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Search and Surveillance Act 2012

Enforcement officers' powers and orders - Production orders

72: Conditions for making production order

You could also call this:

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

To make a production order, you need reasonable grounds to think a crime has been, is being, or will be committed. This crime must be one that allows an enforcement officer to apply for a search warrant under this Act or another law listed in the Schedule. You also need to believe the documents you want are evidence of the crime.

You must think these documents are in someone's possession or control, or will be while the order is in force. This means the person must have the documents or be able to get them. The documents must be connected to the crime you think happened or will happen.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136747.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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71: Enforcement officer may apply for production order, or

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

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73: Other provisions that apply to production order applications, or

"Rules that also apply when asking for a production order"

Part 3Enforcement officers' powers and orders
Production orders

72Conditions for making production order

  1. The conditions for making a production order are that there are reasonable grounds—

  2. to suspect that an offence has been committed, or is being committed, or will be committed (being an offence in respect of which this Act or any enactment specified in column 2 of the Schedule authorises an enforcement officer to apply for a search warrant); and
    1. to believe that the documents sought by the proposed order—
      1. constitute evidential material in respect of the offence; and
        1. are in the possession or under the control of the person against whom the order is sought, or will come into his or her possession or under his or her control while the order is in force.