Search and Surveillance Act 2012

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

60: Report on use of surveillance device in situation of urgency or emergency

You could also call this:

"Reporting on using spy devices in emergencies"

Illustration for Search and Surveillance Act 2012

You need to know what happens when an enforcement officer uses a surveillance device in an urgent or emergency situation. If an officer uses a surveillance device under section 48, they must give a report to a Judge within one month. The report must say if the surveillance device helped get evidence or stop an offence. You will be told that the report must include certain information, such as whether the surveillance device was used to get evidence of a crime, as outlined in section 48(2)(a), (d), or (e), or to prevent an offence, as outlined in section 48(2)(b), or to seize arms, as outlined in section 48(2)(c). The report must also describe the circumstances in which the surveillance device was used. A Judge can ask the officer for more information about what happened when the surveillance device was used.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136716.

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"Telling the Judge what happened with a surveillance device warrant"


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61: Actions on receipt of surveillance device warrant report, or

"What happens when a Judge gets a report about surveillance"

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

60Report on use of surveillance device in situation of urgency or emergency

  1. An enforcement officer who uses a surveillance device under the authority of section 48 must provide a report to a Judge within 1 month after the date of the last day of any period of 48 hours or less over which the surveillance device was used.

  2. The report made under subsection (1) must contain the following information:

  3. whether the use of the surveillance device resulted in—
    1. obtaining evidential material of the relevant offence (in the case of use of a surveillance device in a situation set out in section 48(2)(a), (d), or (e)); or
      1. preventing the offending from being committed or continuing, or averting the emergency (in the case of use of a surveillance device in a situation set out in section 48(2)(b)); or
        1. facilitating the seizure of the arms (in the case of use of a surveillance device in a situation set out in section 48(2)(c)); and
        2. the circumstances in which the surveillance device was used.
          1. A Judge who receives a report under subsection (1) may require the enforcement officer who used the surveillance device to supply further information regarding the circumstances surrounding the use of the surveillance device.