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Search and Surveillance Act 2012

Enforcement officers' powers and orders - Surveillance device warrants and declaratory orders - Surveillance device warrants

48: Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency

You could also call this:

"No warrant needed in emergencies for surveillance devices to prevent serious crimes."

If you are an enforcement officer, you might not need to get a special warrant to use a surveillance device in emergency situations. You can use the device for up to 48 hours without a warrant if you are allowed to apply for one, but it is not practical to get one in time. You must have good reasons to think a serious crime is happening or will happen soon.

You can use a surveillance device without a warrant if you think someone is planning a terrorist act, or a serious crime involving arms or drugs. You can also use one if you think someone has a thing that they should not have, and you need to seize it. In these situations, you can enter a place, break open something, or move a vehicle to install or remove the surveillance device.

This rule is connected to other parts of the law, like section 6B(1) of the Terrorism Suppression Act 2002, and section 45 of the Search and Surveillance Act 2012. You can use force to install or remove the device, but only if it is reasonable in the situation. Remember, you must follow the rules and only use the surveillance device when it is really necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136701.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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47: Some activities that do not require warrant under this subpart, or

"When enforcement officers don't need a special permit to do their job"

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49: Application for surveillance device warrant, or

"How to apply for a special permit to use a surveillance device to help solve a crime"

Part 3Enforcement officers' powers and orders
Surveillance device warrants and declaratory orders: Surveillance device warrants

48Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency

  1. An enforcement officer who is in any 1 or more of the situations set out in subsection (2) may use a surveillance device for a period not exceeding 48 hours from the time the surveillance device is first used without obtaining a surveillance device warrant, if—

  2. he or she is entitled to apply for a surveillance device warrant in relation to those situations; but
    1. obtaining a surveillance device warrant within the time in which it is proposed to undertake the surveillance is impracticable in the circumstances.

      1. The situations are as follows:

      2. the enforcement officer has reasonable grounds—
        1. to suspect that an offence punishable by a term of imprisonment of 14 years or more or an offence against section 6B(1) (terrorist act: planning or other preparations to carry out) of the Terrorism Suppression Act 2002 has been, is being, or is about to be committed; and
          1. to believe that use of the surveillance device would obtain evidential material in relation to the offence:
          2. the enforcement officer has reasonable grounds—
            1. to suspect that any 1 or more of the circumstances set out in section 14(2) exist; and
              1. to believe that use of the surveillance device is necessary to prevent the offending from being committed or continuing, or to avert the emergency:
              2. the enforcement officer has reasonable grounds—
                1. to suspect that any 1 or more of the circumstances set out in section 18(2) exist; and
                  1. to believe that use of the surveillance device is necessary to facilitate the seizure of the arms:
                  2. the enforcement officer has reasonable grounds—
                    1. to suspect that a category 3 or 4 offence in relation to arms or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed; and
                      1. to believe that use of the surveillance device would obtain evidential material in relation to the offence:
                      2. the enforcement officer has reasonable grounds—
                        1. to suspect that an offence has been committed, or is being committed, or is about to be committed in relation to a controlled drug specified or described in Schedule 1, Part 1 of Schedule 2, or Part 1 of Schedule 3 of the Misuse of Drugs Act 1975, or to a precursor substance specified or described in Part 3 of Schedule 4 of that Act; and
                          1. to believe that use of the surveillance device would obtain evidential material in relation to the offence:
                          2. the enforcement officer has reasonable grounds—
                            1. to believe that a person is in possession of any 1 or more of the things described in section 81(2)(a) to (d); and
                              1. to believe that use of the surveillance device is necessary to facilitate the thing's seizure.

                              2. An enforcement officer using, or intending to use, a surveillance device in accordance with subsection (1) may do any or all of the following, using any force that is reasonable in the circumstances to do so, in order to install, maintain, or remove the surveillance device, or to access and use electricity to power the surveillance device:

                              3. enter any premises, area, or vehicle:
                                1. break open or interfere with any vehicle or other thing:
                                  1. temporarily remove any vehicle or other thing from any place where it is found and return it to that place.

                                    1. This section is subject to section 45.

                                    Notes
                                    • Section 48(2)(a)(i): amended, on , by section 42 of the Counter-Terrorism Legislation Act 2021 (2021 No 37).