Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Application of rules in this Part, and consent searches - Application of rules

90: Application of rules in relation to enforcement officers and transfer of things between law enforcement agencies, etc

You could also call this:

"Rules for police and other law enforcement officers when they share jobs and things with other agencies"

When you are an enforcement officer, you have certain jobs to do. If you cannot do these jobs, another enforcement officer from your agency can do them instead. This means they can help out if you are not available.

If something is taken or given to someone from a law enforcement agency, it can be passed to another agency to help with an investigation or a court case. After it is passed on, the new agency is responsible for following the rules about what to do with the thing that was taken or given. The new agency or its enforcement officers must do the jobs that the rules say they have to do.

The rules about what the new agency has to do might be different if another law says something else.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136773.

Topics:

Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy

89: Application of this Part, or

"When police use special powers, like search warrants, this part of the law applies to you."

91: Application of rules about consent searches, or

"Rules for when police search with your permission"

Part 4General provisions in relation to search, surveillance, and inspection powers
Application of rules in this Part, and consent searches: Application of rules

90Application of rules in relation to enforcement officers and transfer of things between law enforcement agencies, etc

Any duty imposed on an enforcement officer under this Part may be carried out instead by an enforcement officer employed or engaged by the same law enforcement agency as the other enforcement officer.
Subsection (3) applies if any thing is seized by or produced to a person employed or engaged by any law enforcement agency and the thing is then transferred to another law enforcement agency for the purposes of investigation, prosecution, or forfeiture.
If this subsection applies, the obligations imposed by this Part on any law enforcement agency or any enforcement officer engaged by that agency must, after the transfer of the thing referred to in subsection (2), be carried out by the law enforcement agency to which the thing is transferred or by an enforcement officer employed by that agency.
Subsection (3) is subject to any contrary provisions in any other enactment.