to suspect that an offence specified in the application and punishable by imprisonment has been committed, or is being committed, or will be committed; and

to believe that the search will find evidential material in respect of the offence in or on the place, vehicle, or other thing specified in the application.

to suspect that a person is unlawfully at large; and

to believe that the person is there.

enter a place or vehicle without a warrant; and

search for and arrest a person that the constable suspects has committed the offence.

to suspect that the person has committed an offence that is punishable by imprisonment and for which he or she may be arrested without warrant; and

to believe that the person is there; and

to believe that, if entry is not effected immediately, either or both of the following may occur:

to suspect that a person—

to believe that the person is in or on the vehicle.

require any person in or on the vehicle who the constable has reasonable grounds to suspect is unlawfully at large or has committed an offence punishable by imprisonment to supply all or any of his or her name, address, other contact details, and date of birth:

search the vehicle to locate the person referred to in section 9, if the constable has reasonable grounds to believe that the person is in or on the vehicle:

search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under section 9, if the person referred to in section 9—

has been taken into lawful custody; and

is—

is, or is to be, locked up (whether pending a decision as to bail under section 21 of the Bail Act 2000, or in any other circumstances).

the person has not been searched under subsection (2); or

the person, since any search was conducted under subsection (2), has been in close proximity, or is reasonably suspected of having been in close proximity, to a person who was not locked up in Police custody (other than an enforcement officer or a searcher); or

the person, since any search was conducted under subsection (2), has been in close proximity, or is reasonably suspected of having been in close proximity, to another person who was eligible to be searched under this subsection but was not searched; or

there are reasonable grounds to believe that the person is in possession of anything that may be used to harm himself or herself or others.

by someone of the same sex as the person to be searched; or

within a reasonable time of the person being taken into custody.

any money or property that, in the opinion of a constable, may need to be given in evidence in proceedings arising out of a charge brought against the person:

any money or property whose possession may, in the opinion of a constable, constitute an offence.

to the person into whose custody he or she is released; or

to the person in charge of the facility, if he or she is being released from Police custody in order to be held in custody in the facility.

section 40 of the Policing Act 2008; or

section 377 of the Criminal Procedure Act 2011.

enter the place or vehicle without a warrant; and

take any action that he or she has reasonable grounds to believe is necessary to prevent the offending from being committed or continuing, or to avert the emergency.

an offence is being committed, or is about to be committed, that would be likely to cause injury to any person, or serious damage to, or serious loss of, any property:

there is risk to the life or safety of any person that requires an emergency response.

to suspect that an offence punishable by imprisonment for a term of 14 years or more has been committed, or is being committed, or is about to be committed; and

to believe—

search the person:

search any thing in the person’s possession or under his or her control (including a vehicle):

enter a place or vehicle to carry out any activity under paragraph (a) or (b):

seize and detain any arms found:

seize and detain any licence under the Arms Act 1983 that is found.

he or she is in breach of the Arms Act 1983; or

he or she, by reason of his or her physical or mental condition (however caused),—

that, under the Family Violence Act 2018,—

in respect of which a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed; or

that may be evidential material in relation to a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983.

to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is—

to suspect that in or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance; and

to believe that, if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.

to believe that the person is in possession of—

to suspect that an offence against the Misuse of Drugs Act 1975 has been committed, is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.

limit section 20 or 21; or

authorise a constable to enter or search a place or vehicle except in accordance with those sections.

an X-ray machine or other similar device; or

a manual or visual examination (whether or not facilitated by any instrument or device) through any body orifice.

the person is under arrest for an offence against section 6, 7, or 11 of the Misuse of Drugs Act 1975; and

the constable has reasonable grounds to believe that the person has secreted within his or her body any property—

considers that to do so may be prejudicial to the person’s health; or

is satisfied that the person is not prepared to permit an internal examination to be conducted.

the expiry of 2 days after the day on which the person was required under section 23(1) to permit an internal examination by a medical practitioner:

the person permits the examination to be conducted.

the person fails to permit an internal examination to be conducted under section 23; and

the court is satisfied that the requirement under section 23(1) was properly made on reasonable grounds.

