Search and Surveillance Act 2012

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

39: Form and content of examination order

You could also call this:

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

When an examination order is made under section 38, it must be in a certain form. You must attend a meeting with the Commissioner or their delegate and answer questions about the information that the order is about.

The order must include your name, the reasons it was made, and the type of questions you will be asked. It must also say who will be asking the questions, where and when the meeting will take place, and what will happen after the meeting.

The order will tell you that a report about the meeting must be given to the Judge within one month after it happens, as stated in section 43. The Judge can also add other requirements to the order, such as what information must be included in the report, as mentioned in section 43.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136686.

Topics:

Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy

38: Judge may make examination order, or

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

40: Presence of lawyer, or

"You can have a lawyer with you when you appear in front of a Commissioner."

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

39Form and content of examination order

An examination order made under section 38 must be in the prescribed form, if any, and must require the person against whom it is made—
to attend before the Commissioner or a delegate of the Commissioner; and
to answer any questions that are relevant to the information in respect of which the order was made.

The examination order must set out the following:
the name of the person required to comply with the order:
the grounds on which the order is made:
the nature of the questions that the person is to be asked, being questions that are relevant to the information in respect of which the order was made:
if the examination is to be conducted by a delegate of the Commissioner, the name of the delegate:
a condition that, in accordance with section 43, an examination order report must be provided within 1 month after the completion of the examination conducted under the order to the Judge who made the order or, if that Judge is unable to act, to a Judge of the same court as the Judge who made the order:
any requirement that the Judge making the order considers reasonable for inclusion of specified information in the examination order report provided under section 43:
where the examination is to take place:
when the examination is to take place or how a time for the examination is to be fixed.