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:

"Police can ask for documents if they think a crime has been committed"

If you are an enforcement officer, you can ask for a production order to get documents from someone. You can do this if you think you could get a search warrant for those documents and you meet the conditions in section 72. You must write down your application and include details like your name, the reason you are allowed to apply for a search warrant, and what offence you think has been committed. You also need to describe the documents you want and explain why you think the person has them or can get them.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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.


Previous

70: Interpretation, or

"What special words mean in this law"


Next

72: Conditions for making production order, or

"When can police get documents that might be evidence of a crime?"

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. the facts relied on to show reasonable grounds to believe the documents sought are in the possession or under the control of the person against whom the order 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.