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Search and Surveillance Act 2012

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

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

You could also call this:

"When can police question you about a serious crime in a non-work situation?"

The police can make an order to question you in a non-business situation if they think a serious crime has been committed. You might be questioned if the crime involves serious fraud that could lead to a prison sentence of 7 years or more, or if it was committed by an organised criminal group as defined in section 98A(2) of the Crimes Act 1961. The police must also believe you have information about the crime and that you got this information in a non-business situation.

The police need to think you have information that could be used as evidence, and they must have already asked you for this information but you did not give it to them. They should have given you a fair chance to provide the information before they make the order to question you.

You will be questioned if the police meet all these conditions and they think it is necessary to investigate the crime.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136681.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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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."

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37: Other provisions that apply to examination order applications, or

"Extra rules to follow when asking for an examination order"

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

36Conditions for making examination order in non-business context

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

  2. 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—
    1. involves serious or complex fraud that is punishable by imprisonment for a term of 7 years or more; or
      1. has been committed, or is being committed, or will be committed wholly or partly by an organised criminal group as defined in section 98A(2) of the Crimes Act 1961; and
      2. 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 non-business context; and
          1. the person has been given a reasonable opportunity by a constable to provide that information and has not done so.