Search and Surveillance Act 2012

Enforcement officers' powers and orders - Production orders

75: Form and content of production order

You could also call this:

"What to do when you get a production order to give documents to the police"

Illustration for Search and Surveillance Act 2012

A production order is a special kind of order that tells you what to do. You must give the enforcement officer the documents they ask for if you have them. If you get more documents while the order is in force and section 71(2)(i)(ii) applies, you must give those too. The order will tell you what documents to give and when. It will also say how to give them and who to give them to. You might have to give documents just once or many times while the order is in force. If the order is made against a company, it might say who in the company must follow the order. The order can describe the documents it wants by saying what type they are. You must tell the enforcement officer where the documents are if you do not have them anymore.

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 It might be out of date or be missing some parts.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=DLM2136750.


Previous

74: Issuing officer may make production order, or

"A police officer or judge can order you to give them something if they think you have it and it's needed for an investigation."


Next

75A: Production orders against network operators relating to traffic data, etc, or

"Getting records from phone or internet companies"

Part 3Enforcement officers' powers and orders
Production orders

75Form and content of production order

  1. A production order must be in the prescribed form, if any, and must require the person against whom it is made (person A)—

  2. to give the enforcement officer who applied for the order, or a person identified in the order,—
    1. any documents described in the order that are in the possession or under the control of person A; and
      1. if section 71(2)(i)(ii) applies to the order, any documents described in the order that come into the possession or under the control of person A while the order is in force; and
      2. if any documents described in the order are not, or are no longer, in the possession or under the control of person A, to disclose, to the best of person A's knowledge or belief, the location of those documents to the enforcement officer who applied for the order or to the person identified in the order.
        1. The production order must set out the following:

        2. the name of person A:
          1. the grounds on which the order is made:
            1. the documents required to be given:
              1. whether the documents must be produced on 1 occasion only, or whether they are required to be produced on an ongoing basis for the duration of the entire order:
                1. the time by which, and the way in which, the documents must be produced.
                  1. The production order may describe the documents required to be given by reference to a class or category of document.

                  2. If the production order is made against a body corporate or an unincorporated body, the order may specify an individual (whether by name or by reference to a position held in the body) who is to comply with the order as the body’s representative.

                  Notes
                  • Section 75(1)(a): replaced, on , by section 14(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                  • Section 75(1)(b): amended, on , by section 14(2) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).