Crimes (Interception Warrants) Regulations 2003

Reprint
as at 1 December 2009

Crest

Crimes (Interception Warrants) Regulations 2003

(SR 2003/255)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 15th day of September 2003

Present:
The Right Hon Helen Clark presiding in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Justice.

Pursuant to section 410 of the Crimes Act 1961, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

  • These regulations are the Crimes (Interception Warrants) Regulations 2003.

2 Commencement

  • These regulations come into force on 1 October 2003.

3 Form of interception warrants

  • (1) Every interception warrant granted under section 312C of the Crimes Act 1961 must be in form 1 of the Schedule.

    (2) Every interception warrant granted under section 312CB of the Crimes Act 1961 must be in form 2 of the Schedule.

    (3) Every interception warrant granted under section 312CD of the Crimes Act 1961 must be in form 3 of the Schedule.

    Regulation 3(3): added, on 1 December 2009, by regulation 4 of the Crimes (Interception Warrants) Amendment Regulations 2009 (SR 2009/356).

4 Revocation

  • The Crimes (Interception Warrant) Regulations 1997 (SR 1997/346) are revoked.

Schedule
Forms

r 3

Form 1
Interception warrant in relation to organised criminal enterprise or participation in organised criminal group

Section 312C, Crimes Act 1961

  • 1 To [full name of constable who is of or above the level of position of inspector] and every other Police employee for the time being assisting you.

  • 2 I am satisfied on an application made to me in writing and on oath that—

    • (a) [whichever of the following is applicable]:

      *there are reasonable grounds for believing that a person has committed, or is committing, an offence under section 98A(1) of the Crimes Act 1961; and

      or

      *there are reasonable grounds for believing that—

      • (i) there is an organised criminal enterprise; and

      • (ii) a member of that organised criminal enterprise is planning, participating in, or committing, or has planned, participated in, or committed, criminal offences of which at least 1 is a specified offence (within the meaning of section 312A of the Crimes Act 1961), as part of a continuing course of criminal conduct planned, organised, or undertaken by members of that enterprise; and

    • (b) there are reasonable grounds for believing that evidence relevant to the investigation of the offence will be obtained through the use of an interception device to intercept private communications; and

    • (c) [whichever of the following is applicable]:

      *other investigative procedures and techniques have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case; and

      or

      *other investigative procedures and techniques are unlikely to facilitate the successful conclusion of the Police investigation of the case, or are likely to be too dangerous to adopt in the particular case; and

      or

      *the case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the interception of private communications; and

    • (d) the private communications to be intercepted are not likely to be privileged in proceedings in a court of law by virtue of any of the provisions of Part 3 of the Evidence Amendment Act (No 2) 1980 or of any rule of law that confers privilege on communications of a professional character between a barrister or solicitor and a client; and

    • (e) having considered the extent to which the privacy of any person or persons would be likely to be interfered with by the interception, it would be in the best interests of the administration of justice to grant an interception warrant.

  • 3 The offence in respect of which the warrant is granted is—

    [whichever of the following is applicable]:

    *[specify offence], being a specified offence within the meaning of section 312A of the Crimes Act 1961.

    or

    *an offence under section 98A(1) of the Crimes Act 1961.

  • 4 This is to authorise you at any time or times within ... days from the date of this warrant—

    *to use an interception device to intercept the private communications of [name and address of suspect]:

    or

    *to use an interception device to intercept private communications at [premises, place, thing, or type of facility, being premises or a place, thing, or type of facility believed to be used for any purpose by any member of the organised criminal enterprise or by a person believed to have committed, or be committing, an offence under section 98A(1) of the Crimes Act 1961]:

    or

    *to enter, with force where necessary, [state aircraft, ship, hovercraft, carriage, vehicle, or premises that may be entered] for the purpose of placing, servicing, or retrieving the interception device.

  • *5 The following terms and conditions are imposed in the public interest:

    ...................................................................

