case where a search is undertaken without a search warrant, written advice about the enactment that authorises the search.

    (7) Subsections (4) and (5) are subject to sections 128 and 129.

    (8) This section does not apply to a remote access search.

126A Identifications and notice requirements for remote access search
  • (1) A person who conducts a remote access search must, on completion of the search, send an electronic message to the email address of the thing searched—

    • (a) attaching a copy of the search warrant; and

    • (b) setting out the following particulars:

      • (i) the date and time of the commencement and completion of the search:

      • (ii) the name and unique identifier of the person who had overall responsibility for that search:

      • (iii) the address of the office to which inquiries should be made.

    (2) If the person conducting the search is unable to deliver the electronic message required by subsection (1) (or it is returned undelivered), the person must take all reasonable steps to identify the user of the thing searched and to send the information referred to in subsection (1)(a) and (b) to that person.

127 Inventory of items seized
  • (1) The person who carries out a search must, at the time he or she seizes any thing, or as soon as practicable after the seizure of any thing, and in any case not later than 7 days after that seizure, provide to the occupier of the place, or the person in charge of the vehicle or other thing, from where the seizure took place, and to every other person who the person who carried out the search has reason to believe is the owner of the thing that was seized,—

    • (a) written notice specifying what was seized; and

    • (b) a copy of the authority referred to in section 126(1)(b)(i).

    (2) A written notice referred to in subsection (1)(a)

    • (a) must contain information about the extent to which a person from whom a thing was seized or the owner of the thing has a right to apply—

      • (i) to have access to the thing; or

      • (ii) to have access to any document relating to the application for a search warrant or the exercise of any other search power that led to the seizure; and

    • (b) must contain information about the right to bring a claim that any privileged or confidential information has been seized; but

    • (c) need not be provided to the occupier of the place or person in charge of the vehicle or other thing from which the seizure took place, if the person who carries out the search is satisfied that none of the items seized are owned by that person.

    (3) If the occupier of the place or person in charge of the vehicle or other thing is not present at the time of seizure, a written notice referred to in subsection (1)(a) and a copy of the authority referred to in section 126(1)(b)(i) may be provided to that person by leaving the notice in a prominent position at the place, or in or on the vehicle, or other thing.

    (4) Subsection (1) is subject to subsections (2) and (3).

    (5) This section is subject to sections 128 and 129.

128 Compliance with certain provisions may be deferred in certain circumstances
  • (1) A person exercising a search power may apply to a District Court Judge for a postponement of the obligation to comply with section 126(4) or (5) or 127 on the grounds that compliance would—

    • (a) endanger the safety of any person; or

    • (b) prejudice ongoing investigations.

    (2) An application may be made under subsection (1),—

    • (a) in the case of an entry and search power that is a search warrant, at the time of the initial application or until the expiry of 7 days after the warrant is finally executed; or

    • (b) in the case of any other entry and search power, until the expiry of 7 days after the search power is exercised.

    (3) On an application under subsection (1), the District Court Judge may postpone for a specified period not exceeding 12 months the obligation to comply with section 126(4) or (5) or 127, if the Judge is satisfied that there are reasonable grounds for believing that compliance would—

    • (a) endanger the safety of any person; or

    • (b) prejudice ongoing investigations.

129 Further postponement of, or dispensation from, obligation to comply with certain provisions
  • (1) A person who has obtained an order under section 128(3) may, before the expiry of that order, apply to a District Court Judge for a further postponement of, or dispensation from, the obligation to comply with section 126(4) or (5) or 127 on the grounds that compliance would—

    • (a) endanger the safety of any person; or

    • (b) prejudice ongoing investigations.

    (2) An application for a further postponement may only be made on 1 occasion.

    (3) On an application under subsection (1), the District Court Judge may postpone for a further specified period not exceeding 12 months, or order a permanent dispensation from, the obligation to comply with section 126(4) or (5) or 127 if the Judge is satisfied that compliance would—

    • (a) endanger the safety of any person; or

    • (b) prejudice ongoing investigations.

    (4) A District Court Judge may not grant, under subsection (3), any postponement of, or dispensation from, an obligation in respect of any thing that has been seized, unless the thing seized is—

    • (a) a copy or clone of any information taken or made; or

    • (b) a thing the possession of which by the person from whom it was seized is unlawful under New Zealand law (for example, a controlled drug that is found in the possession of a member of the public in circumstances in which possession by the person of the controlled drug is an offence against the Misuse of Drugs Act 1975).

Subpart 4Privilege and confidentiality

General

130 Recognition of privilege
  • (1) The following privileges are recognised for the purposes of this subpart:

    • (a) legal professional privilege, to the extent that (under section 53(5) of the Evidence Act 2006) it forms part of the general law:

    • (b) privilege for communications with legal advisers (as described in section 54 of the Evidence Act 2006):

    • (c) privilege for preparatory material to materials for proceedings (as described in section 56 of the Evidence Act 2006):

    • (d) privilege for settlement negotiations or mediation (as described in section 57 of the Evidence Act 2006):

    • (e) privilege for communications with ministers of religion (as described in section 58 of the Evidence Act 2006):

    • (f) privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists (as described in section 59 of the Evidence Act 2006):

    • (g) to the extent provided in section 132, and only to that extent, any privilege against self-incrimination (as described in section 60 of the Evidence Act 2006):

    • (h) privilege for informers (as described in section 64 of the Evidence Act 2006):

    • (i) the rights conferred on a journalist under section 68 of the Evidence Act 2006 to protect certain sources.

    (2) For the purposes of this subpart, no privilege applies in respect of any communication or information if there is a prima facie case that the communication or information is made or received, or compiled or prepared,—

    • (a) for a dishonest purpose; or

    • (b) to enable or aid any person to commit or plan to commit what the person claiming the privilege knew, or ought reasonably to have known, to be an offence.

131 Lawyers' trust accounts
  • (1) Subsection (2) applies to documents that are books of account or accounting records kept—

    • (a) by a solicitor in relation to any trust account money that is subject to section 112 of the Lawyers and Conveyancers Act 2006; or

    • (b) by a nominee company that—

      • (i) is subject to practice rules made by the Council of the New Zealand Law Society under section 96 of the Lawyers and Conveyancers Act 2006; and

      • (ii) is operated by a barrister and solicitor or an incorporated law firm as a nominee in respect of securities and documents of title held for clients.

    (2) The application by section 130 of this Act of section 54 of the Evidence Act 2006 (which relates to the privilege for communications with legal advisers) does not prevent, limit, or affect—

    • (a) the making of a production order, issuing of a search warrant, or exercise of any other search power in respect of a document to which this subsection applies; or

    • (b) the obligation to comply with that production order, search warrant, or other search power in respect of a document to which this subsection applies; or

    • (c) the admissibility, in a criminal proceeding for an offence described in the production order or search warrant or for an offence in respect of which any other search power was exercised, of any evidence that relates to the contents of a document obtained under the production order or search warrant, or as the result of the exercise of any other search power.

Examination orders and production orders

132 Privilege against self-incrimination
  • (1) An examination order or a production order does not affect the privilege against self-incrimination that an individual may have under section 60 of the Evidence Act 2006.

    (2) Any assertion of a privilege against self-incrimination must be based on section 60 of the Evidence Act 2006.

    (3) If any individual refuses to produce any information or document or to answer any question on the ground that it is a privileged communication under section 60 of the Evidence Act 2006, the Commissioner or other enforcement officer concerned may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid.

    (4) For the purposes of determining any application referred to in subsection (3), the individual must offer sufficient evidence to enable the District Court Judge to assess whether self-incrimination is reasonably likely if the individual produced the information or the document or answered the question.

    (5) Section 63 of the Evidence Act 2006 does not apply to an examination order or to a production order.

133 Other privileges
  • (1) If a person against whom an examination order or a production order is made could, in a criminal proceeding, assert a privilege recognised for the purposes of this subpart, the person is taken to have the same privilege in respect of either order.

    (2) If any person refuses to disclose any information on the ground that it is privileged under this section, the Commissioner or other enforcement officer concerned may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid.

    (3) For the purpose of determining any application, the District Court Judge may require the information or document to be produced to him or her.

    (4) A District Court Judge may must, on the application of the Commissioner or other enforcement officer, disallow a privilege claim under this section if the Judge is satisfied that the claim to privilege would, under section 67(1) of the Evidence Act 2006, be disallowed in a proceeding.

Surveillance

134 Effect of privilege on surveillance conducted under this Act
  • (1) A person who has a privilege recognised by this subpart has the right—

    • (a) to prevent, to the extent that it is reasonably practicable to do so, the surveillance under this Act of any communication or information to which the privilege would apply if it were sought to be disclosed in a proceeding:

    • (b) to require the destruction of any record of any such communication or information, to the extent that this can be achieved without destruction of any record of any other communication or information.

    (2) A person who is undertaking surveillance authorised by this Act (whether under a surveillance device warrant or otherwise) must—

    • (a) take all reasonable steps to prevent the interception of any communication or information to which a privilege recognised by this subpart would apply if the communication or information were sought to be disclosed in a proceeding:

    • (b) destroy any record of a communication or information made as a consequence of the surveillance to which a privilege recognised by this subpart would apply if the communication or information were sought to be disclosed in a proceeding, unless that is impossible or impracticable without destroying a record of information to which such a privilege does not apply.

    (3) A person undertaking surveillance under this Act who is uncertain about whether this section applies to any information or communication or record of a communication or information may apply to a District Court Judge for an order determining whether—

    • (a) the communication or information can be the subject of surveillance; and

    • (b) any record of such communication or information is required to be destroyed under this section.

    (4) For the purposes of determining any application, the District Court Judge may require the record of the information or communication to be produced to him or her.

    (5) If evidence of any communication or information recorded as a consequence of surveillance under this Act is evidence to which a privilege recognised under this subpart applies, that evidence is not admissible in any proceedings except—

    • (a) with the consent of the person entitled to waive that privilege; and

    • (b) if the court agrees to admit it.

Search warrants and other search powers

135 Effect of privilege on search warrants and search powers
  • A person who has a privilege recognised by this subpart makes a claim of privilege (being a privilege recognised by this subpart) in respect of any thing that is seized or sought to be seized has the right, in accordance with sections 136 to 141,—

    • (a) to prevent the search under this Act of any communication or information to which the privilege would apply if it were sought to be disclosed in a proceeding, pending determination of the claim to privilege, and subsequently if the claim to privilege is upheld:

    • (b) to require the return of a copy of, or access to, any such communication or information to the person if it is seized or secured by a person exercising a search power, pending determination of the claim to privilege.

136 Search warrants that extend to lawyers' premises or material held by lawyers
  • (1) This section applies to the execution of a search warrant that authorises the search of materials held by a lawyer relating to a client.

    (2) If this section applies, the search warrant may not be executed unless—

    • (a) the lawyer is present; or

    • (b) a representative of the lawyer is present.

    (3) If the person who is to execute the search warrant is unable to contact the lawyer or his or her representative, that person must instead contact the New Zealand Law Society and request that a person be appointed by the Society to represent the interests of the clients of the lawyer in relation to the search.

    (4) Before executing the search warrant, the person who is to execute it must give the lawyer or his or her representative, or any person appointed by the New Zealand Law Society under subsection (3),—

    • (a) the opportunity to claim privilege on behalf of the lawyer's client; or

    • (b) the opportunity to make an interim claim of privilege if instructions have not been obtained from the client.

137 Search warrant extending to certain other privileged materials
  • (1) This section applies to the execution of a search warrant that authorises the search of professional material held by a minister of religion, medical practitioner, or clinical psychologist.

    (2) If this section applies, the search warrant may not be executed unless—

    • (a) the minister of religion, medical practitioner, or clinical psychologist is present; or

    • (b) a representative of that person is present.

    (3) If the person who is to execute the search warrant is unable to contact the minister of religion, medical practitioner, or clinical psychologist, or his or her representative, that person must instead contact the church or professional body to whom the minister, medical practitioner, or clinical psychologist belongs and request the church or body to appoint a person to represent the interests of the parishioners, patients, or clients of the minister, medical practitioner or clinical psychologist, in relation to the search.

    (4) Before executing the search warrant, the person executing it must give the minister of religion, medical practitioner, or clinical psychologist, or his or her personal representative, or the person appointed by the church or professional body under subsection (3),—

    • (a) the opportunity to claim privilege on behalf of parishioners, patients, or clients of the minister of religion, medical practitioner, or clinical psychologist; or

    • (b) the opportunity to make an interim claim of privilege if the minister, medical practitioner, or clinical psychologist, or his or her representative or person appointed under subsection (3) is unable to immediately contact the parishioners, patients, or clients.

138 Searches otherwise affecting privileged materials
  • (1) This section applies if—

    • (a) a person executes a search warrant; or or exercises another search power; and

    • (b) a person exercising a search power he or she has reasonable grounds to believe that any thing discovered in the search may be the subject of a privilege recognised by this subpart.

    (2) If this section applies, the person responsible for executing the search warrant or other person exercising the search power—

    • (a) must provide any person who he or she believes may be able to claim a privilege recognised by this subpart a reasonable opportunity to claim it; and

    • (b) may, if the person executing the search warrant or exercising the other search power is unable to identify or contact a person who may be able to claim a privilege, or that person's lawyer, within a reasonable period,—

      • (i) apply to the District Court for a determination as to the status of the thing; and

      • (ii) do any thing necessary to enable that court to make that determination.

139 Interim steps pending resolution of privilege claim
  • If a person executing a search warrant or exercising a another search power is prohibited under section 135, 136, 137, or 138 from searching any thing unable, under section 135, 136, 137, or 138 to search a thing (whether as a result of the requirements of any of those provisions, or because of a claim of privilege made in respect of the thing, or for any other reason), the person—

    • (a) may—

      • (i) secure the thing; and

      • (ii) if the thing is intangible (for example, computer data), secure the thing by making a forensic copy; and

      • (iii) deliver the thing, or a copy of it, to the District Court, to enable the determination of a claim to privilege; and

    • (b) must supply the lawyer or other person who may or does claim privilege with a copy of, or access to, the secured thing; and

    • (c) must not search the thing secured, unless no claim of privilege is made, or a claim of privilege is withdrawn, or the search is in accordance with the directions of the court determining the claim of privilege.

140 Claims for privilege for things seized or sought to be seized
  • Any person who wishes to claim privilege in respect of any thing seized or sought to be seized by a person executing a search warrant or exercising a another search power—

    • (a) must provide the person responsible for executing the search warrant or exercising the other search power with a particularised list of the things in respect of which the privilege is claimed, as soon as practicable after being provided with the opportunity to claim privilege or being advised that a search is to be, or is being, or has been conducted, as the case requires; and

    • (b) if the thing or things in respect of which the privilege is claimed cannot be adequately particularised in accordance with paragraph (a), may apply to a District Court for directions or relief (with a copy of the thing provided under section 139(b)).

Admission of evidence generally

141 Admission of evidence
  • (1) If a District Court upholds a claim to privilege under section 132, 133, 134, 138, 139, or 140 in respect of any communication or information, the communication or information to which the privilege applies is not admissible in any proceedings arising from, or related to, the execution of the search warrant or exercise of the other search power or surveillance power or the carrying out of the examination order or production order, as the case requires.

    (2) Subject to subsection (1), this subpart does not limit or affect the admissibility of any evidence, or the discretion of any court to admit or refuse to admit any evidence, in any proceedings.

Subpart 5Procedures applying to seized or produced materials

142 Disposal of things seized or produced
  • (1) If any thing is produced under a production order or is seized under a search warrant or under a search power conferred by this Act or a relevant enactment an enactment specified in column 2 of the Schedule to which this section applies, it must be dealt with in accordance with this subpart.

    (2) However, this subpart is subject to—

    • (a) section 13 (which deals with property taken from people locked up in Police custody); and

    • (b) subpart 4 of Part 4 of this Part (which relates to privilege and confidentiality); and

    • (c) any other enactment.

143 Certain things must be returned
  • (1) A thing seized or produced must, if it is not required for investigative or evidential purposes, or unless it is liable to forfeiture to the Crown or any other person (whether by operation of law or by order of a court or otherwise), be—

    • (a) returned to its owner or to the person entitled to possession; or

    • (b) made the subject of an application under section 147; or

    • (c) disposed of under section 153 or 154(1); or

    • (d) destroyed if—

      • (i) it is perishable and has become rotten or has otherwise deteriorated; or

      • (ii) it is perishable and is likely to become rotten or perish before it can be dealt with under any of paragraphs (a) to (c) or section 156; or

      • (iii) it is likely to pose a risk to public health.

    (2) Subsection (1)

    • (a) does not affect the rights of retention conferred by section 154(2) or 155(1); and

    • (b) is subject to section 156.

144 Custody of things seized or produced
  • (1) The A seized or produced thing may, if it is required for investigative or evidential purposes, or it is liable to forfeiture to the Crown or any other person (whether by operation of law or by order of a court or otherwise), be held in the custody of the person who exercised the search power or that person's employer or another person acting on behalf of that person or any other person to whom the thing is transferred in accordance with section 87(2) (except while it is being used in evidence or is in the custody of any court) until the first of the following occurs:

    • (a) a decision is made not to bring proceedings for an offence in respect of which the thing was seized or produced:

    • (b) the thing is forfeited to the Crown or any other person under any enactment (whether by operation of law or by order of a court or otherwise):

    • (c) the thing is released under section 151 or 152:

    • (d) if proceedings for an offence have not been commenced before the date that is 6 months after the thing was seized or produced and a request has been made for the return of the thing, that date or the expiration of a later time ordered by a court under section 146:

    • (e) in any case where proceedings are brought,—

      • (i) the withdrawal or dismissal of the proceedings; or

      • (ii) subject to sections 149 and 152, the completion of the proceedings:

    • (f) the seized or produced thing is disposed of under section 153.

    (2) Once the relevant event stated in subsection (1)(a) to (e) occurs, the person in whose custody the property is must immediately release the thing in his or her custody,—

    • (a) in the case of a subsection (1)(a), (d), or (e) event, to the owner or to a person entitled to possession; or

    • (b) in the case of any other event, in the manner required by this Act.

    (3) However, if the thing is seized or produced in relation to more than 1 alleged offence, the person in whose custody the property is need not release the property until the first of the events described in subsection (1) has occurred in relation to each and every alleged offence.

    (4) This section is subject to sections 146 and 156.

145 Copies of things seized or produced
  • If a photograph or a copy of a seized or produced thing will be adequate for investigative or evidential purposes, the person who exercised the search power, or that person's employer or another person acting on behalf of that person, may, at his or her discretion, return the thing to the owner or to a person entitled to possession.

146 Extension of time for holding thing seized or produced
  • (1) If any person who seizes any thing, or to whom any thing is produced, or any other enforcement officer to whom the thing is transferred, wishes to hold it for a period exceeding 6 months in circumstances where no proceedings for an offence in respect of which the thing is relevant have yet been brought and a request has been made for the return of the thing, the person may apply to the District Court for an extension of the time during which the thing may be held.

    (2) On an application under subsection (1), the District Court may—

    • (a) order an extension of time be granted to a specified date, to enable a determination to be made whether proceedings should be brought; or

    • (b) decline to order an extension of time.