the Bail Act 2000:

the Misuse of Drugs Act 1975:

the Criminal Procedure Act 2011.

to suspect that an offence against section 78 or 78AA of the Crimes Act 1961 has been, is being, or will be committed and that the case is one of great urgency and requires immediate action; and

to believe that there is evidence in any place, or in or on any vehicle or other thing, as to the commission of that offence or evidence of a thing that is intended to be used for the purpose of committing that offence.

a person travelling in the vehicle or who has alighted from it is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances); and

the vehicle contains a knife, offensive weapon, or disabling substance.

has reasonable grounds to believe that in or on a vehicle there is a person who the constable has reasonable grounds to suspect—

has reasonable grounds to suspect that the vehicle will travel past the place where it is proposed that the road block be established; and

is satisfied that, as far as is reasonably practicable, the safety of all road users will be ensured in the area in which it is proposed that the road block be established.

is valid for an initial period not exceeding 24 hours specified by the person giving the authorisation; and

may be renewed from time to time by a District Court Judge for a single further period not exceeding 24 hours specified in writing by the Judge.

the location of the road block that was authorised:

the period or periods for which the authorisation was granted or renewed:

the grounds on which the authorisation was granted or renewed.

establish a road block at the place specified in the authorisation:

stop vehicles at or in the vicinity of the road block:

require any person in or on any vehicle stopped by the road block who the constable has reasonable grounds to suspect has committed an offence punishable by imprisonment to state any or all of his or her name, address, and date of birth:

search the vehicle for the purpose of locating a person referred to in section 30(2)(a)(i) or (ii), if the constable or any other constable has reasonable grounds to believe that the person is in or on the vehicle.

the constable is satisfied that the conditions specified in section 34 are met in respect of the person; and

the making of the application is approved by—

the name of the applicant:

a description of the offence that it is suspected has been committed, is being committed, or will be committed:

the facts relied on to show reasonable grounds to suspect that an offence has been committed, or is being committed, or will be committed:

a description of the information sought to be obtained by the examination order:

the facts relied on to show reasonable grounds to believe that the person against whom the order is sought has the information:

the facts that indicate that the person against whom the order is sought acquired the information in respect of which the order is sought in a business context:

the facts that indicate that the person against whom the order is sought has been given a reasonable opportunity by a constable to provide the information but has not done so.

there are reasonable grounds to suspect that an offence punishable by imprisonment for a term of 5 years or more has been committed, or is being committed, or will be committed; and

there are reasonable grounds to believe that the person sought to be examined has information that constitutes evidential material in respect of the offence; and

there are reasonable grounds to believe that the person sought to be examined acquired the information in respect of which the order is sought in a business context; and

the person has been given a reasonable opportunity by a constable to provide that information and has not done so.

the constable is satisfied that the conditions specified in section 36 are met in respect of the person; and

the making of the application is approved by—

the name of the applicant:

a description of the offence that it is suspected has been committed, is being committed, or will be committed:

the facts relied on to show reasonable grounds to suspect that an offence has been committed, or is being committed, or will be committed:

a description of the information sought to be obtained by the examination order:

the facts relied on to show reasonable grounds to believe that the person against whom the order is sought has the information:

the facts that indicate that the person against whom the order is sought acquired the information in respect of which the order is sought in a non-business context:

the facts that indicate that the person against whom the order is sought has been given a reasonable opportunity by a constable to provide the information but has not done so.

there are reasonable grounds to suspect that an offence punishable by imprisonment has been committed, or is being committed, or will be committed, and the offence—

there are reasonable grounds to believe that the person sought to be examined has information that constitutes evidential material in respect of the offence; and

there are reasonable grounds to believe that the person sought to be examined acquired the information in respect of which the order is sought in a non-business context; and

the person has been given a reasonable opportunity by a constable to provide that information and has not done so.

any reference in those provisions to a search warrant were a reference to an examination order; and

any reference in those provisions to an issuing officer were a reference to a Judge; and

any reference in those provisions to the District Court were a reference to the District Court or a High Court, as the case may be.

