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Search and Surveillance Act 2012

Police powers - Examination orders - Examination orders in business contexts

34: Conditions for making examination order in business context

You could also call this:

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

The police can make an order to question you in a business setting if they think a serious crime has been committed. You must have information that could be used as evidence about the crime. The police must also think you got this information while doing business.

The police must believe you have not already shared this information with them when they asked you. They need to have already asked you for the information and you did not give it to them. This is all part of what is called an examination order in a business context, under the Search and Surveillance Act 2012. The crime they are investigating must be punishable by imprisonment for 5 years or more.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136678.

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Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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33: Inspector or more senior officer may apply for examination order in business context, or

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

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35: Inspector or more senior officer may apply for examination order in non-business context, or

"A police boss can ask a Judge to make someone answer questions in a non-work situation."

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

34Conditions for making examination order in business context

  1. The conditions for making an examination order in a business context against a person are that—

  2. 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
    1. 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
      1. 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
        1. the person has been given a reasonable opportunity by a constable to provide that information and has not done so.