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Search and Surveillance Act 2012

Police powers - Examination orders - Examination orders in contexts other than those of business

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

You could also call this:

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

If you are a police officer who is an inspector or higher, you can ask a Judge for an examination order against someone in a situation that is not related to business. You can do this if you believe the conditions in section 36 are met for that person, and if your application is approved by 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, the offence you think has been or will be committed, and the information you want to get from the examination order.

You also need to explain why you think the person has the information you are looking for, how they got it, and why you think they have not already given you the information when they had the chance.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136680.

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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"

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36: Conditions for making examination order in non-business context, or

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Part 2Police powers
Examination orders: Examination orders in contexts other than those of business

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

  2. the constable is satisfied that the conditions specified in section 36 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 non-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.