section 98(2) (relating to requirements for further information); and

section 99 (relating to verification of application); and

section 100(1), (2), and (4) (relating to mode of application); and

section 101 (relating to retention of documents).

the conditions specified in section 34 or 36, as the case may be, are met in respect of the person; and

it is reasonable to subject the person to compulsory examination, having regard to the nature and seriousness of the suspected offending, the nature of the information sought, the relationship between the person to be examined and the suspect, and any alternative ways of obtaining the information.

to attend before the Commissioner or a delegate of the Commissioner; and

to answer any questions that are relevant to the information in respect of which the order was made.

the name of the person required to comply with the order:

the grounds on which the order is made:

the nature of the questions that the person is to be asked, being questions that are relevant to the information in respect of which the order was made:

if the examination is to be conducted by a delegate of the Commissioner, the name of the delegate:

a condition that, in accordance with section 43, an examination order report must be provided within 1 month after the completion of the examination conducted under the order to the Judge who made the order or, if that Judge is unable to act, to a Judge of the same court as the Judge who made the order:

any requirement that the Judge making the order considers reasonable for inclusion of specified information in the examination order report provided under section 43:

where the examination is to take place:

when the examination is to take place or how a time for the examination is to be fixed.

any reference in those provisions to a warrant or search warrant were a reference to an examination order; and

any reference in those provisions to an issuing officer were a reference to the Judge issuing an examination order.

whether the examination resulted in obtaining evidential material:

whether any criminal proceedings have been brought or are under consideration as a result of evidential material obtained by means of the examination:

any other information stated in the order as being required for inclusion in the examination order report.

that is punishable by a term of imprisonment of 7 years or more; or

against section 16(4), 16A, 43, 43AA, 44, 44AA, 44A, 45, 50, 50A, 50AA, 50B, 50C, 50CA, 50D, 51, 53A(2), 54, 55, or 55A of the Arms Act 1983; or

against section 25, 26, or 70 of the Psychoactive Substances Act 2013.

that is punishable by a term of imprisonment of 7 years or more; or

against section 16(4), 16A, 44, 44A, 45, 50, 50A, 50B, 50C, 50D, 51, 53A(2), 54, 55, or 55A of the Arms Act 1983; or

against section 25, 26, or 70 of the Psychoactive Substances Act 2013.

use of an interception device to intercept a private communication:

use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods:

observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:

use of a surveillance device that involves trespass to land or trespass to goods:

observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—

the enforcement officer—

covert audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them:

activities carried out under an authorisation issued under Part 4 of the Intelligence and Security Act 2017:

activities carried out by the enforcement officer’s use of a surveillance device, if that use is authorised under any enactment other than this Act.

he or she is entitled to apply for a surveillance device warrant in relation to those situations; but

obtaining a surveillance device warrant within the time in which it is proposed to undertake the surveillance is impracticable in the circumstances.

the enforcement officer has reasonable grounds—

the enforcement officer has reasonable grounds—

the enforcement officer has reasonable grounds—

the enforcement officer has reasonable grounds—

the enforcement officer has reasonable grounds—

the enforcement officer has reasonable grounds—

enter any premises, area, or vehicle:

break open or interfere with any vehicle or other thing:

temporarily remove any vehicle or other thing from any place where it is found and return it to that place.

the name of the applicant:

the provision authorising the making of an application for a search warrant in respect of the suspected offence:

the grounds on which the application is made:

the suspected offence in relation to which the surveillance device warrant is sought:

the type of surveillance device to be used:

the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed surveillance:

a description of the evidential material believed to be able to be obtained by use of the surveillance device:

the period for which the warrant is sought.

the details of any other applications for a search warrant or a surveillance device warrant that the applicant knows to have been made within the previous 3 months in respect of the person, place, vehicle, or other thing proposed as the object of the surveillance; and

the result of that application or those applications.

a constable; or

an enforcement officer employed or engaged by a law enforcement agency that has been approved by an Order in Council made under section 50.

to carry out visual trespass surveillance:

to use interception devices.