147 Disputed ownership of thing seized or produced
  • (1) If a thing seized or produced is not to be produced in evidence but there is a dispute about its ownership, or it is perishable, or for any reason the person in whose custody it is, is uncertain as to to whom the thing should be returned (for example, because it is unclaimed), the person in whose custody the thing is may apply to the District Court for directions as to the ownership or holding of the property.

    (2) On an application under subsection (1), the District Court may—

    • (a) order that the thing be destroyed or, if any other enactment so authorises, forfeited to the Crown:

    • (b) order that the thing be delivered to the person appearing to the court to be its owner entitled to possession of it:

    • (c) if the owner or person entitled to possession cannot be found, make any order with respect to its possession or sale the court thinks fit.

    (3) If, after the making of an order under subsection (2) in relation to any property, an action is commenced against a Police employee or other another enforcement officer or the Crown or any law enforcement agency for the recovery of the thing or its value, the order and the delivery of the thing in accordance with the order may be given and must be received in evidence in bar of the action.

    (4) However, no such order or delivery affects the right of any persons entitled by law to possession of the thing to recover the thing from any person or body (other than a person or body referred to in subsection (3)).

148 Seized or produced property forfeit to the Crown if ownership not established
  • (1) A thing that is seized or produced is forfeited to the Crown if—

    • (a) the owner or person entitled to possession of the thing is not established within 60 days after the date on which the thing was seized or produced; and

    • (b) the thing—

      • (i) is not, at the expiry of that period, still required for investigative or evidential purposes; and

      • (ii) has not been disposed of or sold by order of the court within that period.

    (2) For the purpose of trying to establish ownership of any thing to which this section applies, the person who has custody of the thing must (unless it is impossible or impracticable to make contact) advise the following people of the effect of this section:

    • (a) any person who produced the thing or from whom the thing was seized:

    • (b) the occupier or owner of the place or vehicle where the thing was before it was produced or seized:

    • (c) any other person who, in the opinion of the person in whose custody the thing is, may be affected by the forfeiture of the thing.

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

149 Application for release of or access to things seized or produced
  • (1) The persons described in subsection (2) may apply, by written notice, to the person in whose custody the a seized or produced thing is for the release of or access to it at any time before proceedings are brought for an alleged offence in respect of which the thing was seized or produced.

    (2) The persons are as follows:

    • (a) the person who produced the thing or from whom the thing was seized:

    • (b) the owner or person entitled to possession of the seized or produced thing:

    • (c) any person with a legal or equitable interest in the seized or produced thing.

    (3) The person in whose custody the seized or produced thing is may release the thing to the applicant or provide reasonable access to it.

    (4) A person who receives an application for release of a thing, or access to it, may refuse that application on the ground that release of the thing or, as the case requires, access to it, is likely to prejudice the maintenance of the law.

    (5) A release or provision of access to a thing may be—

    • (a) unconditional; or

    • (b) under bond for a sum (with or without sureties), and on conditions, acceptable to the person in whose custody the thing was is.

    (6) If any person refuses an application under subsection (1), he or she must inform the applicant of the decision in writing.

150 Failure to comply with bond or conditions
  • (1) If a person to whom a seized or produced thing is released or who is given access to it under section 149 fails to comply with any bond, surety, or condition imposed under subsection (5)(b) of that section,—

    • (a) the thing may be seized again, or required to be produced, or the ability to access the thing ended at the direction of the person who released it or provided access to it; and

    • (b) the person who released it or provided access to it may apply to the District Court for an order for estreat of the bond.

    (2) If any person applies for an order for estreat of the bond, the Registrar of the District Court must—

    • (a) fix a time and place for the hearing of the application; and

    • (b) not less than 7 days before the time fixed, cause to be served on every person bound by the bond a notice of the time and place for the hearing.

    (3) If the District Court is satisfied that a condition of the bond has not been complied with, the court may make an order to estreat the bond—

    • (a) in the amount that it thinks fit; and

    • (b) to any person bound by the bond on whom notice is proved to have been served under subsection (2).

    (4) An amount payable under subsection (3) is recoverable as if it were a fine.

151 Application to District Court for access to thing seized or produced
  • (1) A person described in section 149(2) may apply to the District Court for access to any thing seized by a person exercising a search power or produced to any person under a production order if the person has made an application under section 149 and it—

    • (a) has been refused; or

    • (b) has been granted, but subject to conditions that the applicant does not accept.

    (2) The District Court may either—

    • (a) grant the application; or

    • (b) refuse it on the ground that allowing the person to have access to the thing or varying or cancelling the conditions concerned is likely to prejudice the maintenance of the law.

    (3) The District Court may require sureties and impose conditions if it grants an application under subsection (2), and sections 149 and 150 apply with any necessary modifications.

152 Application to District Court for release of thing seized or produced
  • (1) A person described in section 149(2) may apply to the District Court for the release of any thing seized by a person exercising a search power or produced to a person under a production order.

    (2) The court may release the thing to the applicant if it is satisfied that it would be contrary to the interests of justice for the item to be retained in custody, having regard to—

    • (a) the gravity of the alleged offence:

    • (b) any loss or damage to the applicant that is caused or likely to be caused by not returning the thing:

    • (c) the likely evidential value of the thing, having regard to any other evidence held by the law enforcement agency that employed or engaged the person who seized the thing or to whom the thing was produced:

    • (d) whether the evidential value of the thing can be adequately preserved by means other than by keeping it.

    (3) A court may require sureties and impose conditions on a release under subsection (2), and sections 149 and 150 apply with any necessary modifications.

    (4) This section is subject to any enactment that requires an amount of any kind to be paid before any seized thing may be returned.

153 Disposal of unlawful items
  • (1) Subsection (2) applies if a thing is seized or produced, the possession of which by the person from whom it was seized or who was required to produce it is unlawful under New Zealand law (for example, a controlled drug that is found in the possession of a member of the public in circumstances in which possession by the person of the controlled drug is an offence against the Misuse of Drugs Act 1975), and—

    • (a) there is no mechanism provided for disposing of the thing or it has not been disposed of under any other enactment; and

    • (b) no order has been made by a court as to its disposal.

    (2) If this subsection applies, the person who seized the thing or to whom the thing was produced may destroy it if—

    • (a) notice is given to the person from whom the thing was seized or who was required to produce the thing, and that person either—

      • (i) consents to its destruction; or

      • (ii) does not within 30 working days object to its destruction; or

    • (b) the person to whom notice would otherwise be given under paragraph (a) cannot be located after reasonable inquiries have been made; or

    • (c) in a case where a person objects to the destruction of the thing within 30 working days of receiving a notice under paragraph (a) and any person applies to a court to determine the status of the thing, the court is satisfied that the possession of the thing by the person from whom it was seized or who was required to produce it is unlawful under New Zealand law.

154 Disposal of forensic copies
  • (1) A person who makes a forensic copy of any data held in a computer system or other data storage device must, if he or she determines that the data does not contain any evidential material, ensure that the forensic copy and any copies made from that copy are deleted, erased, or otherwise destroyed in a way that prevents retrieval of the copy or copies by any method.

    (2) However, if an examination of the data shows that it contains a mixture of data that is evidential material and data that is not evidential material,—

    • (a) the forensic copy of the data and any copies made of that copy may be retained in their entirety; and

    • (b) that forensic copy and any copies made of that copy may continue to be searched, if such a search was authorised by the search power under which the data was seized and copied.

155 Other copies and generated material may be retained
  • (1) Any thing made or generated by a person exercising a search or surveillance power (for example, photographs or audio or video recordings or copies of things) may be retained as part of the permanent records of the employer of the person who exercises the search or surveillance power.

    (2) Subsection (1) is subject to sections 56A and 130, and any other enactment or rule of law.

156 Application to District Court to dispose of seized property
  • (1) Any person who seizes any thing, or to whom any thing is produced, or any other enforcement officer to whom the thing is transferred, may apply to a District Court for an order that the thing be disposed of (by sale or otherwise) in the manner, and at a time, that the court may direct if,—

    • (a) in the applicant's opinion,—

      • (i) the thing concerned is perishable or likely to deteriorate; or

      • (ii) the cost of holding the thing is unreasonable having regard to its market value; and

    • (b) he or she the applicant has made reasonable efforts to advise the people described in section 149(2) of the intended application.

    (2) The court may grant the order if it is satisfied that—

    • (a) the thing is perishable or likely to deteriorate; or

    • (b) the cost to the applicant or his or her employer, or to any other person to whom the thing might be transferred, of holding it is unreasonable having regard to its market value.

    (3) The applicant or his or her employer must hold in custody any proceeds received from carrying out the order (less any deductions permitted under subsection (4)) as if the proceeds were the seized property, and section 144(1) applies accordingly, with any necessary modifications.

    (4) The deductions referred to in subsection (3) are, in a case in which the court orders that the thing be disposed of by sale, the costs of sale and any sums required to be paid to a security holder or other person as a condition of the order for sale.

    (5) If the court refuses the order, the applicant or his or her employer or another person to whom the thing is transferred must continue to hold the thing until it is released in accordance with section 144(2).

Subpart 6Immunities

157 Immunities of issuing officer
  • An issuing officer who is not a Judge has the same immunities as a District Court Judge.

158 Immunities in relation to the obtaining or execution of orders and warrants
  • Every person is immune from civil or criminal liability—

    • (a) for any act done in good faith in order to obtain an examination order, a production order, a search warrant, a surveillance device warrant, a residual warrant declaratory order, or other order referred to in this Act:

    • (ab) for any act done in good faith that is covered by a declaratory order:

    • (b) for any act done in good faith in relation to the execution of an examination order, a production order, a search warrant, a surveillance device warrant, a residual warrant, or other order referred to in this Act, if the execution is carried out in a reasonable manner.

159 Other immunities in relation to exercise of entry, search, or surveillance powers
  • (1) Every person is immune from civil and criminal liability for any act done in good faith in order to exercise an entry power, a search power, or a surveillance power if—

    • (a) the power is exercised by that person in a reasonable manner; and

    • (b) the person believes on reasonable grounds that the preconditions for the exercise of that power have been satisfied.

    (2) Every person is immune from civil and criminal liability for any act done in good faith and in a reasonable manner in order to assist a person to exercise an entry power, a search power, or a surveillance power, or in order to examine or analyse any thing that is seized.

    (3) In any civil proceeding in which a person asserts that he or she has an immunity under this section, the onus is on that person to prove those facts necessary to establish the basis of the claim.

160 Immunity of the Crown
  • If any person is immune from civil liability under any of sections 157 to 159 in respect of anything done or omitted to be done, the Crown is also immune from civil liability in tort in respect of that person's conduct.

161 Relationship between sections 157 to 160 and other enactments
  • If there is any inconsistency between any of sections 157 to 160 and the provisions of any other enactment conferring, regulating, or limiting a privilege or immunity, sections 157 to 160 prevail.

Subpart 7Reporting

162 Reporting of exercise of powers within law enforcement agency
  • (1AA) Any constable who exercises a warrantless entry power, search power, or surveillance power conferred by Part 2 or 3 of this Act must provide a written report on the exercise of that power to the Commissioner or a Police employee designated to receive reports of that kind by the Commissioner as soon as practicable after the exercise of the power.

    (1) Any person (other than a constable) who exercises a warrantless entry power, search power, or surveillance power conferred by this Act or by a relevant enactment an enactment specified in column 2 of the Schedule must provide a written report on the exercise of that power to an employee designated to receive reports of that kind by the chief executive of the law enforcement agency concerned as soon as is practicable after the exercise of the power.

    (2) A report referred to in subsection (1AA) or (1) must—

    • (a) contain a short summary of the circumstances surrounding the exercise of the power, and the reason or reasons why the power needed to be exercised:

    • (b) state whether any evidential material was seized or obtained as a result of the exercise of the power:

    • (c) state whether any criminal proceedings have been brought or are being considered as a consequence of the seizure of that evidential material.

    (3) This section does not require the provision of any report in respect of—

    • (a) a rub-down search of a person that is undertaken in conjunction with their that person's arrest or detention under any enactment:

    • (b) any search of a person in lawful custody carried out under section 11 or under the Corrections Act 2004:

    • (c) the exercise of any power of entry that does not also confer a power of search:

    • (d) a search undertaken by consent.

162A Annual reporting of search and surveillance powers by Commissioner
  • (1) The Commissioner must include in every annual report prepared by him or her for the purposes of section 39 of the Public Finance Act 1989—

    • (a) the number of occasions on which entry or search powers under Part 2 or 3 of this Act were exercised without a warrant in the period covered by the report:

    • (b) the number of occasions on which warrantless surveillance powers under Part 3 of this Act were exercised in the period covered by the report that involved the use of a surveillance device:

    • (c) the number of applications for an examination order that were granted or refused in the period covered by the report:

    • (d) in respect of each kind of surveillance device used without a warrant under Part 3 of this Act in the period covered by the report, the numbers of that kind of device used—

      • (i) for a period of no more than 24 hours:

      • (ii) for a period of more than 24 hours but no more than 48 hours:

    • (e) the number of persons charged in criminal proceedings where the collection of evidential material relevant to those proceedings was significantly assisted by the exercise of a warrantless search or surveillance power, or by an examination conducted under an examination order, in the period covered by the report:

    • (f) the matters set out in section 164 in relation to surveillance device warrants and declaratory orders.

    (2) This section does not require the Commissioner to include in any annual report information about—

    • (a) a rub-down search of a person that is undertaken in conjunction with that person's arrest or detention under any enactment:

    • (b) any search of a person in lawful custody undertaken under section 11 or under the Corrections Act 2004:

    • (c) the exercise of any power of entry that does not also confer a power of search:

    • (d) a search undertaken by consent:

    • (e) any prescribed search or surveillance, or search or surveillance of a prescribed kind, in any prescribed area or an area of a prescribed kind.

    (3) In this section, and sections 163 and 164, kind of surveillance device means—

    • (a) an interception device:

    • (b) a visual surveillance device:

    • (c) a tracking device.

163 Annual reporting of search and surveillance powers by agencies other than Police
  • (1) The chief executive of a law enforcement agency (other than the Police) that employs or engages persons who may exercise an entry power, a search power, or a surveillance power conferred by this Act or by a relevant enactment an enactment specified in column 2 of the Schedule must include in every annual report prepared by the chief executive for the purposes of section 39 of the Public Finance Act 1989, or any other applicable enactment requiring an annual report to Parliament,

    • (a) the number of occasions on which entry or search powers were exercised without a warrant in the period covered by the report:

    • (b) the number of occasions on which warrantless surveillance powers were exercised in the period covered by the report that involved the use of a surveillance device:

    • (c) in respect of each kind of surveillance device used without a warrant in the period covered by the report, the numbers of that kind of device used—

      • (i) for a period of 6 hours or less:

      • (i) for a period of no more than 24 hours:

      • (ii) for a period of more than 6 24 hours but no more than 12 48 hours:

      • (iii) for a period of more than 12 hours but no more than 24 hours:

      • (iv) for a period of more than 24 hours but no more than 48 hours:

      • (v) for a period of more than 48 hours but no more that 72 hours:

      • (vi) for a period of more than 72 hours:

    • (d) the number of criminal proceedings commenced in respect of which evidential material relevant to those proceedings was obtained directly or indirectly from the exercise of a warrantless search or surveillance power in the period covered by the report, and the number of such proceedings resulting in a conviction:

    • (d) the number of persons charged in criminal proceedings where the collection of evidential material relevant to those proceedings was significantly assisted by the exercise of a warrantless search or surveillance power in the period covered by the report:

    • (e) the number of occasions on which warrantless search or surveillance powers were exercised in the period covered by the report that did not lead to the bringing of criminal proceedings within 90 days of the exercise of the power:

    • (f) the matters set out in section 164 in relation to surveillance device warrants and residual warrants declaratory orders.

    (2) This section does not require a chief executive to include in any annual report information about—

    • (a) a rub-down search of a person that is undertaken in conjunction with their that person's arrest or detention under any enactment:

    • (b) any search of a person in lawful custody undertaken under section 11 or under the Corrections Act 2004:

    • (c) the exercise of any power of entry that does not also confer a power of search:

    • (d) a search undertaken by consent:

    • (e) any prescribed search or surveillance, or search or surveillance of a prescribed kind, in any prescribed area or an area of a prescribed kind.

    (3) In this section and section 164, kind of surveillance device means—

    • (a) an interception device:

    • (b) a visual surveillance device:

    • (c) a tracking device.

164 Information to be included in report on surveillance device warrants and residual warrants declaratory orders
  • The information required to be included in an annual report by section 162A(1)(f) or 163(1)(f) is the following:

    • (a) the number of applications for surveillance device warrants and residual warrants declaratory orders granted or refused in the period covered by the report:

    • (b) the number of surveillance device warrants granted in the period covered by the report that authorised the use of a surveillance device, and the number in respect of each kind of surveillance device:

    • (c) the number of residual warrants granted declaratory orders made in the period covered by the report that authorised related to the use of a device, technique, procedure, or activity, and the number in respect of each device, technique, procedure, or activity:

    • (d) the number of surveillance device warrants and residual warrants granted during the period covered by the report that authorised entry into private premises:

    • (e) in respect of each kind of surveillance device authorised by a surveillance device warrant issued during the period covered by the report, the numbers of that kind of device used—

      • (i) for a period of no more than 24 hours:

      • (ii) for a period of more than 24 hours but no more than 3 days:

      • (iii) for a period of more than 3 days but no more than 7 days:

      • (iv) for a period of more than 7 days but no more than 21 days:

      • (v) for a period of more than 21 days but no more than 60 days:

    • (f) in respect of each residual warrant issued declaratory order made during the period covered by the report, the type of a general description of the nature of the device, technique, procedure, or activity authorised covered by the order:

    • (g) the number of criminal proceedings commenced in respect of which evidential material relevant to those proceedings was obtained directly or indirectly from carrying out activities under the authority of a surveillance device warrant or a residual warrant issued in the period covered by the report, and the number of such proceedings resulting in a conviction:

    • (g) the number of persons charged in criminal proceedings where the collection of evidential material relevant to those proceedings was significantly assisted by carrying out activities—

      • (i) under the authority of a surveillance device warrant issued in the period covered by the report; or

      • (ii) covered by a declaratory order made in the period covered by the report:

    • (h) the number of occasions on which activities that were carried out under the authority of a surveillance device warrant or a residual warrant in the period covered by the report did not lead to the bringing of criminal proceedings within 90 days of those activities:

    • (i) if a Judge has reported to the chief executive under section 55, 56, or 67 55 or 56 about a breach of any of the conditions of the issue of a surveillance device warrant or residual warrant, or about the use of a surveillance device not authorised under section 44, the number of those reports and the details of the breaches or the lack of authorisation reported.

Subpart 8Offences

165 Failing to comply with examination order
  • (1) Every person commits an offence if he or she, without reasonable excuse, fails to comply with an examination order.

    (2) Every person who commits an offence against subsection (1) is liable on indictment,—

    • (a) in the case of an individual, to imprisonment for a term not exceeding 1 year:

    • (b) in the case of a body corporate, to a fine not exceeding $40,000.

