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Search and Surveillance Act 2012

Police powers - Examination orders - Making examination orders and contents of examination orders

38: Judge may make examination order

You could also call this:

"A Judge can order someone to answer questions if certain conditions are met."

A Judge can make an order to examine someone if you apply under section 33 or 35. The Judge must be satisfied that certain conditions are met, which are outlined in section 34 or 36. The Judge also needs to think it is reasonable to make the person answer questions, considering things like how serious the suspected crime is.

The Judge will look at the kind of information they want to get from the person, and how the person is connected to the suspect. They will also think about whether there are other ways to get the information they need. You can find more details about this in section 33 or 35, and the conditions are explained in section 34 or 36.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136685.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
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37: Other provisions that apply to examination order applications, or

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

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39: Form and content of examination order, or

"What to expect when you get an order to answer questions"

Part 2Police powers
Examination orders: Making examination orders and contents of examination orders

38Judge may make examination order

  1. A Judge may, on an application made under section 33 or 35, make an examination order against a person if the Judge is satisfied that—

  2. the conditions specified in section 34 or 36, as the case may be, are met in respect of the person; and
    1. 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.