  • *6 The following conditions are imposed to avoid, so far as practicable, the interception of communications of a professional character:

    ...................................................................

Dated at              this        day of              20   .

...........................
Judge of the High Court

*Delete if inapplicable

  • Schedule form 1: amended, on 1 December 2009, by regulation 5(1) of the Crimes (Interception Warrants) Amendment Regulations 2009 (SR 2009/356).

  • Schedule form 1: amended, on 1 December 2009, by regulation 5(2) of the Crimes (Interception Warrants) Amendment Regulations 2009 (SR 2009/356).

  • Schedule form 1: amended, on 1 December 2009, by regulation 5(3) of the Crimes (Interception Warrants) Amendment Regulations 2009 (SR 2009/356).

  • Schedule form 1: amended, on 1 December 2009, by regulation 5(4) of the Crimes (Interception Warrants) Amendment Regulations 2009 (SR 2009/356).

  • Schedule form 1: amended, on 1 December 2009, by regulation 5(5) of the Crimes (Interception Warrants) Amendment Regulations 2009 (SR 2009/356).

  • Schedule form 1: amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

Form 2
Interception warrant in relation to serious violent offence

Section 312CB, Crimes Act 1961

  • 1 To [full name of constable who is of or above the level of position of inspector] and every other constable for the time being assisting you.

  • 2 I am satisfied on an application made to me in writing and on oath that—

    • (a) there are reasonable grounds for believing that—

      • (i) a serious violent offence (within the meaning of section 312A of the Crimes Act 1961) has been committed, or is being committed, or is about to be committed; and

      • (ii) where the serious violent offence has yet to be committed, the use of an interception device to intercept private communications is likely to prevent the commission of the offence; and

    • (b) [whichever of the following is applicable]:

      *there are reasonable grounds for believing that evidence relevant to the investigation of the case will be obtained through the use of an interception device to intercept private communications; and

      or

      *where the serious violent offence has yet to be committed, there are reasonable grounds for believing that evidence relevant to the prevention of that offence will be obtained through the use of an interception device to intercept private communications; and

    • (c) [whichever of the following is applicable]:

      *other investigative procedures and techniques have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case, or, as the case may be, to provide assistance in preventing the commission of a serious violent offence; and

      or

      *other investigative procedures and techniques are unlikely to facilitate the successful conclusion of the Police investigation of the case, or, as the case may be, prevent the commission of a serious violent offence, or are likely to be too dangerous to adopt in the particular case; and

      or

      *the case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the interception of private communications; and

    • (d) the private communications to be intercepted are not likely to be privileged in proceedings in a court of law by virtue of any of the provisions of Part 3 of the Evidence Amendment Act (No 2) 1980 or of any rule of law that confers privilege on communications of a professional character between a barrister or solicitor and a client; and

    • (e) having considered the extent to which the privacy of any person or persons would be likely to be interfered with by the interception, it would be in the best interests of the administration of justice to grant an interception warrant.

  • 3 The offence in respect of which the warrant is granted is .................... [being a specified offence within the meaning of section 312A of the Crimes Act 1961].

  • 4 This is to authorise you at any time or times within ... days from the date of this warrant—

    *to use an interception device to intercept the private communications of [name and address of suspect]:

    or

    *to use an interception device to intercept private communications at [premises, place, thing, or type of facility, being premises or a place, thing, or type of facility believed to be used for any purpose by any person whom it is believed—

    • (a) has committed, or is committing, or is about to commit, a serious violent offence; or

    • (b) was involved, or is involved, or will be involved, in the commission of a serious violent offence]:

    or

    *to enter, with force where necessary, [state aircraft, ship, hovercraft, carriage, vehicle, or premises that may be entered] for the purpose of placing, servicing, or retrieving the interception device.

  • *5 The following terms and conditions are imposed in the public interest:

  • ...................................................................