166 Failing to comply with production order
  • (1) Every person commits an offence if he or she, without reasonable excuse, fails to comply with a production order.

    (2) Every person who commits an offence against subsection (1) is liable on indictment,—

    • (a) in the case of an individual, to imprisonment for a term not exceeding 1 year:

    • (b) in the case of a body corporate, to a fine not exceeding $40,000.

167 False application for examination order, production order, search warrant, surveillance device warrant, or residual warrant declaratory order
  • Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 1 year who makes an application for an examination order, production order, search warrant, surveillance device warrant, or residual warrant declaratory order that contains any assertion or other statement known by the person to be false.

168 Leaving search location in breach of direction
  • Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months who, without reasonable excuse,—

    • (a) fails to comply with a direction under section 113(1) (special powers where application for search warrant pending); or

    • (b) leaves any place or vehicle at which he or she is detained under section 114(1).

169 Offences relating to stopping vehicles
  • (1) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months who—

    • (a) fails to stop as soon as practicable when required to do so by an enforcement officer exercising a power to stop or search a vehicle; and

    • (b) knows or ought reasonably to know that the person exercising the power is an enforcement officer.

    (1A) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months who—

    • (a) fails to comply with a requirement made by a constable under section 10(1)(aa); and

    • (b) knows or ought reasonably to know that the person imposing the requirement is a constable.

    (2) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months who—

    • (a) fails to comply with a requirement made by an enforcement officer under section 123; and

    • (b) knows or ought reasonably to know that the person imposing the requirement is an enforcement officer.

    (3) Any constable may arrest without warrant any person who the constable has reasonable grounds to suspect has committed an offence against subsection (1) or (2).

170 Offence of failing to carry out obligations in relation to computer system search
  • Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months who fails, without reasonable excuse, to assist a person exercising a search power when requested to do so under section 125(1).

171 Offence to disclose information acquired through search or surveillance
  • (1) No person who, as a consequence of exercising a search or surveillance power or as a consequence of assisting another person to exercise a power or carry out an activity of that kind any thing specified in subsection (1A), acquires information about any person may knowingly disclose the substance, meaning, or purport of that information, or any part of that information, otherwise than in the performance of that person's duty.

    (1A) The things referred to in subsection (1) are—

    • (a) the exercise of a search or surveillance power:

    • (b) an examination order:

    • (c) a production order:

    • (d) the use of a device, technique, or procedure, or the carrying out of an activity specified in a declaratory order.

    (2) Every person who acts in contravention of subsection (1) commits an offence and is liable on summary conviction,—

    • (a) in the case of an individual, to a term of imprisonment not exceeding 6 months:

    • (b) in the case of a body corporate, to a fine not exceeding $100,000.

Subpart 9Miscellaneous

172 Effect of proceedings
  • (1) This section applies when any proceeding has been commenced in any court in respect of—

    • (a) the exercise of any power conferred by this Act or any relevant enactment specified in column 2 of the Schedule; or

    • (b) the discharge of any duty imposed by this Act or any relevant enactment specified in column 2 of the Schedule; or

    • (c) the use for investigative purposes of any evidential material obtained from the execution of a power or discharge of a duty imposed by this Act or any relevant enactment specified in column 2 of the Schedule.

    (2) Until a final decision in relation to the proceeding is given, unless an interim order made under subsection (3) is in force,—

    • (a) the power or duty to which the proceeding relates may be, or may continue to be, exercised or discharged as if the proceeding had not been commenced, and no person is excused from fulfilling any obligation under this Act or any other enactment by reason of that proceeding; and

    • (b) any evidential material obtained from the execution of the power or discharge of the duty to which the proceeding relates may be, or may continue to be, used for investigative purposes.

    (3) Subsection (2) has effect despite any interim order made in the proceeding unless An interim order may be made by the High Court overriding the effect of subsection (2), but only if the High Court is satisfied that—

    • (a) the applicant has established a prima facie case that the warrant or order in question is unlawful; and

    • (b) the applicant would suffer substantial harm from the exercise or discharge of the power or duty; and

    • (c) if the power or duty is exercised or discharged before a final decision is made in the proceeding, none of the remedies specified in subsection (4), or any combination of those remedies, could subsequently provide an adequate remedy for that harm; and

    • (d) the terms of that order do not unduly hinder or restrict the investigation or prosecution.

    (4) The remedies are as follows:

    • (a) any remedy that the court may grant in making a final decision in relation to the proceeding (for example, a declaration):

    • (b) any damages that the applicant may be able to claim in concurrent or subsequent proceedings:

    • (c) any opportunity that the applicant may have, as defendant in a criminal proceeding, to challenge the admissibility of any evidence obtained as a result of the exercise or discharge of the power or duty.

    (5) An interim order that overrides subsection (3) because paragraphs (a) to (d) of that subsection apply— made under subsection (3)

    • (a) ceases to have effect on—

      • (i) a date specified in that order; or

      • (ii) any date subsequently specified by the High Court on being satisfied that paragraphs (a) to (d) of subsection (3) apply to the interim order continue to apply; and

    • (b) may be extended or renewed (whether before, on, or after its expiry) by the High Court, but only if the High Court is satisfied that paragraphs (a) to (d) of subsection (3) continue to apply.

173 Service of orders and notices
  • (1) Where an order or a notice is to be given to a person for the purposes of this Act, it may be given—

    • (a) by delivering it personally to the person; or

    • (b) by delivering it at the usual or last known place of residence or business of the person, including by fax or by electronic mail; or

    • (c) by sending it by prepaid post addressed to the person at the usual or last known place of residence or business of the person.

    (2) Where an order or notice is to be served on a corporation for the purposes of this subpart, service on an officer of the corporation, or on the registered office of the corporation, in accordance with subsection (1) is deemed to be service on the corporation.

    (3) Where an order or notice is to be served on a partnership for the purposes of this subpart, service on any one of the partners in accordance with subsection (1) or (2) is deemed to be service on the partnership.

    (4) Where an order or notice is sent by post to a person in accordance with subsection (1)(c), the order or notice is deemed, in the absence of proof to the contrary, to have been given on the third day after the day on which it was posted.

    (5) This section is subject to any other section of this Act that makes different provision for the service of orders or notices.

    Compare: 1990 No 51 s 52

174 Application of certain provisions
  • If any subpart or provision of this Part is applied by another enactment in respect of the exercise of a power under that enactment, then irrespective of whether subpart 6 or 8 of this Part of this Act is expressly applied,—

    • (a) subpart 6 (immunities) applies, in respect of the exercise of the power; and

    • (b) subpart 8 (offences) applies, in respect of any act or omission involved in the exercise of the power.

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

175 Amendments to Agricultural Compounds and Veterinary Medicines Act 1997
  • Sections 176 to 179 amend the Agricultural Compounds and Veterinary Medicines Act 1997.

176 Powers of entry for inspection
  • (1) Section 64(2)(c) is amended by omitting , and remove any documents or other records including records in an electronic form from the place for the purpose of copying such documents or records.

    (2) Section 64 is amended by repealing subsections (3) and (4) and substituting the following subsection:

    • (3) The provisions of Part 4 of the Search and Surveillance Act 2009 (except sections 108(d), 110(2)(d), 114, and 115) apply.

177 Issue of search warrants
  • (1) Section 69(1) is amended by—

    • (a) omitting Any District Court Judge or Justice of the Peace or any Registrar who is satisfied, on application in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who is satisfied, on an application made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009; and

    • (b) omitting in the form set out in Schedule 1.

    (2) Section 69(1) is amended by inserting the following paragraph after paragraph (b):

    • (ba) any trade name product or agricultural compound manufactured or imported in breach of the provisions of this Act:.

    (3) Section 69(1)(c) is amended by omitting paragraph (a) or paragraph (b) and substituting paragraph (a), (b), or (ba).

    (4) Section 69 is amended by repealing subsections (2) to (4) and substituting the following subsection:

    • (2) Subject to section 70, the provisions of Part 4 of the Search and Surveillance Act 2009 apply.

178 Powers of entry with warrant
  • Section 70 is amended by repealing subsections (1) to (4) and substituting the following subsection:

    • (1) Without limiting the powers conferred by any warrant issued under section 69(1), and subject to any conditions imposed by the issuing officer, every warrant issued under that section authorises the constable or the ACVM officer who is executing it, and any person called on by that constable or ACVM officer to assist, to seize and detain any trade name product or agricultural compound that—

      • (a) is a risk to public health, agricultural security, trade in or market access for primary produce, or the welfare of animals, or that may breach domestic food residue standards; and

      • (b) appears to an ACVM officer, who has made such inquiries as appear reasonable in the circumstances, to have been abandoned or to have no apparent or readily identifiable owner.

179 Disposal of property seized
  • (1) Section 71(1) is amended by omitting Except as provided in subsection (2) of this section, section 199 of the Summary Proceedings Act 1957 and substituting Subject to subsection (3), subpart 5 of Part 4 of the Search and Surveillance Act 2009.

    (2) Section 71(2) is repealed.

    (3) Section 71(3) is amended by omitting 70(1)(f)(ii) and substituting 70(1).

    (4) Section 71 is amended by adding the following subsection:

    • (4) If any person is convicted of an offence to which the seized property relates, the court may, if it thinks fit, order that the item be disposed of as the court directs at the expense of the convicted person, and may order that the person pay any reasonable costs incurred by the Commissioner of Police or the Director-General.

Amendments to Animal Products Act 1999

180 Amendments to Animal Products Act 1999
  • Sections 181 to 184 amend the Animal Products Act 1999.

181 Power of entry
  • (1) Section 87(2) is amended by omitting , at any reasonable time,.

    (2) Section 87 is amended by repealing subsection (3).

    (3) Section 87(4) is amended by omitting , at any time that is reasonable in the circumstances.

    (4) Section 87 is amended by repealing subsections (5) and (6) and substituting the following subsection:

    • (5) The provisions of subpart 3 of Part 4 of the Search and Surveillance Act 2009 apply in respect of the exercise of any powers under this section.

182 Power to examine, etc
  • (1) Section 88 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 (other than sections 108(d), 110(2)(d), 114, and 115) apply in respect of the exercise of powers under subsection (1)(a) or (b).

    (2) Section 88(3) is amended by inserting (other than under subsection (1)(a) or (b)) after this section.

183 New section 91A inserted
  • The following section is inserted after section 91:

    91A Disposal of seized animals prior to commencement or determination of proceedings
    • (1) This section applies if—

      • (a) a live animal is or live animals are seized by a constable or an animal product officer under the authority of a search warrant issued under section 94; and

      • (b) either—

        • (i) proceedings for an offence involving that animal or those animals—

          • (A) have been commenced but not yet determined; or

          • (B) have not yet been commenced but are intended to be commenced within a reasonable period; or

        • (ii) the owner of that animal or animals cannot be located.

      (2) If this section applies, a District Court, on its own motion or on an application by a constable or an animal product officer, may make an order authorising—

      • (a) the sale of the animal or animals; or

      • (b) the placement of the animal or animals with another person; or

      • (c) the destruction, slaughter, and processing of the animal or animals for animal products for sale, or other disposal of the animal or animals.

      (3) The District Court—

      • (a) must, before making an order under subsection (2), give the owner of the animal or animals, if known and able to be contacted, an opportunity to be heard; and

      • (b) may make an order under subsection (2) if it is satisfied that there are good reasons for making that order; and

      • (c) may, when making the order, impose conditions (whether relating to the payment of any security holder in the animal or animals or otherwise).

      (4) In determining whether to make any order referred to in subsection (2), the court must have regard to the following matters:

      • (a) whether the owner of the animal or animals has been identified, and if not, the steps that have been taken to identify and contact that person:

      • (b) the number of animals involved:

      • (c) the cost of continuing to hold the animal or animals:

      • (d) the physical state of the animal or animals:

      • (e) whether it is reasonable or practicable for the animal or animals to be placed elsewhere:

      • (f) whether it is reasonable or practicable for the Ministry to retain possession of and care for the animal or animals until the determination of the proceedings relating to the animal or animals:

      • (g) whether any person will suffer material loss, and the extent of that loss, if the animal or animals are or are not sold:

      • (h) the fitness for purpose of any animal products derived from the seized animal or animals:

      • (i) any other matters the court considers relevant.

      (5) If an animal is or animals are sold under an order made under subsection (2)(a) or animal products are sold under an order made under subsection (2)(c), the proceeds of sale (if any) must be held by the Ministry (after deducting (in order) the costs of transport and processing, the cost of sale, any sums required to be paid to a security holder or any other person under a condition of the order for sale, and any costs incurred by the Crown in caring for the animal or animals or providing veterinary treatment to that animal or those animals).

      (6) The Ministry must, unless the proceeds of sale are otherwise forfeited to the Crown or the owner of the animal or animals is unknown or cannot be contacted, pay the proceeds of sale to that the owner as soon as practicable—

      • (a) after the determination of the proceedings for an offence involving that animal or those animals; or

      • (b) after a decision is taken not to commence any such proceedings.

184 Other amendments to Animal Products Act 1999
  • (1) Section 92 is repealed.

    (2) Section 94(1) is amended by—

    • (a) omitting Any District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue a search warrant in the form set out in the Schedule and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a search warrant; and

    • (b) omitting on application in writing made on oath and substituting on an application made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009 by an animal products officer or a constable.

    (3) Section 94 is amended by repealing subsections (2) and (3) and substituting the following subsection:

    • (2) Subject to section 95, the provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (4) Section 95 is amended by repealing subsection (1) and substituting the following subsections:

    • (1) Without limiting the powers conferred by any search warrant issued under section 94(1), every warrant issued under that section authorises the constable or animal products officer who is executing it, and any person called on by that constable or officer to assist, to exercise—

      • (a) all of the powers of an animal product officer under sections 88 to 91; or

      • (b) only such of those powers as are specified in the warrant.

    • (1A) To avoid doubt, Part 4 of the Search and Surveillance Act 2009 does not apply in respect of any exercise of a power under sections 89 to 91 as a consequence of subsection (1) of this section.

    (5) Section 96 is amended by repealing subsections (1) to (3).

    (6) Section 97 is amended by—

    • (a) omitting Section 199 of the Summary Proceedings Act 1957 and substituting Subpart 5 of Part 4 of the Search and Surveillance Act 2009; and

    • (b) repealing paragraphs (a) to (c).

    (7) The Schedule is repealed.

Amendments to Animal Welfare Act 1999

185 Amendments to Animal Welfare Act 1999
  • Sections 186 to 189 amend the Animal Welfare Act 1999.

186 Amendments to sections 130 to 136
  • (1) Section 130(1)(a) is amended by inserting (including, if necessary, destroying or arranging for the destruction of the animal) after animal.

    (2) Section 130(1)(b) is amended by adding (including, if necessary, destroying or arranging for the destruction of the animal).

    (3) Section 131(1) is amended by omitting District Court Judge or Justice or Community Magistrate or any Registrar (not being a member of the police) who, on an application in writing made on oath and substituting issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act.

    (4) Section 131 is amended by repealing subsection (3) and substituting the following subsections:

    • (3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply, subject to subsection (4) and sections 133(2) and (4), 136, and 136A.

    • (4) Despite subsection (3), sections 108(d), 110(2)(d), 114, and 115 of the Search and Surveillance Act 2009 apply only in respect of a warrant issued to a named constable or to every constable.

    (5) Sections 132, 133(1), (3), and (5), 134, and 135 are repealed.

    (5A) Section 133(4) is amended by inserting (including, if necessary, destroying or arranging for the destruction of the animal) after suffering of the animal.

    (6) Section 136(1) is amended by omitting subsections (2) and (3), section 199 of the Summary Proceedings Act 1957 and substituting subsections (2) and (3) and section 136A, subpart 5 of Part 4 of the Search and Surveillance Act 2009.

    (7) Section 136 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) Despite anything in subpart 5 of Part 4 of the Search and Surveillance Act 2009, a constable or an inspector who has custody of an animal may place that animal in the care of any other person.

    (8) Section 136(3) is amended by omitting section 199(3) of the Summary Proceedings Act 1957 and substituting section 147(2)(c) of the Search and Surveillance Act 2009.

187 New section 136A inserted
  • The following section is inserted after section 136:

    136A Disposal of animals seized or taken into custody prior to commencement or determination of proceedings
    • (1) This section applies if—

      • (a) 1 or more animals are seized by a constable or an inspector, under the authority of a search warrant issued under section 131, or are taken into possession by an inspector under section 127(5) or a constable under section 137(1); and

      • (b) either—

        • (i) proceedings for an offence involving that animal or those animals—

          • (A) have been commenced but not yet determined; or

          • (B) have not yet been commenced but are intended to be commenced within a reasonable period; or

        • (ii) the owner of that animal or those animals cannot be located.

      (2) If this section applies, a District Court, on its own motion, or on an application by a constable or an inspector, may make an order authorising—

      • (a) the sale of the animal or animals; or

      • (b) the placement of the animal or animals with another person; or

      • (c) the destruction or other disposal of the animal or animals; or

      • (d) the dehorning or performance of other surgical procedures on the animal or animals.

      (3) The District Court—

      • (a) must, before making an order under subsection (2), give the owner of the animal or animals, if known and able to be contacted, an opportunity to be heard; and

      • (b) may make an order under subsection (2) if it is satisfied that there are good reasons for making that order; and

      • (c) may, when making the order, impose conditions (whether relating to the payment of any security holder in the animal or animals or otherwise).

      (4) In determining whether to make any order referred to in subsection (3) (2), the court must have regard to the following matters:

      • (a) whether the owner of the animal or animals has been identified, and if not, the steps that have been taken to identify and contact that person:

      • (b) the number of animals involved:

      • (c) whether the animal or animals are being kept for economic purposes or for companionship:

      • (d) the cost of continuing to hold the animal or animals:

      • (e) the physical state of the animal or animals:

      • (f) whether it is reasonable or practicable for the animal or animals to be placed elsewhere:

      • (g) whether it is reasonable or practicable for the Ministry or an approved organisation to retain possession of and care for the animal or animals until the determination of the proceedings relating to the animal or animals:

      • (h) whether any person will suffer material or other loss, and the extent of that loss, if the animal or animals are sold:

      • (i) any other matters the court considers relevant.

      (5) If an animal is sold under the authority of an order under subsection (2)(a), the proceeds of sale (if any) must be held by the Ministry or an approved organisation (after deducting (in order) the costs of sale, any sums required to be paid to a security holder or any other person under a condition of the order for sale, and any costs incurred by the Crown or approved organisation in caring for the animal or animals or providing veterinary treatment to that animal or those animals).

      (6) The Ministry or approved organisation referred to in subsection (5) must, unless the proceeds of sale are forfeited to the Crown under section 172(1) or the owner of the animal is unknown or cannot be contacted, pay the proceeds of sale to that the owner as soon as practicable—

      • (a) after the determination of the proceedings for an offence involving that animal or those animals; or

      • (b) after a decision is taken not to commence any such proceedings.

