Hon Annette King
Government Bill
300—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, search, and seize 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 member of police after vehicle stopped
Subpart 3—Warrantless searches of people locked up in police custody
11 Warrantless searches of people 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 in relation to evidence of serious offending
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 of certain offences
Warrantless searches of vehicles in public places in relation to evidential material of serious 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
Stopping vehicles with or without warrant for purposes of search
28 Meaning of statutory search power in this section
Warrantless powers relating to road blocks and road closures
29 Obtaining authorisation for warrantless road block
30 Duration and record of warrantless road block authorisation
31 Authorised road blocks implemented without warrant
32 Warrantless temporary closing of roads by police
Subpart 11—Examination orders
Examination orders in business contexts
33 Commissioner may apply for examination order in business context
34 Conditions for making examination order in business context
Examination orders in contexts other than those of business
35 Commissioner may apply for examination order in non-business context
36 Conditions for making examination order in non-business context
Other provisions that apply to examination order applications
37 Other provisions that apply to examination order applications
Making examination orders and contents of examination orders
38 Judge may make examination order
39 Form and content of examination order
Other provisions relating to examination orders
40 Presence of lawyer
41 Duration of examination order
42 Other provisions that apply to examination orders
Subpart 12—Other matters
43 Common law defence of necessity for people other than members of police not affected by this Part
Part 3Enforcement officers' powers and orders
Subpart 1—Surveillance device warrants and residual warrants
44 Activities not requiring warrant under this subpart
45 Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency
46 Activities for which surveillance device warrant required
Application for surveillance device warrant
47 Application for surveillance device warrant
48 Conditions for issuing surveillance device warrant
49 Other provisions that apply to surveillance device warrant applications
Issuing of surveillance device warrant
50 Who may issue surveillance device warrant
51 Restrictions on issue of surveillance device warrant
52 Form and content of surveillance device warrant
Carrying out activities authorised by surveillance device warrants
53 Carrying out activities authorised by surveillance device warrant
Other provisions applying to surveillance device warrants
54 Other provisions that apply to surveillance device warrants
Surveillance device warrant reports
55 Surveillance device warrant report
56 Report on use of surveillance device in situation of urgency or emergency
57 Actions on receipt of surveillance device warrant report
58 Actions on receipt of report on use of surveillance device in situation of urgency or emergency
Residual warrants
59 Residual warrant required for some other interferences with privacy
Application for residual warrant
60 Application for residual warrant
61 Conditions for issuing residual warrant
62 Other provisions that apply to residual warrant applications
Issuing of residual warrants
63 Who may issue residual warrant
64 Restrictions on issue of residual warrant
65 Form and content of residual warrant
Carrying out activities authorised by residual warrants
66 Carrying out activities authorised by residual warrant
Other provisions that apply to residual warrants
67 Other provisions that apply to residual warrants
Residual warrant reports
68 Residual warrant report
69 Actions on receipt of report
Subpart 2—Production and monitoring orders
70 Interpretation
71 Enforcement officer may apply for production order
72 Conditions for making production order
73 Other provisions that apply to production order applications
74 Issuing officer may make production order
75 Form and content of production order
76 Duration of production order
77 Other provisions applying to production orders
78 Documents produced under production order
Subpart 3—Police and customs officer powers to search in relation to delivery under section 12 of Misuse of Drugs Amendment Act 1978
79 Application of Part 4 provisions to this subpart
80 Meaning of terms used in this subpart
81 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
82 Application of this subpart
83 Entry without warrant after arrest
84 Warrantless entry and search of vehicle after arrest
85 Rub-down search of arrested or detained person
86 Things that can be done to facilitate rub-down search
87 Rub-down search may include visual examination
88 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
89 Application of rules in relation to enforcement officers and transfer of things between law enforcement agencies, etc