  • *6 The following conditions are imposed to avoid, so far as practicable, the interception of communications of a professional character:

  • ...................................................................

Dated at              this        day of              20

...........................
Judge of the High Court

*Delete if inapplicable

  • Schedule form 2: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

  • Schedule form 2: amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).

Form 3
Interception warrant in relation to terrorist offences

r 3

Section 312CD, Crimes Act 1961

  • 1 To [full name of constable who is of or above the level of position of inspector] and every other constable for the time being assisting you.

  • 2 I am satisfied on an application made to me in writing and on oath that—

    • (a) there are reasonable grounds for believing that—

      • (i) a terrorist offence (within the meaning of section 312A of the Crimes Act 1961) has been committed, or is being committed, or is about to be committed; and

      • (ii) where the terrorist offence has yet to be committed, the use of an interception device to intercept private communications is likely to prevent the commission of the offence; and

    • (b) For this paragraph select the statement that applies.

    • Statement A

    • there are reasonable grounds for believing that evidence relevant to the investigation of the case will be obtained through the use of an interception device to intercept private communications; and

    • Statement B

    • where the terrorist offence has yet to be committed, there are reasonable grounds for believing that evidence relevant to the prevention of that offence will be obtained through the use of an interception device to intercept private communications; and

    • (c) For this paragraph select the statement that applies.

    • Statement A

    • other investigative procedures and techniques have been tried but have failed to enable the Police to conclude their investigation of the case successfully or, as the case may be, failed to help prevent the commission of a terrorist offence; and

    • Statement B

    • other investigative procedures and techniques are unlikely to enable the Police to conclude their investigation of the case successfully or, as the case may be, to help prevent the commission of a terrorist offence or are likely to be too dangerous to adopt in the particular case; and

    • Statement C

    • the case is so urgent that it would be impracticable for the Police to carry out their investigation using only investigative procedures and techniques other than the interception of private communications; and

    • (d) the private communications that are proposed to be intercepted are not likely to be privileged in proceedings in a court of law by virtue of any of the provisions of Part 3 of the Evidence Amendment Act (No 2) 1980 or of any rule of law that confers privilege on communications of a professional character between a barrister or solicitor and a client; and

    • (e) having considered the extent to which the privacy of any person or persons would be likely to be interfered with by the interception of private communication, it is in the best interests of the administration of justice to grant an interception warrant.

  • 3 The offence in respect of which the warrant is granted is [specify offence], being a terrorist offence within the meaning of section 312A of the Crimes Act 1961.

  • 4 For this paragraph select each statement that applies.

  • Statement A

  • This is to authorise you at any time or times within [number] days from the date of this warrant to use an interception device to intercept the private communications of [name and address of suspect].

  • Statement B

  • This is to authorise you at any time or times within [number] days from the date of this warrant to use an interception device to intercept communications at [premises or place believed to be used for any purpose by any person who it is believed—

    • (a) has committed, or is committing, or is about to commit, a terrorist offence; or

    • (b) was involved, or is involved, or will be involved, in the commission of a terrorist offence].

  • Statement C

  • This is to authorise you at any time or times within [number] days from the date of this warrant to enter, with force where necessary, [state aircraft, ship, hovercraft, carriage, vehicle, or premises that may be entered] for the purpose of placing, servicing, or retrieving the interception device.

  • 5 Omit this paragraph if it does not apply.

  • The following terms and conditions are imposed in the public interest: [specify].

  • 6 Omit this paragraph if it does not apply.

  • The following conditions are imposed to avoid, so far as practicable, the interception of communications of a professional character: [specify].

  • Schedule form 3: added, on 1 December 2009, by regulation 6 of the Crimes (Interception Warrants) Amendment Regulations 2009 (SR 2009/356).

Diane Morcom,
for Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 18 September 2003.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Crimes (Interception Warrants) Regulations 2003. The reprint incorporates all the amendments to the regulations as at 1 December 2009, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)