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 surveillance"

Illustration for Search and Surveillance Act 2012

When a Judge gets a report about a surveillance device warrant, they can do some things. They can give directions about what to do with the information that was collected. They can also report any breaches of the rules to the person in charge of the agency. If the Judge thinks the surveillance was not done correctly, they can order that the person being surveilled be told about it. But the Judge can only do this if they think it is in the public interest and it will not harm any investigations or people. The Judge must consider things like the safety of informants and the supply of information to the agency. The Judge has to follow some rules when deciding what to do with the report, which they got under section 59. You can think of it like the Judge is making sure everything was done fairly and correctly. They are trying to balance the need for surveillance with the need to protect people's rights.

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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.

This page was last updated on 25 December 2025 — View changes

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

"Reporting on using spy devices in emergencies"

62: Actions on receipt of report on use of surveillance device in situation of urgency or emergency, or

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

61Actions on receipt of surveillance device warrant report

A Judge receiving a surveillance device warrant report under section 59 may do any 1 or more of the following:
give directions as to the destruction or retention of the material obtained as a result of the surveillance:
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:
order that the subject of the surveillance be notified.

The Judge must not make an order under subsection (1)(c) unless he or she is satisfied—
that the circumstances set out in subsection (3) exist; and
that—
1. the warrant should not have been issued; or
2. there has been a serious breach of any of the conditions of its issue, or of any applicable statutory provision.

The circumstances are that the public interest in notification outweighs any potential prejudice to any 1 or more of the following:
any investigation by the law enforcement agency:
the safety of informants or undercover officers:
the supply of information to the law enforcement agency:
any international relationships of the law enforcement agency.