90 Application of rules about consent searches
91 Purposes for which consent search may be undertaken
92 Advice that must be given before consent search undertaken
93 Circumstances where search by consent unlawful
94 Ability of persons under 14 years to consent to searches of places, vehicles, or other things
95 Exceptions to consent search rules
Subpart 2—Search warrants
96 Application of sections 97 to 101
97 Interpretation
Application for search warrant
98 Application for search warrant
99 Application must be verified
100 Mode of application for search warrant
101 Retention of documents
Issuing of search warrant
102 Restrictions on issue of search warrant
103 Form and content of search warrant
104 Issuing officer may require search warrant report
105 Transmission of search warrant
106 When search warrant executed
107 When search warrant invalid
108 Authorisation of issuing officers
Subpart 3—Carrying out inspection and search powers
109 Application
110 Search powers
111 Items of uncertain status may be seized
112 Powers of persons called to assist
113 Limitation on exercise of powers
Giving directions
114 Securing place, vehicle, or other thing to be searched
Establishing search scene
115 Special powers where application for search warrant pending
Detention of person at search scene
116 Powers of detention incidental to powers to search places and vehicles
Powers of search incidental to powers of arrest
117 Powers of search incidental to power of arrest
118 Powers of search when suspect pursued
Moving vehicle for safekeeping and other purposes
119 Moving vehicle for purpose of search, safekeeping, or road safety
Seizure of items in plain view
120 Seizure of evidential material in plain view
Search of persons
121 Special rules about searching persons
122 Guidelines and rules about use of strip searching
Search warrants to enter and search vehicles
123 Search warrants to enter and search vehicles
Provision of particulars and other information
124 Power to require particulars
125 Duty to provide information
Computer searches
126 Duty of persons with knowledge of computer or computer network or other data storage devices to assist access
Identification and notice
127 Identification and notice requirements for person exercising search power
128 Inventory of items seized
129 Compliance with certain provisions may be deferred in certain circumstances
130 Further postponement of, or dispensation from, obligation to comply with certain provisions
Subpart 4—Privilege and confidentiality
General
131 Recognition of privilege
132 Lawyers trust accounts
Examination orders and production orders
133 Privilege against self-incrimination
134 Other privileges
Surveillance
135 Effect of privilege on surveillance conducted under this Act
Search warrants and other search powers
136 Effect of privilege on search warrants and search powers
137 Search warrants that extend to lawyers' premises or material held by lawyers
138 Search warrant extending to certain other privileged materials
139 Searches otherwise affecting privileged materials
140 Interim steps pending resolution of privilege claim
141 Claims for privilege for things sought to be seized or seized
Admission of evidence generally
142 Admission of evidence
Subpart 5—Procedures applying to seized or produced materials
143 Disposal of things seized or produced
144 Certain things must be returned
145 Custody of things seized or produced
146 Copies of things seized or produced
147 Extension of time for holding thing seized or produced
148 Disputed ownership of thing seized or produced
149 Seized or produced property forfeit to Crown if ownership not established
Rights of owners and others in relation to things seized or produced
150 Application for release of or access to things seized or produced
151 Failure to comply with bond or conditions
152 Application to District Court for access to thing seized or produced
153 Application to District Court for release of thing seized or produced
154 Disposal of unlawful items
155 Disposal of forensic copies
156 Other copies and generated material may be retained
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
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
Amendments to Agricultural Compounds and Veterinary Medicines Act 1997
174 Amendments to Agricultural Compounds and Veterinary Medicines Act 1997
Amendments to Animal Products Act 1999
175 Amendments to Animal Products Act 1999
Amendment to Antarctic Marine Living Resources Act 1981
176 Amendment to Antarctic Marine Living Resources Act 1981
Amendments to Antarctica (Environmental Protection) Act 1994
177 Amendments to Antarctica (Environmental Protection) Act 1994
Amendments to Aviation Crimes Act 1972
178 Amendments to Aviation Crimes Act 1972
Amendment to Boxing and Wrestling Act 1981
179 Amendment to Boxing and Wrestling Act 1981
9 Search warrants
Amendments to Civil Aviation Act 1990
180 Amendments to Civil Aviation Act 1990
Amendments to Conservation Act 1987
181 Amendments to Conservation Act 1987
Amendments to Customs and Excise Act 1996
182 Amendments to Customs and Excise Act 1996
183 Amendments to sections 139 to 141 of Customs and Excise Act 1996
