Hon Simon Power
Government Bill
45—1
Explanatory note
1 Title
2 Commencement
Part 1General provisions
3 Interpretation
4 Act binds the Crown
Part 2Police powers
Subpart 1—Rules 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 2—Warrantless 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 3—Warrantless 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 4—Warrantless powers of entry in urgent circumstances
14 Warrantless entry to prevent offence or respond to risk to life or safety
Subpart 5—Warrantless 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 6—Warrantless powers in relation to arms offences
18 Warrantless searches associated with arms
Subpart 7—Police powers in relation to Misuse of Drugs Act 1975 offences
19 Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
20 Warrantless searches of people found in or on places or vehicles
21 Warrantless power to search and detain a person, and seize controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
22 Internal search of person under arrest for offence against section 6 or 7 or 11 of Misuse of Drugs Act 1975
23 Effect of not permitting internal search under section 22 on bail application
Subpart 8—Warrantless 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 9—Warrantless search of vehicle for stolen property
27 Power to search vehicles without warrant for stolen property
Subpart 10—Other powers related to search of vehicles
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 11—Examination orders
Examination orders in business contexts
31 Commissioner 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 Commissioner 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
Subpart 12—Other matters
41 Common law defence of necessity for people other than constables not affected by this Part
Part 3Enforcement officers' powers and orders
Subpart 1—Surveillance device warrants and residual 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
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 and 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
Residual warrants
57 Residual warrant required for some other interferences with privacy
Application for residual warrant
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
Subpart 2—Production and monitoring 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 3—Police 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 4—Warrantless 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 4General provisions in relation to search and inspection powers
Subpart 1—Application of rules and consent searches
Application of rules
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 2—Search 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
Subpart 3—Carrying out search powers
107 Application
108 Search powers
109 Items of uncertain status may be seized
110 Powers of persons called to assist
111 Limitation on exercise of powers
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
124 Duty to provide information
Computer searches
125 Duty of persons with knowledge of computer or computer network or other data storage devices to assist access
Identification and notice
126 Identification and notice requirements for person exercising search power
127 Inventory of items seized
128 Compliance with certain provisions may be deferred in certain circumstances
129 Further postponement of, or dispensation from, obligation to comply with certain provisions
Subpart 4—Privilege 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 5—Procedures 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 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 6—Immunities
157 Immunities of issuing officer
158 Immunities in relation to the obtaining or execution of orders and warrants
159 Other immunities in relation to the exercise of entry, search, or surveillance powers
160 Immunity of the Crown
161 Relationship between sections 157 to 160 and other enactments
Subpart 7—Reporting
162 Reporting of exercise of powers within law enforcement agency
163 Annual reporting of search and surveillance powers
164 Information to be included in report on surveillance device warrants and residual warrants
Subpart 8—Offences
165 Failing to comply with examination order
166 Failing to comply with production order
167 False application for examination order, production order, search warrant, surveillance device warrant, or residual warrant
168 Leaving search location in breach of direction
169 Offences relating to stopping vehicles
170 Offence of failing to carry out obligations in relation to computer search
171 Offence to disclose information acquired through search or surveillance
Subpart 9—Miscellaneous
172 Effect of proceedings
173 Service of orders and notices
174 Application of certain provisions
Part 5Amendments, repeals, and miscellaneous provisions
Subpart 1—Amendments 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 Power 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
91A Disposal of seized animals prior to commencement or determination of proceedings
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
136A Disposal of animals seized or taken into custody prior to commencement or determination of proceedings
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
9 Search warrants
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
198 New section 445A substituted
445A Certain provisions of the Search and Surveillance Act 2009 apply to some warrants
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
175D Seizure and detention of certain drugs and objectionable publications
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
16 Custody of property seized
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 Part 7 of Films, Videos, and Publications Classification Act 1993
225 New section 110 substituted
110 Application of Part 4 of Search and Surveillance Act 2009
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
199 Powers of entry and examination for regulatory purposes
199A Powers of entry and search for law enforcement purposes
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
56 Purposes of inspection
57 Interpretation powers
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
250 New section 14 substituted
14 Officer may obtain warrant
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
454 Warrant to inspect dwellinghouse, marae, etc
455 Entry in respect of offences
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
25 Retention of property seized
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 Part 4 of Reserve Bank of New Zealand Act 1989
273 Amendments to Part 5D of 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
128A Chief executive may apply for search warrant
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 2—Amendments 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 3—Other 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
17A Sections 117, 123, and 124 of Search and Surveillance Act 2009 inapplicable to bailiffs
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
18 Seizing and destroying prohibited plants and seeds
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 4—Regulation-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
The Parliament of New Zealand enacts as follows: