Search and Surveillance Act 2012

If you need more information about this Act, please contact the administering agency: Ministry of Justice

Part 1 General provisions

3 Interpretation

(1)

In this Act, unless the context otherwise requires,—

access, in relation to any computer system, means instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system

access information includes codes, passwords, and encryption keys, and any related information that enables access to a computer system or any other data storage device

arms means any firearm, airgun, pistol, prohibited magazine, restricted weapon, imitation firearm, or explosive (as those terms are defined in the Arms Act 1983), or any ammunition

business context, in relation to the acquisition of any information by a person, means the acquisition of the information in the person’s capacity as—

(a)

a provider of professional services or professional advice in relation to a person who is being investigated, or 1 or more of whose transactions are being investigated, in respect of an offence; or

(b)

a director, manager, officer, trustee, or employee of an entity that is being investigated, or 1 or more of whose transactions are being investigated, in respect of an offence

category 3 offence has the same meaning as in section 6 of the Criminal Procedure Act 2011

category 4 offence has the same meaning as in section 6 of the Criminal Procedure Act 2011

chief executive—

(a)

means the chief executive (however described) of any department of State, Crown entity, local authority, or other body that employs or engages enforcement officers as part of its functions; and

(b)

includes the Commissioner

Commissioner means the Commissioner of Police

computer system—

(a)

means—

(i)

a computer; or

(ii)

2 or more interconnected computers; or

(iii)

any communication links between computers or to remote terminals or another device; or

(iv)

2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and

(b)

includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and stored data

constable has the same meaning as in section 4 of the Policing Act 2008

controlled drug has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975

Crown entity has the same meaning as in section 7(1) of the Crown Entities Act 2004

Customs officer has the meaning given to it in section 5(1) of the Customs and Excise Act 2018

District Court Judge means a Judge appointed under the District Court Act 2016

enforcement officer means—

(a)

a constable; or

(b)

any person authorised by an enactment specified in column 2 of the Schedule, or by any other enactment that expressly applies any provision in Part 4, to exercise a power of entry, search, inspection, examination, or seizure

equipment includes fingerprint powder and any chemical or other substance used for law enforcement purposes

evidential material, in relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence

examination order means an examination order made under section 38

informant has the same meaning as in section 6(1) of the Criminal Disclosure Act 2008

intercept, in relation to a private communication, includes hear, listen to, record, monitor, acquire, or receive the communication either—

(a)

while it is taking place; or

(b)

while it is in transit

interception device—

(a)

means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept or record a private communication (including a telecommunication); but

(b)

does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing

issuing officer means—

(a)

a Judge:

(b)

a person, such as a Justice of the Peace, Community Magistrate, Registrar, or Deputy Registrar, who is for the time being authorised to act as an issuing officer under section 108

Judge means a District Court Judge or a Judge of the High Court

law enforcement agency means any department of State, Crown entity, local authority, or other body that employs or engages enforcement officers as part of its functions

local authority means a local authority within the meaning of section 5(1) of the Local Government Act 2002

medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine

non-business context means a context other than a business context

non-private premises means premises, or part of a premises, to which members of the public are frequently permitted to have access, and includes any part of a hospital, bus station, railway station, airport, or shop

nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of general nursing functions

Police article has the same meaning as in section 4 of the Policing Act 2008

Police bail has the same meaning as in Part 2 of the Bail Act 2000

Police employee has the same meaning as in section 4 of the Policing Act 2008

Police uniform has the same meaning as in section 4 of the Policing Act 2008

precursor substance has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975

private activity means activity that, in the circumstances, any 1 or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants

private communication—

(a)

means a communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but

(b)

does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so

private premises means a private dwellinghouse, a marae, and any other premises that are not within the definition of non-private premises

production order means a production order made under section 74

raw surveillance data—

(a)

means actual video recordings or actual audio recordings; and

(b)

includes full transcripts, or substantial parts of transcripts, of audio recordings

remote access search means a search of a thing such as an Internet data storage facility that does not have a physical address that a person can enter and search

road block means any form of barrier or obstruction preventing or limiting the passage of vehicles

rub-down search means a search described in sections 85(2), 86, and 87

search power, in relation to any provision in this Act, means—

(a)

every search warrant issued under this Act or an enactment set out in column 2 of the Schedule to which that provision is applied; and

(b)

every power, conferred under this Act or an enactment set out in column 2 of the Schedule to which that provision is applied, to enter and search, or enter and inspect or examine (without warrant) any place, vehicle, or other thing, or to search a person

strip search means a search where the person conducting the search may require the person being searched to undress, or to remove, raise, lower, or open any item or items of clothing so that the genitals, buttocks, or (in the case of a female) breasts are—

(a)

uncovered; or

(b)

covered only by underclothing

surveillance device means a device that is any 1 or more of the following kinds of devices:

(a)

an interception device:

(b)

a tracking device:

(c)

a visual surveillance device

thing seized does not include anything made or generated by a person exercising a search or surveillance power (for example, photographs, drawings, or audio or video recordings made by or on behalf of that person, or a forensic copy of a computer hard drive)

tracking device—

(a)

means a device that may be used to help ascertain, by electronic or other means, either or both of the following:

(i)

the location of a thing or a person:

(ii)

whether a thing has been opened, tampered with, or in some other way dealt with; but

(b)

does not include a vehicle or other means of transport, such as a boat or helicopter

trespass surveillance means surveillance that involves trespass to land or trespass to goods

unique identifier, in relation to an enforcement officer, means an identifier, used to identify the officer, that is not his or her name and that—

(a)

is assigned to him or her by the law enforcement agency that employs or engages him or her for the purposes of its operations; and

(b)

uniquely identifies him or her in relation to the law enforcement agency

unlawfully at large, in relation to a person, means that he or she is any 1 or more of the following:

(a)

a person for whose arrest a warrant (other than a warrant issued under Part 3 of the Summary Proceedings Act 1957) is in force:

(b)

unlawfully at large within the meaning of the Corrections Act 2004 or the Parole Act 2002:

(c)

a prison breaker within the meaning of section 119 of the Crimes Act 1961:

(d)

an escapee from lawful custody within the meaning of section 120 of the Crimes Act 1961:

(e)

a special patient or restricted patient within the meaning of the Mental Health (Compulsory Assessment and Treatment) Act 1992 who has escaped or failed to return on the expiry or cancellation of a period of leave:

(f)

a care recipient or special care recipient within the meaning of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 who has escaped or failed to return on the expiry or cancellation of a period of leave:

(g)

a young person within the meaning of the Oranga Tamariki Act 1989 who is subject to an order made under section 311(1) of that Act and who is absconding from the custody of the chief executive (as defined in that Act)

vehicle means any conveyance that is capable of being moved under a person’s control, whether or not the conveyance is used for the carriage of persons or goods, and includes a motor vehicle, aircraft, train, ship, or bicycle

visual surveillance device—

(a)

means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record, a private activity; but

(b)

does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision

visual trespass surveillance means trespass surveillance involving the use of a visual surveillance device.

(2)

For the purposes of the definition of computer system, a computer is interconnected with another computer if it can be lawfully used to provide access to that other computer—

(a)

with or without access information; and

(b)

whether or not either or both computers are currently turned on; and

(c)

whether or not access is currently occurring.

Section 3(1) arms: amended, on 12 April 2019, by section 73 of the Arms (Prohibited Firearms, Magazines, and Parts) Amendment Act 2019 (2019 No 12).

Section 3(1) Customs officer: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).

Section 3(1) District Court Judge: amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 3(1) unlawfully at large paragraph (g): amended, on 14 July 2017, by section 149 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).