188 Vehicle, aircraft, ship, or animal may be detained
  • (1) Section 137 is amended by repealing subsections (1) and (2) and substituting the following subsection:

    • (1) If a constable arrests a person for an offence against section 22(2), 23(1) or (2), or 40(1) and the person is for the time being in charge of a vehicle, an aircraft, or a ship, or an animal, the constable may—

      • (a) take possession of the vehicle, aircraft, or ship, or the animal, or both, and may take that vehicle, aircraft, or ship, or take that animal, or both, as the case may be, to another place; and

      • (b) detain that vehicle, aircraft, or ship, or that animal, or both, at a place chosen by the constable for a period that is reasonably necessary to—

        • (i) conduct a search of the vehicle, aircraft, or ship, or animal, or both, under another provision in this Act or under any other enactment that authorises such a search; or

        • (ii) provide humane treatment for any animal that is moved.

    (2) Section 137(3) is amended by omitting subsections (1) and (2) and substituting subsection (1).

189 Power of court to order certain animals be forfeited to the Crown
  • Section 172 is amended by repealing subsection (1) and substituting the following subsection:

    • (1) If the owner of an animal is convicted of an offence against this Act in respect of that animal, the court may,—

      • (a) if it thinks it desirable for the protection of the animal (in addition to or in substitution for any other penalty), order that the animal be forfeited to the Crown or to an approved organisation:

      • (b) if it thinks it desirable (in addition to or in substitution for any other penalty), order that any proceeds of sale of the animal retained under section 136A be forfeited to the Crown.

Amendment to Antarctic Marine Living Resources Act 1981

190 Amendment to Antarctic Marine Living Resources Act 1981
  • (1) This section amends the Antarctic Marine Living Resources Act 1981.

    (2) Section 9 is amended by repealing subsections (3) to (5) and substituting the following subsection:

    • (3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

Amendments to Antarctica (Environmental Protection) Act 1994

191 Amendments to Antarctica (Environmental Protection) Act 1994
  • (1) This section amends the Antarctica (Environmental Protection) Act 1994.

    (2) Section 42(1) is amended by—

    • (a) omitting a District Court Judge, a duly authorised Justice, a Community Magistrate, or a Registrar (not being a member of the Police), who, on application made and substituting an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act; and

    • (b) omitting , unconditionally or subject to conditions, a warrant authorising the entry and search of the area, at any time on one occasion within 14 days of the issue of the warrant (or within such further time as may be specified in the warrant) and substituting a warrant authorising the entry and search of the area.

    (3) Section 42 is amended by repealing subsections (2) to (4) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (4) Section 43 is amended by inserting the following subsection after subsection (1):

    • (1A) Subject to subsection (2), the provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (5) Section 44 is amended by omitting any of sections 41 to 43 and substituting section 41.

Amendments to Aviation Crimes Act 1972

192 Amendments to Aviation Crimes Act 1972
  • (1) This section amends the Aviation Crimes Act 1972.

    (2) Section 13(1)(b) is amended by adding and that a search of the first-mentioned person will disclose evidential material about that offence,.

    (3) Section 13 is amended by repealing subsections (3) and (4) and substituting the following subsection:

    • (4) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

Amendments to Biosecurity Act 1993

193 Amendments to Biosecurity Act 1993
  • (1) This section amends the Biosecurity Act 1993.

    (2) Section 110(1) is amended by omitting A District Court Judge, a Justice of the Peace, a Community Magistrate, or a Registrar (not being a member of the police) may, on the written application of an inspector or authorised person made on oath, and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may, on an application (made in the manner provided by subpart 2 of Part 4 of that Act) by an inspector or authorised person,.

    (3) Section 110(2) is amended by omitting Judge, Justice, Magistrate, or Registrar and substituting issuing officer.

    (4) Section 111(1) is amended by omitting a District Court Judge, a Justice of the Peace, a Community Magistrate, or a Registrar (not being a member of the Police), who, on the written application (made on oath) of and substituting an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application (made in the manner provided by subpart 2 of Part 4 of that Act) by.

    (5) Section 112(1)(a)(ii) is amended by inserting or copy of the warrant after warrant in each place where it appears.

    (6) Section 118(2) is amended by omitting Section 199 of the Summary Proceedings Act 1957 and substituting Subpart 5 of Part 4 of the Search and Surveillance Act 2009.

Amendment to Boxing and Wrestling Act 1981

194 Amendment to Boxing and Wrestling Act 1981
  • Section 195 amends the Boxing and Wrestling Act 1981.

195 New section 9 substituted
  • Section 9 is repealed and the following section substituted:

    9 Search warrants
    • (1) An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a search warrant if, on an application made by a constable in the manner provided in subpart 2 of Part 4 of that Act, he or she is satisfied that there are reasonable grounds for believing that on any premises a contest is being conducted in breach of this Act or any regulations made under it.

      (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

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

196 Amendments to Children, Young Persons, and Their Families Act 1989
  • Sections 197 and to 198 amend the Children, Young Persons, and Their Families Act 1989.

197 Amendments to Parts 1 to 9 of Children, Young Persons, and Their Families Act 1989
  • (1) Section 39(1) is amended by omitting any Justice or any Community Magistrate or any Registrar (not being a member of the police), who, on application in writing made on oath and substituting any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on application in writing verified in accordance with section 97 of that Act.

    (2) Section 40(1) is amended by omitting any Justice or any Community Magistrate or any Registrar (not being a member of the police), may, on application in writing made on oath and substituting any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may, on application in writing verified in accordance with section 97 of that Act.

    (3) Section 386(1) is amended by omitting Any Judge or Justice or Community Magistrate or any Registrar (not being a member of the police) who, on application in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on application in writing verified in accordance with section 97 of that Act.

197A Amendments to Part 10 of Children, Young Persons, and Their Families Act 1989
  • (1) Section 445A is amended by—

    • (a) omitting section 39 or section 40 or; and

    • (b) omitting or section 386 of this Act.

    (2) Section 445B(2) is amended by omitting section 39, 40, 122, 157(2), 205(2)(b), or 386 and substituting section 122, 157(2), or 205(2)(b).

198 New section 445A substituted
  • Sections 445A to 445C are repealed and The following section is substituted:

    445A Certain provisions of the Search and Surveillance Act 2009 apply to some warrants
    • Sections 99 and 103 of the Search and Surveillance Act 2009 apply, with any necessary modifications, in respect of any warrant applied for or issued under section 39, 40, or 386.

198 New section 445D inserted
  • The following section is inserted after section 445C:

    445D Certain provisions of Search and Surveillance Act 2009 apply to some warrants
    • Sections 99 and 103 of the Search and Surveillance Act 2009 apply, with any necessary modifications, in respect of any warrant applied for or issued under section 39, 40, or 386.

Amendments to Civil Aviation Act 1990

199 Amendments to Civil Aviation Act 1990
  • (1) This section amends the Civil Aviation Act 1990.

    (2) Section 24(4) is amended by omitting a judicial officer on written application on oath, which shall not be granted unless the judicial officer and substituting an issuing officer on application in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009, which must not be granted unless the issuing officer.

    (3) Section 24 is amended by repealing subsection (5) and substituting the following subsection:

    • (5) Subject to subsections (6) and (7), subparts 2 and 3 of Part 4 of the Search and Surveillance Act 2009 apply in relation to the issue of a warrant under subsection (4) and its execution.

Amendments to Commodity Levies Act 1990

200 Amendments to Commodity Levies Act 1990
  • (1) This section amends the Commodity Levies Act 1990.

    (2) Section 19(1) is amended by—

    • (a) omitting A District Court Judge, a Justice, a Community Magistrate, or a Court Registrar (not being a constable) who, on an application in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act; and

    • (b) omitting in the form set out in the Schedule to this Act.

    (3) Section 19 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 (except sections 108(d), 110(2)(d), 114, and 115) apply.

    (4) Sections 20 to 22 are repealed.

Amendments to Conservation Act 1987

201 Amendments to Conservation Act 1987
  • (1) This section amends the Conservation Act 1987.

    (2) Section 40(4A) and (4B) are repealed.

    (3) Section 40 is amended by adding the following subsection:

    • (7) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (4) Section 46 is amended by repealing subsections (1), (2), and (4).

Amendments to Customs and Excise Act 1996

202 Amendments to Customs and Excise Act 1996
  • Sections 203 to 211 amend the Customs and Excise Act 1996.

203 Amendments to sections 139 to 141 of Customs and Excise Act 1996
  • (1) Section 139 is amended by adding the following subsections:

    • (5) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of the power conferred by subsection (1)(d).

    • (6) Despite subsection (5), sections 120(2), 126(5)(e), and 127, and subparts 5 and 7 of Part 4 of the Search and Surveillance Act 2009 do not apply to any goods forfeited to the Crown under section 225 of this Act.

    (2) Section 140(2) is amended by omitting subsection (1) and substituting subsection (1)(a) to (c).

    (3) Section 140 is amended by adding the following subsections:

    • (3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of the power conferred by subsection (1)(d).

    • (4) Despite subsection (3), sections 120(2), 126(5)(e), and 127, and subparts 5 and 7 of Part 4 of the Search and Surveillance Act 2009 do not apply to any goods forfeited to the Crown under section 225 of this Act.

    (4) Section 141 is amended by omitting section 139 or section 140 and substituting section 139(1)(a) to (c) or 140(1)(a) to (c).

204 Searching vehicles
  • Section 144 is amended by adding the following subsections:

    • (56) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of a search undertaken under this section.

    • (67) Despite subsection (5), sections 120(2), 126(5)(e), and 127, and subparts 5 and 7 of Part 4 of the Search and Surveillance Act 2009 do not apply to any goods forfeited to the Crown under section 225 of this Act.

205 Amendments to sections 149A to 149D of Customs and Excise Act 1996
  • (1) Section 149A(3) is amended by omitting 149D and substituting 149C.

    (2) Section 149B(4) to (6) are repealed.

    (3) Section 149B is amended by adding the following subsections:

    • (8) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of the powers conferred by this section.

    • (9) Despite subsection (8), sections 120(2), 126(5)(e), and 127, and subparts 5 and 7 of Part 4 of the Search and Surveillance Act 2009 do not apply to any goods forfeited to the Crown under section 225 of this Act.

    (4) Section 149BA(1) is amended by omitting believe and substituting suspect.

    (5) Section 149BA(3) is repealed.

    (6) Section 149BA is amended by repealing subsection (5) and substituting the following subsections:

    • (5) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of the powers conferred by this section.

    • (6) Despite subsection (5), sections 120(2), 126(5)(e), and 127, and subparts 5 and 7 of Part 4 of the Search and Surveillance Act 2009 do not apply to any goods forfeited to the Crown under section 225 of this Act.

    (7) Section 149C is amended by repealing subsection (2) and substituting the following subsections:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of the powers conferred by this section.

    • (3) Despite subsection (2), sections 120(2), 126(5)(e), and 127, and subparts 5 and 7 of Part 4 of the Search and Surveillance Act 2009 do not apply to any goods forfeited to the Crown under section 225 of this Act.

    (8) Section 149D is repealed.

206 Examination of goods no longer subject to control of Customs
  • Section 152 is amended by inserting the following subsections after subsection (3):

    • (3A) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of the powers conferred by this section.

    • (3B) Despite subsection (3A), sections 120(2), 126(5)(e), and 127, and subparts 5 and 7 of Part 4 of the Search and Surveillance Act 2009 do not apply to any goods forfeited to the Crown under section 225 of this Act.

207 Amendments to sections 165 to 167 of Customs and Excise Act 1996
  • (1) The heading to section 165 is amended by omitting search and substituting inspection.

    (2) Section 165(1) is amended by omitting search, in each place where it appears.

    (3) The heading to section 166 is amended by omitting search and substituting inspection.

    (4) Section 166(1) is amended by omitting search, in each place where it appears.

    (5) Section 167(1) is amended by omitting A District Court Judge, Justice of the Peace, Community Magistrate, or Registrar (not being a constable) may issue a search warrant in the prescribed form if he or she is satisfied, on an application by a Customs officer in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a search warrant if he or she is satisfied, on an application by a Customs officer made in the manner provided in subpart 2 of Part 4 of that Act.

    (6) Section 167 is amended by repealing subsections (2) to (4) and substituting the following subsections:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    • (3) Despite subsection (2), sections 120(2), 126(5)(e), and 127, and subparts 5 and 7 of Part 4 of the Search and Surveillance Act 2009 do not apply to any goods forfeited to the Crown under section 225 of this Act.

208 Amendments to section 172 and repeal of sections 168 to 171 and 173 of Customs and Excise Act 1996
  • (1) Sections 168 to 171 and 173 are repealed.

    (2) Section 172(1) is amended by inserting (other than a power of search to which Part 4 of the Search and Surveillance Act 2009 applies) after conferred by this Act.

    (3) Section 172(2) is amended by omitting or 171.

209 Seizure and detention of goods suspected to be certain risk goods or evidence of commission of certain offences
  • (1AA) The heading to section 175C is amended by inserting or documents after of goods.

    (1) Section 175C(1) is amended by inserting or documents after goods in the second place where it appears.

    (2) Section 175C(2) to (4) are amended by inserting or documents after goods in each place where it appears.

    (3) Section 175C is amended by repealing subsection (5) and substituting the following subsection:

    • (5) Subpart 5 of Part 4 of the Search and Surveillance Act 2009 applies with any necessary modifications to goods or documents detained under subsection (1).

210 New section 175D inserted
  • The following section is inserted after section 175C:

    175D Seizure and detention of certain drugs and objectionable publications
    • (1) A Customs officer may seize and detain goods or documents that are presented or located in the course of exercising any power of inspection, search, or examination under this Act, if he or she has cause to suspect on reasonable grounds that the goods or documents are evidence of the commission of 1 or more offences under 1 or more of the following enactments:

      • (a) section 6, 7, 12A, 13, or 22 of the Misuse of Drugs Act 1975:

      • (b) section 123, 124, 131, or 131A of the Films, Videos, and Publications Classification Act 1993.

      (2) A Customs officer who detains goods or documents under subsection (1) may, if the appropriate person specified in subsection (3) agrees, do any of the following:

      • (a) deliver the goods or documents into the custody of that person:

      • (b) retain the goods or documents pending further investigation:

      • (c) treat the goods or documents as forfeited within the meaning of this Act.

      (3) The appropriate person referred to in subsection (2) is,—

      • (a) if the Customs officer believes that subsection (1)(a) applies, a constable; or

      • (b) if the Customs officer believes that subsection (1)(b) applies, an Inspector of Publications within the meaning of the Films, Videos, and Publications Classification Act 1993.

      (4) Once goods or documents have been delivered to a person under subsection (2)(a), responsibility for those goods or documents passes to that person.

      (5) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of the powers conferred by this section.

      (6) Despite subsection (5), sections 120(2), 126(5)(e), and 127, and subparts 5 and 7 of Part 4 of the Search and Surveillance Act 2009 do not apply to any forfeited goods (within the meaning of this Act).

211 Amendments to Part 17 of Customs and Excise Act 1996
  • (1) Section 286(1)(aa) is repealed.

    (2) Section 305A(1) is amended by omitting 167, and 171 and substituting and 167.

Amendments to Dairy Industry Restructuring Act 2001

212 Amendments to Dairy Industry Restructuring Act 2001
  • (1) This section amends the Dairy Industry Restructuring Act 2001.

    (2) Section 29C is amended by omitting 29L and substituting 29H.

    (3) Section 29D is amended by omitting 29L and substituting 29H.

    (4) Section 29I(1) is amended by—

    • (a) omitting A District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue a search warrant in the form set out in Schedule 5D and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a search warrant; and

    • (b) omitting in writing made on oath and substituting made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009.

    (5) Section 29I is amended by repealing subsections (2) and (3) and substituting the following subsections:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    • (3) Despite subsection (2), sections 108(d), 110(2)(d), 114, and 115 of the Search and Surveillance Act 2009 apply only in respect of a warrant issued to a named constable or to every constable.

    (6) Sections 29J to 29L are repealed.

    (7) Section 145(j) is amended by omitting sections 98B to 98G and substituting section 98G.

Amendments to Dog Control Act 1996

213 Amendments to Dog Control Act 1996
  • Sections 214 and 215 amend the Dog Control Act 1996.

214 Power of entry
  • (1) Section 14(3)(a) is amended by omitting a District Court Judge on written application on oath and substituting an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) on application by a dog control officer in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009.

    (2) Section 14 is amended by adding the following subsection:

    • (5) The provisions of Part 4 of the Search and Surveillance Act 2009 (except subpart 5) apply.

215 Other amendments to Dog Control Act 1996
  • (1) Section 56(3) is amended by omitting paragraph (a) and substituting the following paragraph:

    • (a) he or she is authorised to enter by a warrant issued by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) made on application by the dog ranger or dog control officer in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009; and.

    (2) Section 56 is amended by inserting the following subsection after subsection (3):

    • (3A) None of the following persons may act as an issuing officer under this section:

      • (a) the mayor or any elected member of the local authority that employs or engages the dog ranger or dog control officer; or

      • (b) any employee of the local authority that employs or engages the dog ranger or dog control officer.

    (3) Section 57(6)(b) is amended by omitting he or she is authorised in writing to do so by a Justice, who must not grant an authority unless the Justice and substituting he or she is authorised to enter by a warrant issued by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009), made on application by the dog ranger or dog control officer in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009, who must not issue a warrant unless the issuing officer.

    (4) Section 57 is amended by inserting the following subsection after subsection (6):

    • (6A) None of the following persons may act as an issuing officer under this section:

      • (a) the mayor or any elected member of the local authority that employs or engages the dog ranger or dog control officer; or

      • (b) any employee of the local authority that employs or engages the dog ranger or dog control officer.

Amendments to Driftnet Prohibition Act 1991

216 Amendments to Driftnet Prohibition Act 1991
  • Sections 217 to 220 amend the Driftnet Prohibition Act 1991.

217 Powers of search
  • Section 13 is amended by inserting the following subsection after subsection (3):

    • (3A) The provisions of subparts 3 to 6 of Part 4 (other than sections 108(d), 110(2)(d), 114, and 115) and section 172 of the Search and Surveillance Act 2009 apply.

218 New section 16 substituted
  • Section 16 is repealed and the following section substituted:

    16 Custody of property seized
    • All property seized under section 15 must be dealt with under subpart 5 of Part 4 of the Search and Surveillance Act 2009.

219 Sections 17 to 22 repealed
  • Sections 17 to 22 are repealed.

220 Section 24 repealed
  • Section 24 is repealed.

Amendments to Employment Relations Act 2000

221 Amendments to Employment Relations Act 2000
  • (1) This section amends the Employment Relations Act 2000.

    (2) Section 231 is amended by omitting on oath, and substituting in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009,.

    (3) Section 231 is amended by adding the following subsection as subsection (2):

    • (2) When making an application under subsection (1), references in subpart 2 of Part 4 of the Search and Surveillance Act 2009 to an issuing officer are to be treated as references to a Judge.

Amendments to Extradition Act 1999

222 Amendments to Extradition Act 1999
  • (1) This section amends the Extradition Act 1999.

    (2) Section 82 is amended by repealing subsection (3) and substituting the following subsection:

    • (3) Nothing in this section limits or affects any power under section 11 of the Search and Surveillance Act 2009.