the technical capability to intercept private communications in a manner that ensures the reliability of any information obtained through the use of an interception device; and

policies and procedures in place to ensure that the integrity of any information obtained through the use of an interception device is preserved; and

the expertise—

the New Zealand Customs Service; or

the Department of Internal Affairs.

there are reasonable grounds—

the restrictions in section 45 do not prevent the issuing of a surveillance device warrant in the circumstances.

any reference in those provisions to a search warrant were a reference to a surveillance device warrant; and

any reference in those provisions to an issuing officer were a reference to a Judge; and

any reference in those provisions to the District Court were a reference to the District Court or a High Court, as the case may be.

section 98(2) (relating to requirements for further information); and

section 99 (relating to verification of application); and

section 100 (relating to mode of application); and

section 101 (relating to retention of documents).

for a dishonest purpose; or

for the purpose of planning to commit or committing an offence.

be in the prescribed form, if any; and

be directed to every enforcement officer who has authority to carry out the activities authorised by the surveillance device warrant; and

specify a period, of no more than 60 days after the date on which the warrant is issued, for which it is in force; and

contain a condition that, in accordance with section 59, a surveillance device warrant report must be provided within 1 month after the expiry of the period for which the warrant is in force to the Judge who issues the warrant or, if that Judge is unable to act, to a Judge of the same court as the Judge who issues the warrant; and

contain a condition that the enforcement officer carrying out the activities authorised by the warrant must not use any communication obtained under the authority of the warrant unless the privilege is waived or its use is authorised by a Judge, if he or she has reasonable grounds to believe that the communication may be subject to a privilege specified in section 136.

the name of the Judge issuing the warrant and the date of issue:

the provision authorising the making of an application for a search warrant in respect of the suspected offence:

the type of surveillance device the use of which the warrant authorises:

the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed surveillance:

the evidential material relating to the suspected offence that may be obtained by use of the surveillance device:

that an enforcement officer carrying out the activities authorised by the warrant may use any assistance that is reasonable in the circumstances:

that an enforcement officer who, while carrying out the activities authorised by the warrant, obtains the content of a telecommunication may direct the relevant network operator to provide call associated data (as defined in section 3 of the Telecommunications (Interception Capability and Security) Act 2013) that is—

that, subject to section 45, an enforcement officer carrying out the activities authorised by the warrant may do any or all of the following, using any force that is reasonable in the circumstances to do so, in order to install, maintain, or remove the surveillance device, or to access and use electricity to power the surveillance device:

any or all of the persons to whom it is directed:

any assistant—

that is not the offence in respect of which the warrant was issued or in respect of which the surveillance device was lawfully put into use, as the case requires; but

in respect of which a surveillance device warrant could have been issued or a surveillance device could have been lawfully used.

any reference in those provisions to a warrant or search warrant were a reference to a surveillance device warrant; and

any reference in those provisions to an issuing officer were a reference to the Judge issuing a surveillance device warrant.

whether carrying out the activities authorised by the surveillance device warrant resulted in obtaining evidential material:

whether or not the evidential material obtained as a result of carrying out the activities authorised by the warrant was evidential material specified in the warrant in accordance with section 55(3)(e):

the circumstances in which the surveillance device was used:

whether any criminal proceedings have been brought or are under consideration as a result of evidential material obtained under the warrant:

any other information stated in the warrant as being required for inclusion in the surveillance device warrant report.

whether the use of the surveillance device resulted in—

the circumstances in which the surveillance device was used.

give directions as to the destruction or retention of the material obtained as a result of the surveillance:

if he or she considers that the surveillance activities carried out were in breach of any of the conditions of the warrant’s issue, or of any applicable statutory provision, report on the breach to the chief executive of the relevant agency:

order that the subject of the surveillance be notified.

that the circumstances set out in subsection (3) exist; and

that—

any investigation by the law enforcement agency:

the safety of informants or undercover officers:

the supply of information to the law enforcement agency:

any international relationships of the law enforcement agency.

