170 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 43 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 172 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 under section 85 or 88 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 171 and 172, kind of surveillance device means—

(a)

an interception device:

(b)

a visual surveillance device:

(c)

a tracking device.

Section 170(1): amended, on 1 July 2014, by section 104 of the Public Finance Amendment Act 2013 (2013 No 50).