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Search and Surveillance Act 2012

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

61: Actions on receipt of surveillance device warrant report

You could also call this:

"What happens when a Judge gets a report about a surveillance device warrant?"

Illustration for Search and Surveillance Act 2012

When a Judge gets a report about a surveillance device warrant, they can do several things. They can give directions about what to do with the information gathered from the surveillance, like destroying or keeping it. They can also report any breaches of the warrant conditions to the chief executive of the relevant agency, if they think that's what happened. You can read more about how the Judge gets this report in section 59. The Judge can order that the person being surveilled be told about it, but only if they are satisfied that certain conditions are met.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136717.

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

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

61Actions on receipt of surveillance device warrant report

  1. A Judge receiving a surveillance device warrant report under section 59 may do any 1 or more of the following:

  2. give directions as to the destruction or retention of the material obtained as a result of the surveillance:
    1. if he or she considers that the surveillance activities carried out were in breach of any of the conditions of the warrant's issue, or of any applicable statutory provision, report on the breach to the chief executive of the relevant agency:
      1. order that the subject of the surveillance be notified.

        1. The Judge must not make an order under subsection (1)(c) unless he or she is satisfied—

        2. that the circumstances set out in subsection (3) exist; and
          1. that—
            1. the warrant should not have been issued; or
              1. there has been a serious breach of any of the conditions of its issue, or of any applicable statutory provision.

              2. The circumstances are that the public interest in notification outweighs any potential prejudice to any 1 or more of the following:

              3. any investigation by the law enforcement agency:
                1. the safety of informants or undercover officers:
                  1. the supply of information to the law enforcement agency:
                    1. any international relationships of the law enforcement agency.