184 Amendments to sections 144 to 173 of Customs and Excise Act 1996
185 Seizure and detention of goods suspected to be certain risk goods or evidence of commission of certain offences
186 Amendments to Part 17 of Customs and Excise Act 1996
Amendments to Dog Control Act 1996
187 Amendments to Dog Control Act 1996
Amendments to Electoral Act 1993
188 Amendments to Electoral Act 1993
Amendments to Electoral Finance Act 2007
189 Amendments to Electoral Finance Act 2007
Amendments to Extradition Act 1999
190 Amendments to Extradition Act 1999
Amendments to Films, Videos, and Publications Classification Act 1993
191 Amendments to Films, Videos, and Publications Classification Act 1993
192 New section 110 substituted
110 Application of Part 4 of Search and Surveillance Powers Act 2008
Amendments to Financial Transactions Reporting Act 1996
193 Amendments to Financial Transactions Reporting Act 1996
Amendment to Food Act 1981
194 Amendment to Food Act 1981
Amendments to Gambling Act 2003
195 Amendments to Gambling Act 2003
Amendments to Hazardous Substances and New Organisms Act 1996
196 Amendments to Hazardous Substances and New Organisms Act 1996
Amendments to Health Practitioners Competence Assurance Act 2003
197 Amendments to Health Practitioners Competence Assurance Act 2003
Amendments to Human Assisted Reproductive Technology Act 2004
198 Amendments to Human Assisted Reproductive Technology Act 2004
Amendments to Human Tissue Act 2008
199 Amendments to Human Tissue Act 2008
Amendments to Immigration Advisers Licensing Act 2007
200 Amendments to Immigration Advisers Licensing Act 2007
201 New sections 56 and 57 substituted
56 Purposes of inspection
57 Interpretation powers
202 Other amendments to Immigration Advisers Licensing Act 2007
Amendments to International Crimes and International Criminal Court Act 2000
203 Amendments to International Crimes and International Criminal Court Act 2000
Amendments to International War Crimes Tribunals Act 1995
204 Amendments to International War Crimes Tribunals Act 1995
Amendments to Land Transport Act 1998
205 Amendments to Land Transport Act 1998
Amendments to Local Government Act 2002
206 Amendments to Local Government Act 2002
Amendments to Marine Mammals Protection Act 1978
207 Amendments to Marine Mammals Protection Act 1978
208 New section 14 substituted
14 Officer may obtain warrant
Amendments to Marine Reserves Act 1971
209 Amendments to Marine Reserves Act 1971
Amendments to Maritime Security Act 2004
210 Amendments to Maritime Security Act 2004
Amendments to Maritime Transport Act 1994
211 Amendments to Maritime Transport Act 1994
Amendments to Motor Vehicle Sales Act 2003
212 Amendments to Motor Vehicle Sales Act 2003
Amendments to National Parks Act 1980
213 Amendments to National Parks Act 1980
Amendments to Overseas Investment Act 2005
214 Amendments to Overseas Investment Act 2005
Amendments to Ozone Layer Protection Act 1996
215 Amendments to Ozone Layer Protection Act 1996
216 New section 25 substituted
25 Retention of property seized
Amendment to Petroleum Demand Restraint Act 1981
217 Amendment to Petroleum Demand Restraint Act 1981
Amendments to Prostitution Reform Act 2003
218 Amendments to Prostitution Reform Act 2003
Amendments to Radiation Protection Act 1965
219 Amendments to Radiation Protection Act 1965
Amendments to Radiocommunications Act 1989
220 Amendments to Radiocommunications Act 1989
Amendments to Reserves Act 1977
221 Amendments to Reserves Act 1977
Amendments to Resource Management Act 1991
222 Amendments to Resource Management Act 1991
Amendments to Sale of Liquor Act 1989
223 Amendments to Sale of Liquor Act 1989
Amendments to Trade in Endangered Species Act 1989
224 Amendments to Trade in Endangered Species Act 1989
Amendments to Unsolicited Electronic Messages Act 2007
225 Amendments to Unsolicited Electronic Messages Act 2007
Amendments to Wild Animal Control Act 1977
226 Amendments to Wild Animal Control Act 1977
Amendments to Wildlife Act 1953
227 Amendments to Wildlife Act 1953
Amendments to Wine Act 2003
228 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 Commerce Act 1986
229 Amendments to Commerce Act 1986
Amendments to Fair Trading Act 1986
230 Amendments to Fair Trading Act 1986
Subpart 3—Other repeals and amendments
231 Arms Act 1983 amended
232 Crimes Act 1961 amended
233 Local Government Act 1974 amended
234 Misuse of Drugs Act 1975 amended
18 Seizing and destroying prohibited plants and seeds
235 Misuse of Drugs Amendment Act 1978 amended
236 Police Act 1958 amended
237 Summary Proceedings Act 1957 amended
238 Telecommunications (Residual Provisions) Act 1987 repealed
Subpart 4—Regulation-making powers, transitional provisions, and review provision
239 Regulations
Transitional provisions
240 Transitional provision in relation to reporting requirements
241 Transitional provision in relation to sections 198 to 199 of Summary Proceedings Act 1957
Review provision
242 Review of operation of Act
ScheduleSearch powers in other enactments to which Part 4 of Search and Surveillance Act 2008 applies
The Parliament of New Zealand enacts as follows: