Search and Surveillance Act 2012

Enforcement officers' powers and orders - Surveillance device warrants and declaratory orders - Issuing of surveillance device warrant

54: Restrictions on issue of surveillance device warrant

You could also call this:

"Rules to stop spying on private chats between lawyers and clients"

A Judge cannot give a special permission called a surveillance device warrant if it is mainly to spy on or record conversations between a lawyer and their client. This is because these conversations are usually private and protected by a rule called legal professional privilege. You need to know that legal professional privilege means that what you tell your lawyer is secret and cannot be shared with others, but a Judge can allow spying if they think the conversation is for a dishonest purpose or to plan a crime.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136708.


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53: Who may issue surveillance device warrant, or

"Who can give permission for a surveillance device warrant?"


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55: Form and content of surveillance device warrant, or

"What a surveillance device warrant must look like and what it can be used for"

Part 3Enforcement officers' powers and orders
Surveillance device warrants and declaratory orders: Issuing of surveillance device warrant

54Restrictions on issue of surveillance device warrant

  1. A Judge must not issue a surveillance device warrant that is primarily intended to facilitate surveillance or recording of activity between a lawyer and his or her client that is communication of a kind to which legal professional privilege normally applies unless the Judge is satisfied that there is a prima facie case that the communication is to be made or received—

  2. for a dishonest purpose; or
    1. for the purpose of planning to commit or committing an offence.