    (3) Section 83(2) is amended by omitting A District Court Judge who, on an application in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act.

    (4) Section 83 is amended by adding the following subsection:

    • (4) The provisions of Part 4 of the Search and Surveillance Act 2009 (except subpart 5) apply.

    (5) Sections 84 to 88 are repealed.

Amendments to Films, Videos, and Publications Classification Act 1993

223 Amendments to Films, Videos, and Publications Classification Act 1993
  • Sections 224 and 225 to 225A amend Part 7 of the Films, Videos, and Publications Classification Act 1993.

224 Amendments to Part 7 sections 109 to 109B of Films, Videos, and Publications Classification Act 1993
  • (1) Section 109 is amended by omitting A District Court Judge, Justice, or Community Magistrate, or a Registrar (not being a member of the police) may, on an application in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may, on an application in the manner provided in subpart 2 of Part 4 of that Act.

    (2) Section 109A(1) is amended by omitting A District Court Judge may, on an application in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may, on an application made in the manner provided in subpart 2 of Part 4 of that Act the Search and Surveillance Act 2009.

    (3) Section 109B is amended by omitting A Justice, Community Magistrate, or Registrar (not being a member of the police) may, on an application in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may, on an application made in the manner provided in subpart 2 of Part 4 of that Act.

    (4) Section 118 is repealed.

225 New section 110 substituted
  • Sections 110 to 114 are repealed and the following section is substituted:

    110 Application of Part 4 of Search and Surveillance Act 2009
    • (1) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of any search warrant issued under section 109, 109A, or 109B.

      (2) This section is subject to sections 115 to 117.

225A Section 118 repealed
  • Section 118 is repealed.

Amendments to Financial Transactions Reporting Act 1996

226 Amendments to Financial Transactions Reporting Act 1996
  • (1) This section amends the Financial Transactions Reporting Act 1996.

    (2) Section 38 is amended by repealing subsections (2) to (5) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (3) Section 44 is amended by omitting Any District Court Judge, Justice, or Community Magistrate, or any Registrar (not being a member of the Police), who, on an application in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act.

    (4) Section 44 is amended by adding the following subsection as subsection (2):

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (5) Sections 45 to 51 are repealed.

Amendments to Fisheries Act 1996

227 Amendments to Fisheries Act 1996
  • Sections 228 to 230 amend the Fisheries Act 1996.

228 New sections 199 and 199A substituted
  • Section 199 is repealed and the following sections are substituted:

    199 Powers of entry and examination for regulatory purposes
    • (1) In the course of the enforcement and administration of this Act, a fishery officer may, at any reasonable time,—

      • (a) examine any vessel, vehicle, premises, or other place (by stopping or opening the thing or place, as the case requires, where necessary) and—

        • (i) examine any fish, aquatic life, or seaweed in that thing or at that place; or

        • (ii) examine any accounts, records, returns, or other documents in that thing or at that place that may be relevant to monitoring for compliance with this Act or any regulations made under this Act; or

        • (iii) examine any record, authority, approval, permission, licence, or authority in that thing or at that place that may be relevant to monitoring for compliance with this Act or any regulations made under this Act; or

        • (iv) examine any article, gear, container, apparatus, device, or thing relating to the taking, sale, purchase, farming, or possession of any fish, aquatic life, or seaweed that is in that thing or at that place:

      • (b) for the purposes of exercising any power conferred by paragraph (a), enter or pass across any land:

      • (c) stop any person and examine any thing referred to in paragraph (a)(i) to (iv) that is in the possession of that person:

      • (d) for the purposes of any examination under paragraph (a) or (c),—

        • (i) open or direct any person to open any thing that may be examined; and

        • (ii) take any sample of a thing that may be examined, for forensic or other scientific testing.

      (2) The provisions of Part 4 of the Search and Surveillance Act 2009 (other than subpart 2 and section 115) apply.

      (3) A fishery officer may detain any vessel, vehicle, conveyance of any kind, parcel, package, record, document, article, gear, apparatus, device, container, fish, aquatic life, seaweed, or thing for any period that is reasonably necessary to enable the fishery officer to carry out an examination under this section.

    199A Powers of entry and search for law enforcement purposes
    • (1) Subsection (2) applies to a fishery officer if he or she believes, on reasonable grounds, that there may be concealed or located or held in any vessel, vehicle, conveyance of any kind, premises, place, parcel, package, record, or thing—

      • (a) any fish, aquatic life, or seaweed taken or thing used or intended to be used in contravention of this Act; or

      • (b) any article, record, document, or thing that there is reasonable ground to believe will be evidence as to the commission of an offence against this Act.

      (1) Subsection (2) applies to a fishery officer if he or she believes, on reasonable grounds, that—

      • (a) an offence is being or has been committed against this Act; and

      • (b) there may be concealed or located or held in any vessel, vehicle, conveyance of any kind, premises, place, parcel, package, record, or thing—

        • (i) any fish, aquatic life, or seaweed taken or thing used or intended to be used in contravention of this Act; or

        • (ii) any article, record, document, or thing that there is reasonable ground to believe will be evidence as to the commission of an offence against this Act.

      (2) If this subsection applies to a fishery officer, then, for the purpose of enforcing this Act, that officer may—

      • (a) enter, examine, and search any such premises or place, or any such vessel, vehicle, or conveyance of any kind (by stopping or opening the thing or place, as the case requires, where necessary); and

      • (b) examine and search (by opening the thing where necessary) any such parcel, package, record, or thing; and

      • (c) for the purposes of exercising any power conferred by paragraph (a), enter or pass across any land.

      (3) A fishery officer may detain any vessel, vehicle, conveyance of any kind, parcel, package, record, document, article, gear, apparatus, device, container, fish, aquatic life, seaweed, or thing for such period as is reasonably necessary to enable the fishery officer to carry out an examination or a search under this section.

      (4) The provisions of Part 4 of the Search and Surveillance Act 2009 (other than subpart 2) apply.

229 Amendments to sections 200 to 207 of Fisheries Act 1996
  • (1) Section 200(1) is amended by omitting a Justice, Community Magistrate, District Court Judge, or Registrar of a District Court and substituting an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009).

    (2) Section 200 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) An application for authorisation must be made by a fishery officer in the manner provided for an application for a search warrant under subpart 2 of Part 4 of the Search and Surveillance Act 2009.

    (3) Section 200(3) is amended by omitting A Justice, Community Magistrate, District Court Judge, or Registrar of a District Court and substituting An issuing officer.

    (4) Section 200 is amended by repealing subsection (4).

    (5) Section 205 is amended by omitting as may be reasonably necessary and substituting as is necessary.

    (6) Section 206(2) is amended by—

    • (a) omitting section 198A of the Summary Proceedings Act 1957 and substituting section 131 of the Search and Surveillance Act 2009; and

    • (b) omitting section 198A of that Act and substituting section 131 of that Act.

    (7) Section 207 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) Subject to section 212, any property seized under subsection (1) must be dealt with in accordance with subpart 5 of Part 4 of the Search and Surveillance Act 2009.

    (8) Section 207(3) is amended by—

    • (a) omitting section 198A of the Summary Proceedings Act 1957 and substituting section 131 of the Search and Surveillance Act 2009; and

    • (b) omitting section 198A of that Act and substituting section 131 of that Act.

    (9) Section 207(4) is repealed.

230 Amendments to sections 208 to 220 of Fisheries Act 1996
  • (1) Sections 208 to 211 are repealed.

    (2) Section 212 is amended by inserting and the thing is liable to be forfeited under this Act if the owner is convicted, after otherwise perish,.

    (3) Section 213(1) is amended by inserting or 199A after 199.

    (4) Section 217 is amended by adding the following subsection as subsection (2):

    • (2) Subsection (1) is subject to the provisions of subpart 3 of Part 4 of the Search and Surveillance Act 2009 (where applied by this Act).

    (5) Section 218 is amended by adding the following subsection as subsection (2):

    • (2) Subsection (1) is subject to the provisions of subpart 3 of Part 4 of the Search and Surveillance Act 2009 (where applied by this Act).

    (6) Section 220 is amended by adding the following subsection:

    • (5) This section is subject to sections 157 to 160 161 of the Search and Surveillance Act 2009 (where applied by this Act).

Amendments to Food Act 1981

231 Amendments to Food Act 1981
  • (1) This section amends the Food Act 1981.

    (2) Section 12 is amended by inserting the following subsection after subsection (2):

    • (2A) Subject to sections 14 and 16, the provisions of Part 4 of the Search and Surveillance Act 2009 (other than sections 108(d), 110(2), 114, 115, 120(2), 126(5)(e), and 127, and subparts 5 and 7) apply in respect of any seizure and detention under subsection (2)(i) or (j).

    (3) Section 13 is amended by inserting the following subsection after subsection (1):

    • (1A) Subject to sections 14 and 16, the provisions of Part 4 of the Search and Surveillance Act 2009 (other than sections 108(d), 110(2), 114, 115, 120(2), 126(5)(e), and 127, and subparts 5 and 7) apply in respect of any seizure or and detention under subsection (1)(d).

    (4) Section 14(4)(a) is amended by omitting employed by the Ministry.

    (5) Section 15A is amended by omitting section 198 of the Summary Proceedings Act 1957 and substituting section 6 of the Search and Surveillance Act 2009.

    (6) Section 15A is amended by adding the following subsections as subsections (2) and (3):

    • (2) For the purposes of section 95 of the Search and Surveillance Act 2009, an officer is a person authorised to apply for a search warrant.

    • (3) An officer may exercise the powers of a constable to apply for a search warrant under section 6 of the Search and Surveillance Act 2009, in relation to the offences referred to in subsection (1).

Amendments to Gambling Act 2003

232 Amendments to Gambling Act 2003
  • (1) This section amends the Gambling Act 2003.

    (2) Section 335 is amended by repealing subsection (3) and substituting the following subsection:

    • (3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (3) Section 335(5) is repealed.

    (4) Section 336 is amended by repealing subsection (3) and substituting the following subsection:

    • (3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (5) Section 336(5) is repealed.

    (6) Section 337 is repealed.

    (7) Section 340 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) An application must be made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009 to an issuing officer (within the meaning of section 3 of that Act).

    (8) Section 340(3) is amended by omitting The Judge, Justice, Magistrate, or Registrar and substituting The issuing officer.

    (9) Section 340 is amended by inserting the following subsection after subsection (3):

    • (3A) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (10) Section 340(4) is amended by omitting sections 341 and and substituting section.

    (11) Sections 341 to 343 and 345 are repealed.

    (12) Section 369(d) is amended by omitting 331, and a search warrant under section 341 and substituting 331.

Amendments to Hazardous Substances and New Organisms Act 1996

233 Amendments to Hazardous Substances and New Organisms Act 1996
  • (1) This section amends the Hazardous Substances and New Organisms Act 1996.

    (2) Section 119(1) is amended by omitting District Court Judge or Justice of the Peace or Community Magistrate or any Registrar who is satisfied, on application in writing made on oath and substituting issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who is satisfied, on an application made in the manner provided in subpart 2 of Part 4 of that Act.

    (3) Section 119 is amended by repealing subsections (2) subsections (3) to (8) and substituting the following subsection:

    • (23) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (4) Section 120 is repealed.

Amendments to Health and Safety in Employment Act 1992

234 Amendments to Health and Safety in Employment Act 1992
  • (1) This section amends the Health and Safety in Employment Act 1992.

    (2) Section 31(3) is amended by omitting A District Court Judge who, on application made on oath, and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on application made in the manner provided for an application for a search warrant in subpart 2 of Part 4 of that Act,.

Amendments to Health Practitioners Competence Assurance Act 2003

235 Amendments to Health Practitioners Competence Assurance Act 2003
  • (1) This section amends the Health Practitioners Competence Assurance Act 2003.

    (2) Section 10(1) is amended by omitting section 198 of the Summary Proceedings Act 1957 and substituting section 6 of the Search and Surveillance Act 2009.

    (3) Section 10 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (4) Section 10(3) is amended by—

    • (a) omitting section 199 of the Summary Proceedings Act 1957 and substituting subpart 5 of Part 4 of the Search and Surveillance Act 2009; and

    • (b) omitting from paragraph (a) section 199 of that Act and substituting subpart 5 of Part 4 of that Act.

Amendments to Human Assisted Reproductive Technology Act 2004

236 Amendments to Human Assisted Reproductive Technology Act 2004
  • (1) This section amends the Human Assisted Reproductive Technology Act 2004.

    (2) Section 68 is amended by repealing subsections (2) to (4) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 (except sections 108(d), 110(2)(d), 114, and 115) apply.

    (3) Section 69(2) is amended by omitting A District Court Judge, a Justice, or a Court Registrar who is not a member of the police, may, on a written application made on oath by an authorised person, issue a search warrant in the form set out in Schedule 2 and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may, on an application made in the manner provided in subpart 2 of Part 4 of that Act, issue a search warrant.

    (4) Section 69 is amended by repealing subsections (3) to (5) and substituting the following subsection:

    • (3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (5) Sections 70 to 72 and Schedule 2 are repealed.

Amendments to Human Tissue Act 2008

237 Amendments to Human Tissue Act 2008
  • (1) This section amends the Human Tissue Act 2008.

    (2) Section 68 is amended by repealing subsections (2) and (3) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 (except sections 108(d), 110(2)(d), 114, and 115) apply with any necessary modifications.

    (3) Section 69(2) is amended by omitting A District Court Judge, a Community Magistrate, a Justice, or a Registrar who is not a member of the police may, on a written application made on oath by an authorised person, issue a search warrant in the prescribed form and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may, on an application made by an authorised person in the manner provided for an application for a search warrant in subpart 2 of Part 4 of that Act, issue a search warrant.

    (4) Section 69 is amended by omitting subsections (3) to (5) and substituting the following subsection:

    • (3) Subject to subsection (6), the provisions of Part 4 of the Search and Surveillance Act 2009 apply with any necessary modifications.

    (5) Sections 70 to 72 and 79 are repealed.

Amendments to Immigration Advisers Licensing Act 2007

238 Amendments to Immigration Advisers Licensing Act 2007
  • Sections 239 and 240 amend the Immigration Advisers Licensing Act 2007.

239 New sections 56 and 57 substituted
  • Sections 56 and 57 are repealed and the following sections substituted:

    56 Purposes of inspection
    • The powers in section 57 may be used for 1 or more of the following purposes:

      • (a) administering the licensing regime:

      • (b) obtaining information in relation to complaints in respect of persons who are or have formerly been licensed to provide immigration advice:

      • (c) obtaining information in respect of persons who have applied to be licensed:

      • (d) investigating offences under this Act.

    57 Interpretation powers
    • (1) Any person authorised by the Registrar may, for a purpose set out in section 56,—

      • (a) at any reasonable time, enter any premises where the person has good cause to suspect that—

        • (i) any licensed immigration adviser or former licensed immigration adviser works or has worked in the past 2 years; or

        • (ii) any person who has applied to be licensed as an immigration adviser works; or

        • (iii) a person provides immigration advice or contracts or employs a person to provide immigration advice:

      • (b) question any licensed immigration adviser, former licensed immigration adviser, or other person at any premises of a kind described in paragraph (a):

      • (c) require a person of a kind described in paragraph (a) to produce for inspection relevant documents in that person's possession or under that person's control:

      • (d) inspect and take copies of documents referred to in paragraph (c):

      • (e) retain documents referred to in paragraph (c), if there are grounds for believing that they are evidence of the commission of an offence.

      (2) If a requirement is made of a person under subsection (1)(c), the person must immediately comply with that requirement.

      (3) If documents are retained under subsection (1)(e), subpart 5 of Part 4 of the Search and Surveillance Act 2009 applies.

240 Other amendments to Immigration Advisers Licensing Act 2007
  • (1) Section 58 is repealed.

    (2) Section 59 is amended by omitting or 58.

    (3) Section 60 is amended by omitting or 58.

    (4) Section 61(1) is amended by omitting A Judge who, on written application made on oath, and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided for an application for a search warrant in subpart 2 of Part 4 of that Act,.

    (5) Section 61 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) The provisions of subpart 2 of Part 4 of the Search and Surveillance Act 2009 apply in respect of an entry warrant.

    (6) Section 62(3)(c) is amended by omitting or 58.

    (7) Section 69(1) is amended by omitting or 58 in each place where it appears.

Amendments to International Crimes and International Criminal Court Act 2000

241 Amendments to International Crimes and International Criminal Court Act 2000
  • (1) This section amends the International Crimes and International Criminal Court Act 2000.

    (2) Section 77(3) is amended by omitting section 37 of the Policing Act 2008 and substituting section 11 of the Search and Surveillance Act 2009.

    (3) Section 102(1) is amended by omitting a District Court Judge, on an application in writing made on oath or affirmation and substituting an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009), on an application made in the manner provided in subpart 2 of Part 4 of that Act.

    (4) Section 102 is amended by repealing subsections (2) to (4) and substituting the following subsection:

    • (2) The provisions of subparts 1 to 4 and 6 to 8 9 of Part 4 and sections 154 and 155 of the Search and Surveillance Act 2009 apply.

    (5) Sections 103 to 106 are repealed.

    (6) The heading to section 107 is amended by omitting Notice of execution and substituting Report to Attorney-General on execution.

    (7) Section 107 is amended by repealing subsection (1).

    (8) Section 107(2) is amended by—

    • (a) omitting the warrant is executed and substituting a warrant issued under section 102 is executed; and

    • (b) omitting subsection (1) and substituting section 127 of the Search and Surveillance Act 2009.

    (9) Section 107(3) is amended by omitting the warrant and substituting a warrant issued under section 102.

    (10) Section 108(4) is amended by omitting The and substituting Subject to section 148 of the Search and Surveillance Act 2009 (which applies with any necessary modifications), the.

    (11) Section 108(5) is amended by inserting , but subject to section 147 of the Search and Surveillance Act 2009 (which applies with any necessary modifications) after subsection (4).

Amendments to International War Crimes Tribunals Act 1995

242 Amendments to International War Crimes Tribunals Act 1995
  • (1) This section amends the International War Crimes Tribunals Act 1995.

    (2) Section 11 is amended by omitting a Judge and substituting an issuing officer.

    (3) Section 29 is amended by omitting a Judge and substituting an issuing officer.

    (4) Section 48(1) is amended by omitting Any Judge who, on an application in writing made on oath and substituting Any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act.

    (5) Section 48(2) is amended by omitting Any Judge who, on application in writing made on oath under section 29 of this Act by a member of the Police authorised under that section and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act by a constable authorised under section 29.

    (6) Section 48 is amended by repealing subsection (3) and substituting the following subsection:

    • (3) The provisions of subparts 1 to 4 and 6 to 8 9 of Part 4 and sections 154 and 155 of the Search and Surveillance Act 2009 apply.

    (7) Sections 49 to 50A and 51 and 52 are repealed.

    (8) Section 53 is amended by omitting the matters set out in paragraphs (a) to (c) of section 52 of this Act and substituting the date and time of execution of the warrant, the identity of the person who executed the warrant, and the thing or things seized under the warrant.

