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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:

"Telling a Judge about using a surveillance device in an emergency"

If you are an enforcement officer who uses a surveillance device in an urgent or emergency situation under the authority of section 48, you must give a report to a Judge. You have to do this within one month after you last used the device. You have to tell the Judge if using the device helped you get evidence or stop something bad from happening, and you have to explain the situation you were in when you used the device. A Judge can ask you for more information about what happened when you used the surveillance device.

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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.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal lawRights and equality > Privacy
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59: Surveillance device warrant report, or

"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 secret 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.