give directions as to the destruction or retention of the material obtained as a result of the use of the surveillance device:

if he or she considers that the use of the surveillance device was not authorised under section 48, report accordingly to the chief executive of the relevant agency:

order that the subject of the surveillance be notified.

the circumstances set out in subsection (3) exist; and

use of the surveillance device was a serious breach of the criteria set out in section 48.

any investigation by the law enforcement agency:

the safety of informants or undercover officers:

the supply of information to the law enforcement agency:

any international relationships of the law enforcement agency.

until the conclusion of criminal proceedings in relation to an offence in respect of which the data was collected, including the later of—

until the later of a maximum period of 3 years, or any further period specified in an order made under subsection (2), if—

the agency applies for the order before the expiry of the initial 3-year period; and

the Judge is satisfied that the data is required for that ongoing investigation.

the law enforcement agency that collected the raw surveillance data applies for the order; and

the Judge is satisfied that the excerpts may be required for a future investigation.

any direction given under section 61(1)(a) or 62(1)(a); and

any enactment requiring the retention of information that is part of a court record.

the enforcement officer wishes to use a device, technique, or procedure, or to carry out an activity, that is not specifically authorised by another statutory regime; and

the use of the device, technique, or procedure, or the carrying out of the activity, may constitute an intrusion into the reasonable expectation of privacy of any other person.

the name of the applicant:

a description of the device, technique, procedure, or activity, with enough detail to enable the Judge to understand what is proposed to be used or undertaken:

the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed use of the device, technique, or procedure, or of the proposed activity (if available):

the circumstances in which the device, technique, or procedure is proposed to be used, or in which the activity is proposed to be undertaken:

the purpose for which the device, technique, or procedure is to be used, or for which the activity is to be undertaken.

the name of the Judge making the order and the date the order is made:

a description of the device, technique, procedure, or activity that the order relates to, with enough detail to enable the enforcement officer using the device, technique, or procedure, or undertaking the activity, to understand what is covered by the order:

the name, address, or other description of the person, place, vehicle, or other thing that is the object of the use of the device, technique, or procedure, or of the activity (if available):

the circumstances in which the device, technique, or procedure is to be used, or in which the activity is to be undertaken:

the purpose for which the device, technique, procedure, or activity is to be used, or for which the activity is to be undertaken.

the name of the applicant:

the provision authorising the making of an application for a search warrant in respect of the suspected offence:

a description of the offence that it is suspected has been committed, is being committed, or will be committed:

the facts relied on to show reasonable grounds to suspect that an offence has been committed, or is being committed, or will be committed:

a description of the documents for which production is sought:

the facts relied on to show reasonable grounds to believe the documents sought are in the possession or under the control of the person against whom the order is sought:

whether the person against whom the order is made should be required to produce,—

to suspect that an offence has been committed, or is being committed, or will be committed (being an offence in respect of which this Act or any enactment specified in column 2 of the Schedule authorises an enforcement officer to apply for a search warrant); and

to believe that the documents sought by the proposed order—

section 98(2) (relating to requirements for further information); and

section 99 (relating to verification of application); and

section 100 (relating to mode of application); and

section 101 (relating to retention of documents).

to give the enforcement officer who applied for the order, or a person identified in the order, any documents described in the order that are in the possession or under the control of person A, and, if section 71(2)(g)(ii) applies to the order, documents described in the order that come into the possession or under the control of person A while the order is in force; and

if any of those documents are not, or are no longer, in the possession or under the control of person A, to disclose, to the best of person A’s knowledge or belief, the location of those documents to the enforcement officer who applied for the order or to the person identified in the order.

the name of person A:

the grounds on which the order is made:

the documents required to be given:

whether the documents must be produced on 1 occasion only, or whether they are required to be produced on an ongoing basis for the duration of the entire order:

the time by which, and the way in which, the documents must be produced.

retain the original document produced if it is relevant to the investigation:

take copies of the document, or of extracts from the document:

if necessary, require the person producing the document to reproduce, or to assist any person nominated by the chief executive or a delegate of the chief executive to reproduce, in usable form, any information recorded or stored in the document.