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Search and Surveillance Act 2012

Police powers - Examination orders - Examination orders in business contexts

33: Inspector or more senior officer may apply for examination order in business context

You could also call this:

"A police inspector or higher can ask a Judge for an order to question someone about a business crime."

If you are a police officer of or above the level of inspector, you can apply to a Judge for an examination order against someone in a business context. You must be satisfied that certain conditions in section 34 are met, and your application must be approved by a senior officer. This senior officer can be a Deputy Commissioner, an Assistant Commissioner, or the District Commander of your police district.

You must make your application in writing and include details such as your name and a description of the offence you think has been committed. You also need to explain why you think the person has information about the offence and why you believe they got this information in a business context.

You must tell the Judge about the facts that show the person has not given you the information, even though you gave them a reasonable chance to do so.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136677.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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34: Conditions for making examination order in business context, or

"When police can question you about a serious crime at your workplace"

Part 2Police powers
Examination orders: Examination orders in business contexts

33Inspector or more senior officer may apply for examination order in business context

  1. A constable who is of or above the level of position of inspector may apply to a Judge for an examination order against a person in a business context if—

  2. the constable is satisfied that the conditions specified in section 34 are met in respect of the person; and
    1. the making of the application is approved by—
      1. a Deputy Commissioner; or
        1. an Assistant Commissioner; or
          1. the District Commander (other than an acting District Commander) of the Police district in which the constable is stationed.

          2. An application made under this section must be made in writing, and must set out the following particulars:

          3. the name of the applicant:
            1. a description of the offence that it is suspected has been committed, is being committed, or will be committed:
              1. the facts relied on to show reasonable grounds to suspect that an offence has been committed, or is being committed, or will be committed:
                1. a description of the information sought to be obtained by the examination order:
                  1. the facts relied on to show reasonable grounds to believe that the person against whom the order is sought has the information:
                    1. 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:
                      1. 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.