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Search and Surveillance Act 2012

Enforcement officers' powers and orders - Production orders

71: Enforcement officer may apply for production order

You could also call this:

"An enforcement officer can ask for a court order to get documents related to a crime."

Illustration for Search and Surveillance Act 2012

You can apply for a production order if you are an enforcement officer. You must be allowed to apply for a search warrant to get documents. You must think the conditions in section 72 are met. You must write down your application and include some details. You must say who you are and why you are applying for the order. You must describe the offence you think has been committed and the documents you want. You must also say if you want the person to give you the documents once or many times. If you want the documents once, you must explain why you think the person has them. If you want the documents many times, you must explain why you think the person has them or will get them.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136746.

Topics:
Crime and justice > Courts and legal helpCrime and justice > Police and safety
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Part 3Enforcement officers' powers and orders
Production orders

71Enforcement officer may apply for production order

  1. An enforcement officer who may apply for a search warrant to obtain documents may apply to an issuing officer for a production order against a person in respect of those documents if the enforcement officer is satisfied that the conditions, specified in section 72, for making the order against the person are met.

  2. An application under this section must be in writing and must set out the following particulars:

  3. the name of the applicant:
    1. the provision authorising the making of an application for a search warrant in respect of the suspected offence:
      1. a description of the offence that it is suspected has been committed, is being committed, or will be committed:
        1. the facts relied on to show reasonable grounds to suspect that an offence has been committed, or is being committed, or will be committed:
          1. a description of the documents for which production is sought:
              1. whether the person against whom the order is made should be required to produce,—
                1. on 1 occasion only, those documents for which production is sought that are in his or her possession or under his or her control when the order is made; or
                  1. on an ongoing basis, those documents for which production is sought that are in his or her possession or under his or her control at the time the order is made, and those documents for which production is sought and that come into his or her possession or come under his or her control at any time while the order is in force:
                  2. if the documents are sought to be produced on 1 occasion only, the facts relied on to show reasonable grounds to believe that those documents are in the possession or under the control of the person against whom the order is sought:
                    1. if the documents are sought to be produced on an ongoing basis, the facts relied on to show reasonable grounds to believe that those documents—
                      1. are in the possession or under the control of the person against whom the order is sought; or
                        1. will come into that person’s possession or under their control while the order is in force (if made and in force for the period sought).

                        Notes
                        • Section 71(2)(f): repealed, on , by section 12(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                        • Section 71(2)(h): inserted, on , by section 12(2) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                        • Section 71(2)(i): inserted, on , by section 12(2) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).