    (9) Section 55(5) is amended by omitting The and substituting Subject to sections 147 and 148 of the Search and Surveillance Act 2009 (which apply with any necessary modifications), the.

    (10) Section 55(6) is amended by omitting If and substituting Subject to sections 147 and 148 of the Search and Surveillance Act 2009 (which apply with any necessary modifications), if.

Amendments to Land Transport Act 1998

243 Amendments to Land Transport Act 1998
  • (1) This section amends the Land Transport Act 1998.

    (2) Section 119 is amended by repealing subsection (3) and substituting the following subsection:

    • (3) An enforcement officer may, without warrant, enter, by force if necessary, a building or place where a vehicle to which section 96, 96A, or 123 applies is being stored or kept, and seize and impound the vehicle,—

      • (a) if—

        • (i) an enforcement officer has been freshly pursuing the vehicle; or

        • (ii) it is likely that a person was about to remove, conceal, destroy, or dispose of the vehicle; or

        • (iii) an enforcement officer believes on reasonable grounds that the vehicle was about to be used in the commission of a crime; and

      • (b) if, because of the time of the day or the locality, it was impracticable to obtain a warrant without creating an opportunity for the person to do anything referred to in paragraph (a)(ii) or (iii).

    (3) Section 119(5) is amended by omitting apply on oath to a District Court Judge and substituting apply, in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009, to an issuing officer (within the meaning of section 3 of that Act),.

    (4) Section 119 is amended by repealing subsection (6) and substituting the following subsection:

    • (6) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

Amendments to Local Government Act 2002

244 Amendments to Local Government Act 2002
  • Sections 245 and 246 amend the Local Government Act 2002.

245 Seizure of property from private land
  • (1) Section 165(1) is amended by omitting A judicial officer and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009).

    (2) Section 165(2)(a) is amended by omitting in writing and on oath and substituting in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009.

    (3) Section 165(2)(b) is amended by omitting judicial officer and substituting issuing officer.

    (4) Section 165 is amended by repealing subsections (3) and (4) and substituting the following subsections:

    • (3) None of the following persons may act as an issuing officer under this section:

      • (a) the mayor or any elected member of the local authority:

      • (b) any employee of the local authority.

    • (4) The provisions of Part 4 of the Search and Surveillance Act 2009 apply as if a warrant issued under subsection (1) were a search warrant.

246 Other amendments to Local Government Act 2002
  • (1) Section 166 is amended by repealing subsections (1) and (2) and substituting the following subsections:

    • (1) An enforcement officer executing a warrant issued under section 165(1) must be accompanied by a constable.

    • (2) Subsection (1) overrides section 165(3) 165(4).

    (2) Section 167(1) is amended by omitting or section 165.

    (3) Section 168(1) is amended by inserting seized and impounded under section 165 164 after dispose of property.

    (4) Section 171(2) is Section 171(2) and (3) are repealed.

    (5) Section 172(3)(a) is amended by omitting a District Court Judge on written application on oath and substituting an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) on application made in the manner provided for an application for a search warrant in subpart 2 of Part 4 of that Act.

    (6) Section 172 is amended by repealing subsection (4) and substituting the following subsection:

    • (4) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of any power of entry under this section, subject to subsection (3)(b).

    (7) Section 173 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

Amendments to Major Events Management Act 2007

247 Amendments to Major Events Management Act 2007
  • (1) This section amends the Major Events Management Act 2007.

    (2) Section 67(1) is amended by omitting High Court Judge, District Court Judge, Community Magistrate, Justice of the Peace, or Registrar of a District Court may issue a search warrant for any place, vehicle, or thing if satisfied, on application in writing made on oath and substituting issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a search warrant for any place, vehicle, or thing if satisfied, on application made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009.

    (3) Section 67 is amended by inserting the following subsection after subsection (1):

    • (1A) Despite subsection (1), in addition to satisfying any applicable requirement in subpart 2 of Part 4 of the Search and Surveillance Act 2009,—

      • (a) an application under subsection (1) must include details of any thing that is to be searched for and covered; and

      • (b) a search warrant issued under subsection (1) must state whether it authorises any thing to be covered and, if so, contain, in reasonable detail, a description of the thing to be covered; and

      • (c) a person who executes a warrant and covers any thing must leave in a prominent position or at the place searched or give to the owner or occupier a written notice stating a list of the particulars of the covered thing, and that it may be uncovered in accordance with sections 77 and 78.

    (4) Section 67 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) Subject to section 68, the provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (5) Section 68 is amended by repealing subsection (1) and substituting the following subsections:

    • (1) Without limiting the powers conferred by any warrant issued under section 67(1), and subject to any conditions specified by the issuing officer, every warrant issued under that section authorises a person authorised to execute it to search for and cover any thing that the warrant authorises to be covered.

    • (1A) In applying the provisions of Part 4 of the Search and Surveillance Act 2009, any requirement in that Part to provide details or other information in relation to a thing that is seized, is to be taken to include the same requirement in relation to a thing that is covered.

    (6) Section 68(2) is amended by omitting in subsection (1) and substituting conferred by a warrant.

    (7) Section 68(3) and (4) are repealed.

    (8) Sections 69 to 76 are repealed.

Amendments to Marine Mammals Protection Act 1978

248 Amendments to Marine Mammals Protection Act 1978
  • Sections 249 and 250 amend the Marine Mammals Protection Act 1978.

249 Powers of search
  • (1) Section 13 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (2) Section 13(5) is repealed.

249 Powers of search
  • (1) Section 13 is amended by repealing subsection (2).

    (2) Section 13 is amended by inserting the following subsection after subsection (5):

    • (5A) The provisions of the Search and Surveillance Act 2009 apply.

250 New section 14 substituted
  • Section 14 is repealed and the following section substituted:

    14 Officer may obtain warrant
    • (1) An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may, on application by an officer made in the manner provided in subpart 2 of Part 4 of that Act, issue a search warrant, to an officer named in the warrant, authorising the entry and search of any dwellinghouse, place, vehicle, aircraft, or hovercraft if the issuing officer is satisfied that there are reasonable grounds to suspect that—

      • (a) any breach of this Act or any regulation made under it has been, is being, or will be committed; or

      • (b) preparation has been made to commit a breach of this kind.

      (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

Amendments to Marine Reserves Act 1971

251 Amendments to Marine Reserves Act 1971
  • (1) This section amends the Marine Reserves Act 1971.

    (2) Section 18 is amended by adding the following subsection:

    • (3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of any entry and search conducted under subsection (1)(d).

    (3) Section 18A is amended by repealing subsection (3) and substituting the following subsection:

    • (3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (4) Sections 18B to 18F are repealed.

Amendments to Maritime Security Act 2004

252 Amendments to Maritime Security Act 2004
  • (1) This section amends the Maritime Security Act 2004.

    (2) Section 51(4) is amended by omitting A judicial officer who, on written application made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act.

    (3) Section 51 is amended by inserting the following subsection after subsection (6):

    • (6A) Subject to subsections (5) and (6), the provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of a warrant issued under subsection (4).

    (4) Section 51 is amended by repealing subsection (12).

    (5) Section 55(1) is amended by omitting paragraph (b) and substituting the following paragraph:

    • (b) the constable has reasonable grounds to suspect that—

      • (i) an offence against this Act has been, is being, or will be committed, whether by that person or any other person; and

      • (ii) a search of the person refusing to consent will disclose evidential material relating to that offence.

Amendments to Maritime Transport Act 1994

253 Amendments to Maritime Transport Act 1994
  • Sections 254 and 255 amend the Maritime Transport Act 1994.

254 Amendments to Part 30 of Maritime Transport Act 1994
  • (1) Section 453(2) is amended by—

    • (a) repealing paragraphs (a) and (b); and

    • (b) omitting paragraphs (a) to (c) and substituting paragraph (c).

    (2) Section 453(5) is amended by omitting or subsection (2).

    (3) Sections 456 and 457(1) are repealed.

255 New sections 454 and 455 substituted
  • Sections 454 and 455 are repealed and the following sections substituted:

    454 Warrant to inspect dwellinghouse, marae, etc
    • (1) An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made by an authorised person in the manner provided for an application for a search warrant in subpart 2 of Part 4 of that Act, is satisfied that the entry is essential to enable the inspection of a place referred to in section 453(3) to be carried out, may issue a warrant to the authorised person authorising that authorises that person to enter the place.

      (2) Part 4 of the Search and Surveillance Act 2009 applies.

      (3) In this section and section 455, authorised person means a person authorised by the Director.

    455 Entry in respect of offences
    • (1) Subject to subsection (2), an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a warrant to enter and search a place if, on an application made by an authorised person in the manner provided in subpart 2 of Part 4 of that Act, the issuing officer is satisfied that there are reasonable grounds for believing that there is on or in the place (being a place specified in the application) any thing—

      • (a) in respect of which an offence against this Act has been or may have been committed; or

      • (b) that is or may be evidence of the commission of an offence against this Act; or

      • (c) that is intended to be used for the commission of an offence against this Act.

      (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

Amendments to Meat Board Act 2004

256 Amendments to Meat Board Act 2004
  • Sections 257 and 258 amend the Meat Board Act 2004.

257 Amendments to Part 3 of Meat Board Act 2004
  • (1) Section 42(5) is amended by—

    • (a) omitting A District Court Judge or a Court Registrar (not being a member of the police), who on an application in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided for an application for a search warrant in subpart 2 of Part 4 of that Act,; and

    • (b) omitting in form 1 in Schedule 3.

    (2) Section 42 is amended by repealing subsections (7) and (8) and substituting the following subsections:

    • (7) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    • (8) Despite subsection (7), sections 108(d), 110(2)(d), 114, and 115 of the Search and Surveillance Act 2009 apply only in respect of a warrant issued to a named constable or to every constable.

258 Amendments to Part 4 of Meat Board Act 2004
  • (1) Section 62(1) is amended by—

    • (a) omitting A District Court Judge or a Court Registrar (not being a member of the Police) who, on an application in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on application made in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009; and

    • (b) omitting in form 2 of Schedule 3.

    (2) Section 62(2) is amended by—

    • (a) omitting A District Court Judge or a Court Registrar (not being a member of the Police) who, on an application in writing made an oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on application made in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009; and

    • (b) omitting in form 3 of in Schedule 3.

    (3) Section 62 is amended by repealing subsection (3) and substituting the following subsections:

    • (3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    • (3A) Despite subsection (3), sections 108(d), 110(2)(d), 114, and 115 of the Search and Surveillance Act 2009 apply only in respect of a warrant issued to a named constable or to every constable.

    (4) Schedule 3 is repealed.

Amendments to Motor Vehicle Sales Act 2003

259 Amendments to Motor Vehicle Sales Act 2003
  • (1) This section amends the Motor Vehicle Sales Act 2003.

    (2) Section 130(1) is amended by omitting District Court Judge, Community Magistrate, Justice of the Peace, or Registrar of a District Court may issue a search warrant for any place if satisfied, on application in writing made on oath, and substituting issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a search warrant for any place if satisfied, on application made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009,.

    (3) Section 130 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (4) Sections 131 to 140 are repealed.

Amendments to National Parks Act 1980

260 Amendments to National Parks Act 1980
  • (1) This section amends the National Parks Act 1980.

    (2) Section 61(2) is repealed.

    (3) Section 61(3) is amended by—

    • (a) omitting If and substituting If, in any case to which paragraph (a) or (b) applies,; and

    • (ab) omitting if in proceedings and substituting in proceedings; and

    • (b) omitting then, and substituting then, despite subpart 5 of Part 4 of the Search and Surveillance Act 2009,; and

    • (c) repealing paragraph (c).

    (4) Section 61(6) is amended by omitting , and shall be retained by the Director-General and dealt with under subsection (7) or subsection (8) of this section.

    (5) Section 61 is amended by repealing subsections (7) and (8) and substituting the following subsection:

    • (7) Subject to subsection (3), the provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (6) Section 65 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (7) Section 66 is amended by repealing subsections (2) and (3) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

Amendments to Overseas Investment Act 2005

261 Amendments to Overseas Investment Act 2005
  • (1) This section amends the Overseas Investment Act 2005.

    (2) Section 56(2) is amended by omitting writing and on oath to the Court and substituting the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009 to an issuing officer (within the meaning of section 3 of that Act).

    (3) Section 56(3) is amended by omitting Court and substituting issuing officer.

    (4) Section 56(4) is amended by omitting Court and substituting issuing officer.

    (5) Section 56 is amended by adding the following subsection:

    • (5) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (6) Sections 57 to 60 are repealed.

Amendments to Ozone Layer Protection Act 1996

262 Amendments to Ozone Layer Protection Act 1996
  • Sections 263 to 265 amend the Ozone Layer Protection Act 1996.

263 Search warrants
  • (1) Section 23(1) is amended by omitting District Court Judge or Justice or Community Magistrate or any Registrar (not being a constable) who is satisfied, on application in writing made on oath and substituting issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who is satisfied, on an application made in the manner provided in subpart 2 of Part 4 of that Act.

    (2) Section 23 is amended by repealing subsections (2) subsections (3) to (8) and substituting the following subsection:

    • (23) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

264 New section 25 substituted
  • Section 25 is repealed and the following section substituted:

    25 Retention of property seized
    • If any constable or officer seizes any substance or goods under this Act, subpart 5 of Part 4 of the Search and Surveillance Act 2009 applies to that substance or those goods.

265 Return or forfeiture of property seized
  • (1) The heading to section 26 is amended by omitting Return or forfeiture and substituting Forfeiture.

    (2) Section 26(1) and (2) are repealed.

Amendment to Petroleum Demand Restraint Act 1981

266 Amendment to Petroleum Demand Restraint Act 1981
  • (1) This section amends the Petroleum Demand Restraint Act 1981.

    (2) Section 17(4) is amended by omitting sections 198 and 199 of the Summary Proceedings Act 1957 and substituting section 6 and subpart 5 of Part 4 of the Search and Surveillance Act 2009.

Amendments to Pork Industry Board Act 1997

267 Amendments to Pork Industry Board Act 1997
  • (1) This section amends the Pork Industry Board Act 1997.

    (2) Section 44 is amended by inserting the following subsection after subsection (2):

    • (2A) The provisions of Part 4 of the Search and Surveillance Act 2009 (except sections 108(d), 110(2)(d), 114, and 115) apply.

    (3) Section 45(1) is amended by omitting A District Court Judge or a Court Registrar (not being a member of the Police) and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009).

    (4) Section 45(2) is amended by omitting A District Court Judge or a Court Registrar (not being a member of the Police) and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009).

    (5) Section 45 is amended by repealing subsection (3) and substituting the following subsection:

    • (3) The provisions of Part 4 of the Search and Surveillance Act 2009 (except sections 108(d), 110(2)(d), 114, and 115) apply.

    (6) Sections 46 and 47 and Schedule 3 are repealed.

Amendments to Prostitution Reform Act 2003

268 Amendments to Prostitution Reform Act 2003
  • (1) This section amends the Prostitution Reform Act 2003.

    (2) Section 30(1) is amended by omitting A District Court Judge, Justice, Community Magistrate, or Registrar of a District Court (who is not a member of the police) and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009).

    (3) Section 30 is amended by repealing subsections (2) and (3) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply as if a warrant referred to in subsection (1) were a search warrant.

    (4) Sections 31 to 33 are repealed.

Amendments to Radiation Protection Act 1965

269 Amendments to Radiation Protection Act 1965
  • (1) This section amends the Radiation Protection Act 1965.

    (2) Section 24(2) is amended by omitting—

    • (a) If a Justice of the Peace or Community Magistrate is satisfied on oath and substituting If an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) is satisfied on an application made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009; and

    • (b) omitting Justice or Community Magistrate and substituting issuing officer.

    (3) Section 24 is amended by repealing subsection (3) and substituting the following subsection:

    • (3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

Amendments to Radiocommunications Act 1989

270 Amendments to Radiocommunications Act 1989
  • (1) This section amends the Radiocommunications Act 1989.

    (2) Section 120(3) is amended by—

    • (a) omitting District Court Judge, Justice, or Community Magistrate, or any Court Registrar (not being a constable), is satisfied, on application in writing made on oath and substituting issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) is satisfied, on application made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009; and

    • (b) omitting that District Court Judge, Justice, Community Magistrate, or Court Registrar and substituting that issuing officer.

    (3) Section 120 is amended by adding the following subsection:

    • (4) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (4) Sections 121 to 127 are repealed.

Amendments to Reserve Bank of New Zealand Act 1989

271 Amendments to Reserve Bank of New Zealand Act 1989
  • Sections 272 and 273 amend the Reserve Bank of New Zealand Act 1989.

272 Amendments to Part 4 Parts 4 and 5 of Reserve Bank of New Zealand Act 1989
  • (1) Section 66I is amended by omitting A Judge of the High Court may issue a warrant to a person appointed under section 66E(2) if the Judge is satisfied, on application in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a warrant to a person appointed under section 66E(2) if the issuing officer is satisfied, on application made in the manner provided in subpart 2 of Part 4 of that Act.

    (2) Section 66I is amended by adding the following subsection as subsection (2):

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (3) Section 66J is repealed.

    (4) Section 106(1) is amended by omitting A Judge of the High Court who is satisfied, on application in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who is satisfied, on application made in the manner provided in subpart 2 of Part 4 of that Act.

    (5) Section 106(2) is amended by omitting A Judge of the High Court who is satisfied, on application in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who is satisfied, on application made in the manner provided in subpart 2 of Part 4 of that Act.

    (4) Section 106(1) is amended by—

    • (a) omitting A Judge of the High Court who is satisfied, on application in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who is satisfied, on application made in the manner provided in subpart 2 of Part 4 of that Act; and

    • (b) omitting , in terms of section 107 of this Act,.

    (5) Section 106(2) is amended by—

    • (a) omitting A Judge of the High Court who is satisfied, on application in writing made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who is satisfied, on application made in the manner provided in subpart 2 of Part 4 of that Act; and

    • (b) omitting , in terms of section 107 of this Act,.

    (6) Section 106 is amended by repealing subsection (3) and substituting the following subsection:

    • (3) Part 4 of the Search and Surveillance Act 2009 applies.

    (7) Section 107 is repealed.

273 Further amendments to Part 5D of Reserve Bank of New Zealand Act 1989
  • (1) Section 157ZM(1) is amended by omitting A Judge of the High Court or a District Court Judge may issue a search warrant in terms of clause 5 of Schedule 4 to a person appointed under section 157ZJ(2)(b) if the Judge and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a search warrant to a person appointed under section 157ZJ(2)(b) if the issuing officer.

    (2) Section 157ZM is amended by repealing subsection (2) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (3) Section 157ZN(1)(b) is amended by omitting ; and.

    (4) Section 157ZN(1)(c) is repealed.

    (5) Section 157ZN(3)(b) is repealed.

    (6) Section 157ZN(3)(c) is amended by omitting or a search warrant issued under section 157ZM.

    (7) Schedule 4 is repealed.

