Crimes (Interception Warrants) Amendment Regulations 2009

2009/356

Crest

Crimes (Interception Warrants) Amendment Regulations 2009

Anand Satyanand, Governor-General

Order in Council

At Wellington this 23rd day of November 2009

Present:
His Excellency the Governor-General in Council

Pursuant to section 410 of the Crimes Act 1961, His 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) Amendment Regulations 2009.

2 Commencement

  • These regulations come into force on 1 December 2009.

3 Principal regulations amended
4 Form of interception warrants

  • Regulation 3 is amended by adding the following subclause:

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

5 Form 1 of Schedule amended

  • (1) The heading to form 1 of the Schedule is amended by adding “or participation in organised criminal group”.

    (2) Paragraph 1 of form 1 of the Schedule is amended by omitting “member of the police” and substituting “Police employee”.

    (3) Paragraph 2 of form 1 of the Schedule is amended by revoking paragraph (a) and substituting the following paragraph:

    • “(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”.

    (4) Form 1 of the Schedule is amended by revoking paragraph 3 and substituting the following paragraph:

    • “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.”

    (5) Paragraph 4 of form 1 of the Schedule is amended by inserting “or by a person believed to have committed, or be committing, an offence under section 98A(1) of the Crimes Act 1961” after “organised criminal enterprise”.

6 New form 3 added to Schedule

  • The Schedule is amended by adding the form 3 set out in the Schedule of these regulations.

Schedule 
Form 3 added to Schedule

r 6

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].

Rebecca Kitteridge,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 December 2009, amend the Crimes (Interception Warrants) Regulations 2003.

The amendments give effect to changes required in interception warrant forms under section 312C of the Crimes Act 1961, following the amendment of that Act by the Crimes Amendment Act 2009, which was divided from the Gangs and Organised Crime Bill.

The amendments also add a new form 3 to the Schedule, setting out the form for an interception warrant in regard to terrorist offences, as provided by section 312CD of the Crimes Act 1961.

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

Date of notification in Gazette: 26 November 2009.

These regulations are administered by the Ministry of Justice.