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Search and Surveillance Act 2012

Police powers - Examination orders - Other provisions relating to examination orders

42: Other provisions that apply to examination orders

You could also call this:

"Rules that also apply when the police get an order to examine something"

Illustration for Search and Surveillance Act 2012

You need to know some rules about examination orders. When an examination order is made, some other rules apply. These rules are found in section 105 and section 107. You should look at these sections to understand how they apply to examination orders. Some words in these sections have different meanings when they are used for examination orders. For example, "search warrant" means "examination order" and "issuing officer" means "the Judge issuing an examination order". The rules in section 107 also refer to conditions in section 34 or 36. These conditions are important for examination orders.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136690.

Topics:
Crime and justice > Police and safetyCrime and justice > Courts and legal help
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41: Duration of examination order, or

"How long an examination order lasts"

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43: Examination order reports, or

"Reports after a court-ordered examination to find evidence"

Part 2Police powers
Examination orders: Other provisions relating to examination orders

42Other provisions that apply to examination orders

  1. Section 105 (transmission of search warrants) applies to examination orders—

  2. as if a reference in that section to a search warrant were a reference to an examination order; and
    1. as if a reference in that section to an issuing officer were a reference to the Judge issuing an examination order.

      1. Section 107 (when a search warrant is invalid) applies to examination orders—

      2. as if a reference in that section to a search warrant were a reference to an examination order; and
        1. as if a reference in that section to the grounds or conditions for lawful issue of a search warrant were a reference to the conditions specified in section 34 or 36, as the case may be.

          Notes
          • Section 42: replaced, on , by section 6 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).