Amendments to Reserves Act 1977

274 Amendments to Reserves Act 1977
  • (1) This section amends the Reserves Act 1977.

    (2) Section 93 is amended by repealing subsection (5) and substituting the following subsection:

    • (5) In this section, officer means—

      • (a) any ranger or constable; and

      • (b) any officer or employee of an administering body who is authorised by that body to exercise the powers of an officer under this Part.

    (3) Section 95(1) is amended by omitting , and shall be retained by the administering body, or by the Commissioner if there is no administering body, pending the trial of that person for the offence in respect of which it was seized.

    (4) Section 95(2) is amended by—

    • (a) omitting then and substituting then, despite subpart 5 of Part 4 of the Search and Surveillance Act 2009,; and

    • (b) repealing paragraph (c).

    (5) Section 95 is amended by repealing subsection (6) and substituting the following subsections:

    • (6) Any firearm, trap, net, or other like object found illegally in the possession of any person in any reserve, and any tool or instrument or other equipment found in the possession of any person in any reserve and used in committing an offence in the reserve may be seized by any officer (within the meaning of section 93(5)).

    • (6A) Subject to subsection (2), the provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of the seizure of any thing under this section.

    (6) Section 100 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of any entry, search, or seizure conducted under this section.

Amendments to Resource Management Act 1991

275 Amendments to Resource Management Act 1991
  • (1) This section amends the Resource Management Act 1991.

    (1A) Section 332(3) is amended by omitting and written authorisation.

    (1B) Section 333(3) is amended by omitting and written authorisation.

    (2) Section 334(1) is amended by—

    • (a) omitting Any District Court Judge or any duly authorised Justice or any Community Magistrate or Registrar who, on an application in writing made on oath, and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act,; and

    • (b) omitting on one occasion within 14 days of the date of issue of the warrant and at any time which is reasonable in the circumstances.

    (3) Section 334 is amended by repealing subsections (2) and (3) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (4) Sections 335 and 337 are repealed.

    (4) The heading to section 335 is amended by omitting Content and effect and substituting Direction and execution.

    (5) Section 335 is amended by repealing subsection (1)(a) and (c), and subsections (2) to (5).

    (6) Sections 336 and 337 and the heading above section 336 are repealed.

Amendments to Sale of Liquor Act 1989

276 Amendments to Sale of Liquor Act 1989
  • (1) This section amends the Sale of Liquor Act 1989.

    (2) Section 177(1) is amended by—

    • (a) omitting any District Court Judge, Justice, or Community Magistrate, or any Registrar (not being a constable), is satisfied, on application in writing made on oath and substituting an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) is satisfied, on an application made by a constable in the manner provided in subpart 2 of Part 4 of that Act; and

    • (b) omitting Judge, Justice, Community Magistrate, or Registrar and substituting issuing officer.

    (3) Section 177 is amended by repealing subsections (2) to (9) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

Amendment to Social Security Act 1964

277 Amendment to Social Security Act 1964
  • Section 278 amends the Social Security Act 1964.

278 New section 128A inserted
  • The following section is inserted after section 128:

    128A Chief executive may apply for search warrant
    • (1) For the purposes of section 95 of the Search and Surveillance Act 2009, the chief executive is a person authorised to apply for a search warrant.

      (2) The chief executive may exercise the powers of a constable to apply for a search warrant under section 6 of the Search and Surveillance Act 2009, in relation to—

      • (a) an offence against this Act; or

      • (b) an offence described in Part 10 of the Crimes Act 1961.

Amendments to Tax Administration Act 1994

279 Amendments to Tax Administration Act 1994
  • (1) This section amends the Tax Administration Act 1994.

    (2) Section 16(4) is amended by omitting A judicial officer who, on written application made on oath and substituting An issuing officer who, on application made in the manner provided for an application for a search warrant in subpart 2 of Part 4.

    (3) Section 16(5)(c) is amended by omitting judicial officer and substituting issuing officer.

    (4) Section 16(7) is amended by omitting the definition of judicial officer and substituting the following definition:

    issuing officer has the same meaning as in section 3 of the Search and Surveillance Act 2009.

    (5) Section 16C(2) is amended by—

    • (a) omitting A judicial officer and substituting An issuing officer; and

    • (b) by omitting on written application made on oath, the judicial officer and substituting on application made in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009, the issuing officer.

    (6) Section 16C is amended by repealing subsection (8) and substituting the following subsection:

    • (8) In this section, issuing officer has the same meaning as in section 3 of the Search and Surveillance Act 2009.

Amendments to Trade in Endangered Species Act 1989

280 Amendments to Trade in Endangered Species Act 1989
  • (1) This section amends the Trade in Endangered Species Act 1989.

    (2) Section 37(3), (4), and (6) are repealed.

    (3) Section 37 is amended by adding the following subsection:

    • (8) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (4) Section 38(2) is amended by—

    • (a) omitting District Court Judge or Justice of the Peace or Community Magistrate or Registrar of any Court (not being a member of the Police), who, on application by an officer in writing made on oath and substituting issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on application made in the manner provided in subpart 2 of Part 4 of that Act; and

    • (b) omitting ; and the provisions of subsections (3) to (8) of section 198 of the Summary Proceedings Act 1957 shall apply accordingly.

    (5) Section 38 is amended by adding the following subsection:

    • (4) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (6) Section 38A is amended by omitting 149C(1) and (2), 149D,, and substituting 149C(1) to (3).

Amendments to Unsolicited Electronic Messages Act 2007

281 Amendments to Unsolicited Electronic Messages Act 2007
  • (1) This section amends the Unsolicited Electronic Messages Act 2007.

    (2) Section 51(1) is amended by adding inserting in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009 after may apply.

    (3) Section 51(2) is repealed.

    (4) Section 51(3) is amended by omitting in writing and on oath to the District Court and substituting to an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009).

    (5) Section 51(4) is amended by omitting District Court and substituting issuing officer.

    (5A) Section 51(5) is amended by omitting District Court and substituting issuing officer.

    (6) Section 51 is amended by repealing subsection (5) and substituting the following subsection adding the following subsection:

    • (56) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (7) Sections 52 to 56 and 58(j) are repealed.

Amendments to Wild Animal Control Act 1977

282 Amendments to Wild Animal Control Act 1977
  • (1) This section amends the Wild Animal Control Act 1977.

    (2) Section 12(10) is amended by—

    • (a) omitting , on production of his or her warrant of appointment if so required,; and

    • (b) omitting from the proviso under the hand of a District Court Judge and substituting in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009 by an issuing officer (within the meaning of section 3 of that Act).

    (3) Section 12(11) is amended by—

    • (a) omitting District Court Judge or Justice of the Peace or Community Magistrate who is satisfied on oath that there is probable cause to suspect and substituting issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who is satisfied that there are reasonable grounds to believe; and

    • (b) omitting at such time or times of the day as are mentioned in the warrant, but no such warrant shall continue in force for more than 14 days from the date thereof.

    (4) Section 12 is amended by adding the following subsection:

    • (13) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (5) Section 13(1) is amended by omitting , on production of his warrant of appointment if so required,.

    (6) Section 13(6) is amended by—

    • (a) omitting , on production of his warrant of appointment if so required,; and

    • (b) omitting from the proviso under the hand of a District Court Judge or Justice of the Peace or Community Magistrate and substituting issued by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009).

    (7) Section 13(7) is amended by—

    • (a) omitting District Court Judge or Justice of the Peace or Community Magistrate who is satisfied on oath that there is probable cause to suspect and substituting issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who is satisfied that there are reasonable grounds to believe; and

    • (b) omitting at such time or times of the day as are mentioned in the warrant, but no such warrant shall continue in force for more than 14 days from the date thereof.

    (8) Section 13 is amended by adding the following subsection:

    • (10) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (9) The proviso to section 14(2) is amended by omitting under the hand of a District Court Judge or Justice of the Peace or Community Magistrate and substituting issued by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009).

Amendments to Wildlife Act 1953

283 Amendments to Wildlife Act 1953
  • (1) This section amends the Wildlife Act 1953.

    (2) The proviso to section 39(1)(f)(iii) is amended by—

    • (a) omitting Justice or Community Magistrate who is satisfied on oath that there is probable cause to suspect and substituting issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who is satisfied on reasonable grounds; and

    • (b) omitting at such time or times in the day or night as are mentioned in the warrant, but no such warrant shall continue in force for more than 14 days from the date thereof.

    (3) Section 39 is amended by adding the following subsection:

    • (3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (4) Section 56A is amended by omitting 149C(1) and (2), 149D,, and substituting 149C(1) to (3).

Amendments to Wine Act 2003

284 Amendments to Wine Act 2003
  • (1) This section amends the Wine Act 2003.

    (2) Section 62(1) is amended by omitting at any reasonable time.

    (3) Section 62(2) is amended by omitting , at any time that is reasonable in the circumstances.

    (4) Section 62 is amended by repealing subsections (3) and (4) and substituting the following subsection:

    • (3) The provisions of subpart 3 of Part 4 of the Search and Surveillance Act 2009 apply in respect of the exercise of any powers under this section.

    (5) Section 63 is amended by repealing subsection (2) and substituting the following subsection:

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 (other than sections 108(d), 110(2)(d), 114, and 115) apply in respect of the exercise of powers under subsection (1)(a) and (b).

    (6) Section 63(3) is amended by omitting this section and substituting any of paragraphs (c) to (f) of subsection (1).

    (7) Section 65(1) is amended by—

    • (a) omitting Any District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue a search warrant, in the form set out in Schedule 1 and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a search warrant; and

    • (b) omitting on application in writing made on oath and substituting on an application by a constable or a wine officer made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009.

    (8) Section 65 is amended by repealing subsections (2) and (3) and substituting the following subsection:

    • (2) Subject to section 66, the provisions of Part 4 of the Search and Surveillance Act 2009 apply.

    (9) Section 66 is amended by repealing subsection (1) and substituting the following subsection:

    • (1) Without limiting the powers conferred by any search warrant issued under section 65(1), every warrant issued under that section authorises the constable or wine officer who is executing it, and any person called on by that constable or officer to assist, to exercise—

      • (a) all the powers of a wine officer under sections 63 and 64; or

      • (b) only such of those powers as are specified in the warrant.

    (10) Section 66 is amended by repealing subsections (2) and (4).

    (11) Section 67 is amended by repealing subsections (1) to (3).

    (12) Section 68 is amended by—

    • (a) omitting Section 199 of the Summary Proceedings Act 1957 and substituting Subpart 5 of Part 4 of the Search and Surveillance Act 2009; and

    • (b) repealing paragraphs (a) to (c); and

    • (c) omitting from paragraph (d) forfeited to the Crown or.

    (13) Schedule 1 is repealed.

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

285 Amendments to Anti-Personnel Mines Prohibition Act 1998
  • (1) This section amends the Anti-Personnel Mines Prohibition Act 1998.

    (2) Section 22(1) is amended by omitting A District Court Judge, Justice, Community Magistrate, or Registrar (not being a member of the police), who, on an application, and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009,.

    (3) Section 22(2) is amended by repealing paragraph (b).

    (4) Section 22 is amended by repealing subsection (4) and substituting the following subsection:

    • (4) The provisions of subparts 2 and 3 of Part 4 of the Search and Surveillance Act 2009 apply.

Amendments to Chemical Weapons (Prohibition) Act 1996

286 Amendments to Chemical Weapons (Prohibition) Act 1996
  • (1) This section amends the Chemical Weapons (Prohibition) Act 1996.

    (2) Section 23(2) is amended by—

    • (a) omitting a District Court Judge, duly authorised Justice, a Community Magistrate, or a Registrar (not being a member of the Police) and substituting an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009); and

    • (b) omitting , unconditionally or subject to conditions, a warrant authorising the entry of the place, at any time within 14 days of the issue of the warrant (or within such further time as may be specified in the warrant) and substituting a warrant authorising the entry of the place.

    (3) Section 23 is amended by adding the following subsection:

    • (4) Subject to subsection (3), the provisions of subparts 2 and 3 of Part 4 of the Search and Surveillance Act 2009 apply.

    (4) Sections 24 and 25 are repealed.

Amendments to Commerce Act 1986

287 Amendments to Commerce Act 1986
  • (1) This section amends the Commerce Act 1986.

    (2) Section 98A(2) is amended by omitting A District Court Judge, Justice, or Community Magistrate, or a Court Registrar (not being a constable) who is satisfied on application made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who is satisfied, on an application made in the manner provided in subpart 2 of Part 4 of that Act.

    (3) Section 98A is amended by repealing subsection (3) and substituting the following subsection:

    • (3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply, with any necessary modifications.

    (4) Section 98A(4) is amended by adding of this Act.

    (5) Sections 98B to 98F are repealed.

    (6) Section 98G is amended by omitting to 98F and substituting and 98A.

Amendment to Credit Contracts and Consumer Finance Act 2003

288 Amendment to Credit Contracts and Consumer Finance Act 2003
  • (1) This section amends the Credit Contracts and Consumer Finance Act 2003.

    (2) Section 113(d) is amended by omitting 98A to 98G and substituting 98A and 98G.

Amendments to Electricity Act 1992

289 Amendments to Electricity Act 1992
  • (1) This section amends the Electricity Act 1992.

    (2) Section 159(1) is amended by repealing paragraph (e) and substituting the following paragraph:

    • (e) entry into a dwellinghouse must be authorised by a warrant issued by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) on an application made in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009.

    (3) Section 172KD(6) is amended by omitting by written application made on oath and substituting by application made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009.

    (4) Section 172KD(7) is amended by omitting A District Court Judge, Justice, or Community Magistrate, or a Court Registrar (not being a constable) and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009).

Amendments to Fair Trading Act 1986

290 Amendments to Fair Trading Act 1986
  • (1) This section amends the Fair Trading Act 1986.

    (2) Section 47(2) is amended by—

    • (a) omitting A District Court Judge, Justice, Community Magistrate, or Court Registrar (not being a constable) and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009; and

    • (b) omitting on oath and substituting in the manner provided for an application for a search warrant in subpart 2 of Part 4 of that Act.

    (3) Section 47 is amended by omitting repealing subsection (3) and substituting the following subsection:

    • (3) Part 4 of the Search and Surveillance Act 2009 (except sections 108(d), 110(2)(d), 114, and 115) applies.

    (4) Sections 47A to 47E are repealed.

Amendments to Forests Act 1949

291 Amendments to Forests Act 1949
  • (1) This section amends the Forests Act 1949.

    (2) Section 67D(1)(e) is amended by omitting under section 67S and substituting in accordance with the provisions of Part 4 of the Search and Surveillance Act 2009.

    (3) Section 67R is amended by adding the following subsection as subsection (2):

    • (2) The provisions of Part 4 of the Search and Surveillance Act 2009 (except sections 108(d), 110(2)(d), 114, and 115) apply.

    (4) Section 67S is repealed.

    (5) Section 71B(1) is amended by omitting subject to the following conditions and substituting subject to Part 4 of the Search and Surveillance Act 2009 and to the following conditions.

    (6) Section 71B(1)(b) to (d) and (f) are repealed.

    (7) Section 71B(1)(e) is amended by omitting on oath by an authorised person to a District Court Judge, Justice of the Peace, Community Magistrate, or Registrar or Deputy Registrar of any Court and substituting in the manner provided for an application for a search warrant in Part 4 of the Search and Surveillance Act 2009 by an authorised person to an issuing officer.

    (8) Section 71B(2) is amended by inserting and the conditions set out in Part 4 of the Search and Surveillance Act 2009 relating to time of entry, notification of intention to enter, and evidence of identification or authorisation to enter, after that subsection,.

Amendments to Gas Act 1992

292 Amendments to Gas Act 1992
  • (1) This section amends the Gas Act 1992.

    (2) Section 43W(6) is amended by omitting by written application on oath and substituting by application made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009.

    (3) Section 43W(7) is amended by omitting A District Court Judge, Justice, or Community Magistrate, or a Court Registrar (not being a constable) and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009).

    (4) Section 50(1) is amended by repealing paragraph (e) and substituting the following paragraph:

    • (e) entry into a dwellinghouse must be authorised by a warrant issued by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) on an application made in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009.

Amendment to International Energy Agreement Act 1976

293 Amendment to International Energy Agreement Act 1976
  • (1) This section amends the International Energy Agreement Act 1976.

    (2) Section 9(3) is amended by omitting sections 198 and 199 of the Summary Proceedings Act 1957 and substituting section 6 of the Search and Surveillance Act 2009 and subpart 5 of Part 4 of that Act.

    (3) Section 11 is amended by omitting Sections 198 and 199 of the Summary Proceedings Act 1957 and substituting Section 6 of the Search and Surveillance Act 2009 and subpart 5 of Part 4 of that Act.

Amendments to Weights and Measures Act 1987

294 Amendments to Weights and Measures Act 1987
  • (1) This section amends the Weights and Measures Act 1987.

    (2) Section 28(3) is amended—

    • (a) by omitting Any District Court Judge, Justice, or Community Magistrate, or any Registrar (not being a constable), who, on an application in writing made on oath, and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009,; and

    • (b) by omitting in the prescribed form.

Subpart 3Other repeals and amendments

Amendments to Arms Act 1983

295 Arms Act 1983 amended
  • (1) This section amends the Arms Act 1983.

    (2) The heading above section 60 and sections 60 to 61 are repealed.

Amendments to Corrections Act 2004

296 Corrections Act 2004 amended
  • (1) This section amends the Corrections Act 2004.

    (2) Section 23(1) is amended by omitting 314A to 314D of the Crimes Act 1961 and substituting 117, 123, 124, and 169 of the Search and Surveillance Act 2009.

    (3) Section 23(3) is amended by repealing paragraph (a) and substituting the following paragraph:

    • (a) section 18 of the Misuse of Drugs Act 1975 (which confers powers of search and seizure):.

    (4) Section 23(3) is amended by repealing paragraph (d) and substituting the following paragraphs:

    • (d) section 22 of the Search and Surveillance Act 2009 (which confers powers in relation to internal searches):

    • (e) sections 44 and 45 of the Search and Surveillance Act 2009 (which confer powers in relation to surveillance devices).

    (5) Section 103(2) is amended by—

    • (a) omitting or section 18A; and

    • (b) adding or section 22 of the Search and Surveillance Act 2009.

Amendments to Crimes Act 1961

297 Crimes Act 1961 amended
  • (1) This section amends the Crimes Act 1961.

    (2) Section 1(3) is amended by omitting Part 11A—Obtaining evidence by listening to devices. (sections 312A to 312Q).

    (3) Section 2(1) is amended by inserting the following definition in its appropriate alphabetical order:

    serious violent offence means any offence—

    • (a) that is punishable by a period of imprisonment for a term of 7 years or more; and

    • (b) where the conduct constituting the offence involves—

      • (i) loss of a person's life or serious risk of loss of a person's life; or

      • (ii) serious injury to a person or serious risk of serious injury to a person; or

      • (iii) serious damage to property in circumstances endangering the physical safety of any person; or

      • (iv) perverting the course of justice, where the purpose of the conduct is to prevent, seriously hinder, or seriously obstruct the detection, investigation, or prosecution of any offence—

        • (A) that is punishable by a period of imprisonment for a term of 7 years or more; and

        • (B) that involved, involves, or would involve conduct of the kind referred to in any of subparagraphs (i) to (iii).

    (4) Section 98A(2) is amended by omitting (within the meaning of section 312A(1)) in each place where it appears.

    (5) Sections 202B, 216F 216F(1)(a) and (b)(ii), 224, and 225, Part 11A, the heading above section 314A, sections 314A to 314D, and sections 317 to 317B are repealed.

    (6) Section 216B(2)(b) is amended by repealing subparagraph (i) and substituting the following subparagraph:

    • (i) the Search and Surveillance Act 2009; or.

    (7) Section 216B(2)(b) is amended by repealing subparagraph (iv).

    (8) Section 216B(3) is repealed.

    (9) Section 216B(7) is amended by inserting or of a surveillance device warrant issued under the Search and Surveillance Act 2009 after interception warrant.

    (10) Section 252(3)(a) is amended by inserting or a surveillance device warrant issued under the Search and Surveillance Act 2009 after search warrant.

Amendment to District Courts Act 1947

298 District Courts Act 1947 amended
  • Section 299 amends the District Courts Act 1947.

299 New section 17A substituted
  • Section 17A is repealed and the following section substituted:

    17A Sections 117, 123, and 124 of Search and Surveillance Act 2009 inapplicable to bailiffs
    • Sections 117, 123, and 124 of the Search and Surveillance Act 2009 (which relate to a general power to stop vehicles) do not apply to any bailiff.

Amendment to Electricity Industry Reform Act 1998

300 Electricity Industry Reform Act 1998 amended
  • (1) This section amends the Electricity Industry Reform Act 1998.

    (2) Section 58(h) is amended by omitting sections 98B to 98G and substituting section 98G.

Amendment to Health Act 1956

301 Health Act 1956 amended
  • (1) This section amends the Health Act 1956.

    (2) Section 71A is amended by repealing subsection (5) and substituting the following subsection:

    • (5) Sections 123, 124, and 169 of the Search and Surveillance Act 2009, with any necessary modifications, apply to the powers conferred by subsection (2)(c).

Amendments to Misuse of Drugs Act 1975

302 Misuse of Drugs Act 1975 amended
  • Sections 303 and 304 amend the Misuse of Drugs Act 1975.

303 New section 18 substituted
  • Sections 18 and 18A are repealed and the following section is substituted:

    18 Seizing and destroying prohibited plants and seeds
    • (1) The following persons may take any or all of the actions described in subsection (2):

      • (a) a constable:

      • (b) an officer of Customs:

      • (b) a Customs officer:

      • (c) an officer of the Ministry of Health:

      • (d) a Medical Officer of Health:

      • (e) an assistant thought to be necessary by any of the persons in paragraphs (a) to (d).

      (2) The actions are to seize and destroy any of the following:

      • (a) a prohibited plant that is not being cultivated in accordance with—

        • (i) the conditions of a licence granted under this Act; or

        • (ii) regulations made under this Act:

      • (b) the seed of a prohibited plant that is not in the possession of a person—

        • (i) authorised under this Act to cultivate the plant; or

        • (ii) permitted by regulations made under this Act to have the seed in his or her possession.

304 Application of Customs and Excise Act 1996
  • Section 36(1) is amended by omitting 149C(1) and (2), 149D, 151, 152, 161, 165 to 172 and substituting 149C(1) to (3), 151, 152, 161, 166A to 167.

Amendments to Misuse of Drugs Amendment Act 1978

305 Misuse of Drugs Amendment Act 1978 amended
  • (1) This section amends the Misuse of Drugs Amendment Act 1978.

    (2) Section 10(1) is amended by inserting the following definitions in their appropriate alphabetical order:

    serious violent offence means any offence—

    • (a) that is punishable by a period of imprisonment for a term of 7 years or more; and

    • (b) where the conduct constituting the offence involves—

      • (i) loss of a person's life or serious risk of loss of a person's life; or

      • (ii) serious injury to a person or serious risk of serious injury to a person; or

      • (iii) serious damage to property in circumstances endangering the physical safety of any person; or

      • (iv) perverting the course of justice, where the purpose of the conduct is to prevent, seriously hinder, or seriously obstruct the detection, investigation, or prosecution of any offence—

        • (A) that is punishable by a period of imprisonment for a term of 7 years or more; and

        • (B) that involved, involves, or would involve conduct of the kind referred to in any of subparagraphs (i) to (iii)

    specified offence means any of the following offences:

    • (a) an offence punishable by a period of imprisonment for a term of 10 years or more:

    • (b) an offence against section 116 of the Crimes Act 1961 (which relates to conspiring to defeat justice):

    • (c) an offence against section 117 of the Crimes Act 1961 (which relates to corrupting juries and witnesses):

    • (d) an offence punishable under section 223(b) of the Crimes Act 1961 (theft of property exceeding $1,000 in value):

    • (e) an offence against section 243 of the Crimes Act 1961 (which relates to money laundering):

    • (f) an offence punishable under section 247 of the Crimes Act 1961 (which relates to receiving property dishonestly obtained)

    terrorist offence means an offence against any of sections 6A to 13E of the Terrorism Suppression Act 2002.

    (3) Section 12(1) is amended by inserting the following paragraph paragraphs after paragraph (b):

    • (ba) allow the package or goods to be delivered by a person who has agreed to co-operate with Customs; or

    • (bb) deliver the package or goods; or.

    (4) Sections 12A to 12C, 25, and 26 and 14 to 29 are repealed.

    (5) Section 21(1)(b) is amended by omitting (as those terms are defined in section 312A of the Crimes Act 1961).

    (6) Section 22(1)(b) is amended by omitting (as those terms are defined in section 312A of the Crimes Act 1961).

Amendment to Mutual Assistance in Criminal Matters Act 1992

306 Mutual Assistance in Criminal Matters Act 1992 amended
  • (1) This section amends the Mutual Assistance in Criminal Matters Act 1992.

    (2) Section 46A is amended by omitting 314B to 314D of the Crimes Act 1961 apply with any necessary modifications as if references in those sections to a statutory search power are and substituting 117, 123, 124, and 169 of the Search and Surveillance Act 2009 apply with any necessary modifications as if references in those sections to a power to stop or search a vehicle conferred under that Act or any relevant enactment (as defined in section 3 of that Act) were.

Amendments to Policing Act 2008

307 Policing Act 2008 amended
  • (1) This section amends the Policing Act 2008.

    (2) Sections 37 to 39 are repealed.

    (3) Clause 1(a) of Schedule 1 is amended by omitting 36, and 37 and substituting and 36.

    (4) Clause 1 of Schedule 1 is amended by inserting the following paragraph after paragraph (a):

    • (ab) the powers of a constable under section 11 of the Search and Surveillance Act 2009:.

    (5) Clause 4(e) of Schedule 1 is amended by omitting 32, 33, and 37 and substituting 32 and 33.

    (6) Clause 4 of Schedule 1 is amended by inserting the following paragraph after paragraph (e):

    • (ea) the powers of a constable under section 11 of the Search and Surveillance Act 2009:.

    (7) Clause 5 of Schedule 1 is amended by omitting 314B of the Crimes Act 1961 and substituting 117 of the Search and Surveillance Act 2009.

Amendment to Proceeds of Crime Act 1991

308 Proceeds of Crime Act 1991 amended
  • (1) This section amends the Proceeds of Crime Act 1991.

    (2) Section 32A is amended by omitting 314B to 314D of the Crimes Act 1961 apply with any necessary modifications as if references in those sections to a statutory search power are and substituting 117, 123, 124, and 169 of the Search and Surveillance Act 2009 apply with any necessary modifications as if references in those sections to a power to stop or search a vehicle conferred under that Act or any relevant enactment (as defined in section 3 of that Act) were.

Amendments to Summary Proceedings Act 1957

309 Summary Proceedings Act 1957 amended
  • (1) This section amends the Summary Proceedings Act 1957.

    (2) Section 3(1)(h) is repealed.

    (3) The heading above section 198 and sections 198 to 200 are repealed.

    (4) The heading above section 200A and sections 200A to 200P are repealed.

    (5) Part 2 of Schedule 1 is amended by inserting the following item after the item relating to the Sales Tax Act 1974:

    Search and Surveillance Act 2009165 Failing to comply with examination order
     166 Failing to comply with production order

Amendment to Telecommunications Act 2001

310 Telecommunications Act 2001 amended
  • (1) This section amends the Telecommunications Act 2001.

    (2) Section 15(g) is amended by omitting to 98G and substituting and 98G.

Amendment to Telecommunications (Interception Capability) Act 2004

311 Telecommunications (Interception Capability) Act 2004 amended
  • (1) This section amends the Telecommunications (Interception Capability) Act 2004.

    (2) Paragraph (a) of the definition of interception warrant in section 3(1) is repealed.

Repeal of Telecommunications (Residual Provisions) Act 1987

312 Telecommunications (Residual Provisions) Act 1987 repealed
  • The Telecommunications (Residual Provisions) Act 1987 (1987 No 116) is repealed.

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

313 Regulations
  • (1) The Governor-General may, by Order in Council, make regulations for any or all of the following purposes:

    • (a) prescribing the form of an examination order, a surveillance device warrant, residual warrant declaratory order, production order, search warrant, warrant authorising entry to a dwellinghouse or marae, or similar kinds of warrants:

    • (b) prescribing procedures to be followed for the purposes of making and resolving claims of privilege under subpart 4 of Part 4:

    • (c) authorising a chief executive to omit from any annual report information about search or surveillance generally, or of a particular kind, or in a particular area, or in an area of a particular kind:

    • (d) providing for any other matters contemplated by the Act, necessary for its administration, or necessary for giving it full effect.

    (2) Regulations made under subsection (1)(a) may do any or all of the following:

    • (a) prescribe different forms of warrant or order for use under different enactments:

    • (b) prescribe any form of warrant or order by listing the minimum information requirements to be included:

    • (c) authorise a chief executive or any other specified person or class of person to authorise variations in the language, provisions, or format of any form of warrant or order in the warrant or order:

    • (d) authorise a chief executive or any other specified class of person to include additional information in a prescribed form of warrant or order.

Transitional provisions

314 Transitional provision in relation to reporting requirements
  • For the purposes of section 163, the period to be reported on in the first annual report published after the commencement of this Act that section begins with the commencement of this Act that section and ends with the end of the financial year or other period ordinarily the subject of the report.

315 Transitional provision in relation to sections 198 to 200 of Summary Proceedings Act 1957
  • (1) Despite their repeal by section 309, sections 198 to 200 of the Summary Proceedings Act 1957 remain in force for the purposes of any enactment that incorporates or refers to any of those provisions.

    (2) Subsection (1) does not limit the application of the Interpretation Act 1999.

    (3) This section expires on the close of 30 June 2014.

Review provision

316 Review of operation of Act
  • (1) The Minister of Justice must, not later than 30 June 2015 2016, refer to the Law Commission and the Ministry of Justice for consideration the following matters:

    • (a) the operation of the provisions of this Act since the date of the commencement of this section:

    • (b) whether those provisions should be retained or repealed:

    • (c) if they should be retained, whether any amendments to this Act are necessary or desirable.

    (2) The Law Commission and the Ministry must report jointly on those matters to the Minister of Justice within 1 year of the date on which the reference occurs.

    (3) The Minister of Justice must present a copy of the report provided under this section to the House of Representatives as soon as practicable after receiving it.


Schedule 
Powers in other enactments to which all or part of Part 4 of Search and Surveillance Act 2008 applies

s 87AA

Column 1 Column 2 Column 3 Column 4
Act Section Brief description of power Which provisions in Part 4 apply
Agricultural Compounds and Veterinary Medicines Act 1997 64(1) and (2) 

ACVM officer may enter and inspect transitional facility or biosecurity control area

 

All (except sections 108(d), 110(2)(d), 114, and 115 (which relate to detention and search incidental to power of arrest))

  69(1) Constable or ACVM officer may obtain and execute search warrant to search for agricultural compounds or biological agents and related objects All
  71(1) Constable or ACVM officer may dispose of property seized under search warrant issued under section 69(1) of Agricultural Compounds and Veterinary Medicines Act 1997 *Subpart 5 (which sets out procedures applying to seized or produced materials)
Animal Products Act 1999 87(1) and (2) Animal product officer may enter place to determine whether person is complying with Animal Products Act 1999 or whether shellfish pose hazard to public health *Subpart 3 (which relates to carrying out search powers)
  88(1) Animal product officer may examine things at place entered under section 87(1) or (2) of Animal Products Act 1999 All (except sections 108(d), 110(2)(d), 114, and 115 (which relate to detention and search incidental to power of arrest))
  94(1) Constable or animal product officer may obtain and execute search warrant to search for evidence of offence against Animal Products Act 1999 or in relation to shellfish contaminants All
  97 Constable or animal product officer may dispose of property seized under search warrant issued under section 94(1) of Animal Products Act 1999 *Subpart 5 (which sets out procedures applying to seized or produced materials)
Animal Welfare Act 1999 131(1) and (2) Constable or animal welfare inspector may obtain and execute search warrant to search for evidence of offence against Animal Welfare Act 1999 or to prevent or investigate suffering of animal All (except that sections 108(d), 110(2)(d), 114, and 115 (which relate to detention and search incidental to power of arrest) apply only to a constable)
  136(1) Constable or animal welfare inspector may dispose of property seized under search warrant issued under section 131 of Animal Welfare Act 1999 or dispose of any animal taken under section 137 of that Act *Subpart 5 (which sets out procedures applying to seized or produced materials)
Antarctic Marine Living Resources Act 1981 9(1) High seas fishery inspector may stop, enter, inspect, and examine vehicle, vessel, aircraft, or hovercraft for evidence of an offence against Antarctic Marine Living Resources Act 1981 All
Antarctica (Environmental Protection) Act 1994 42(1) Special inspector may obtain and execute search warrant to search for evidence of offence against Antarctica (Environmental Protection) Act 1994 All
  43(1) Special inspector may search without warrant for evidence of offence against Antarctica (Environmental Protection) Act 1994, in exigent circumstances All
Anti-Personnel Mines Prohibition Act 1998 22 Anti-personnel mines officer may obtain and execute search warrant to enter and inspect place in order to exercise function conferred by Anti-Personnel Mines Prohibition Act 1998 *Subparts 2 and 3 (which relate to applications for, and issuing of, search warrants, and carrying out search powers, respectively)
Aviation Crimes Act 1972 13(1) Constable may search person who declines to allow his or her luggage to be searched in circumstances where constable believes crime against Aviation Crimes Act 1972 has been, is being, or is likely to be committed All
Biosecurity Act 1993 110(1) Inspector or authorised person may obtain and execute search warrant to enter and inspect places for pests, pest agents, unwanted organisms, unauthorised goods, or risk goods, and to check activities carried out under Biosecurity Act 1993 Subpart 2 (which relates to applications for, and issuing of, search warrants)
  111(1) Inspector or authorised person may obtain, and inspector, authorised person, or constable may execute, search warrant to search for evidence of offence against Biosecurity Act 1993 *Subpart 2 (which relates to applications for, and issuing of, search warrants)
  118(1) Person exercising power of search conferred by section 111 of Biosecurity Act 1993 may seize things *Subpart 5 (which sets out procedures applying to seized or produced materials)
Boxing and Wrestling Act 1981 9 Constable may obtain and execute search warrant to obtain evidence of offence against Boxing and Wrestling Act 1981 All
Children, Young Persons, and Their Families Act 1989 39(1) and (3) Constable or social worker may obtain and execute place of safety warrant authorising search for, and removal of, child at risk of harm Sections 97 and 103 only (which relate to verification of applications, and transmission of search warrants, respectively)
  40(1) and (4) On application for order that child is in need of care and protection, constable or social worker may obtain and execute search warrant authorising search for and removal of child Sections 97 and 103 only (which relate to verification of applications, and transmission of search warrants, respectively)
  386(1) If child or young person absconds, constable or social worker may obtain and execute search warrant authorising search for, and removal and return of, child or young person Sections 97 and 103 only (which relate to verification of applications, and transmission of search warrants, respectively)
Civil Aviation Act 1990 24(4) Authorised person may obtain and execute warrant to enter dwellinghouse or marae for purposes of exercising powers of inspection conferred on Director of Civil Aviation by Civil Aviation Act 1990 *Subparts 2 and 3 (which relate to applications for, and issuing of, search warrants, and carrying out search powers, respectively)
Commerce Act 1986 98A(2) Authorised employee of Commerce Commission may obtain and execute warrant to search for evidence of offence against most provisions of Commerce Act 1986 All
Commodity Levies Act 1990 19(1) Constable or designated person may obtain and execute warrant to enter and search for evidence of offence against Commodity Levies Act 1990 All (except sections 108(d), 110(2)(d), 114, and 115 (which relate to detention and search incidental to power of arrest))
Conservation Act 1987 40(1) and (5) Warranted officer may seize various things held in contravention of Conservation Act 1987 and exercise other powers; constable or warranted officer may seize thing in respect of which it is believed offence is being committed under Conservation Act 1987 All
Credit Contracts and Consumer Finance Act 2003 113(d) Powers of Commerce Commission to search and seize under sections 98A and 98G of Commerce Act 1986 are applied to Credit Contracts and Consumer Finance Act 2003 (with any necessary modifications) All
Customs and Excise Act 1996 139(1)(d) Customs officer and authorised person may board craft if officer or authorised person has reasonable cause to suspect craft is involved in offence against Customs and Excise Act 1996 or is carrying dutiable, uncustomed, prohibited, or forfeited goods All (except that sections 120(2), 126(5)(e), and 127 and subparts 5 and 7 of Part 4 do not apply to forfeited goods)
  140 Customs officer and authorised person may search craft if officer or authorised person has reasonable cause to suspect craft is involved in offence against Customs and Excise Act 1996 or is carrying dutiable, uncustomed, prohibited, or forfeited goods All (except that sections 120(2), 126(5)(e), and 127 and subparts 5 and 7 of Part 4 do not apply to forfeited goods)
  144 Customs officer or, in certain cases, constable may stop and detain vehicle to search it for various kinds of goods All (except that sections 120(2), 126(5)(e), and 127 and subparts 5 and 7 of Part 4 do not apply to forfeited goods)
  149B Customs officer or, in certain cases, constable may search person if officer or constable has reasonable cause to suspect that certain items are hidden on or about that person and are evidence that the person has committed or is about to commit certain offences against Customs and Excise Act 1996 All (except that sections 120(2), 126(5)(e), and 127 and subparts 5 and 7 of Part 4 do not apply to forfeited goods)
  149BA Customs officer or constable may search a person for dangerous items if officer or constable has reasonable grounds to believe that items posing threat to safety are on or about the person All (except that sections 120(2), 126(5)(e), and 127 and subparts 5 and 7 of Part 4 do not apply to forfeited goods)
  149C Customs officer or constable may seize certain things found during search under section 149B or 149BA of Customs and Excise Act 1996 All (except that sections 120(2), 126(5)(e), and 127 and subparts 5 and 7 of Part 4 do not apply to forfeited goods)
  152