Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Search warrants - Application for search warrant

100: Mode of application for search warrant

You could also call this:

"How to apply for a search warrant in writing or by talking to an officer"

When you apply for a search warrant, you usually need to put it in writing. You can send your application to the issuing officer electronically. You also need to talk to the issuing officer in person or over the phone, unless there's a good reason you don't have to. The issuing officer can let you make your application over the phone or in person without writing it down if they think writing it down would slow things down too much.

The issuing officer can also let you apply without talking to them in person or over the phone if they have all the information they need from you in writing. This includes the information required by section 98(1) to (3). The issuing officer must be sure they have all the information they need and don't need to ask you any questions.

If the issuing officer lets you apply over the phone, they need to write down the reasons for your application as soon as they can. This is so they have a record of why you wanted the search warrant. You need to give the issuing officer all the information they need to decide whether to give you the search warrant.

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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=DLM2136791.

Topics:

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

99: Application must be verified, or

"You must promise your search warrant application is true and honest."

101: Retention of documents, or

"Keeping copies of search warrant documents for a certain time"

Part 4General provisions in relation to search, surveillance, and inspection powers
Search warrants: Application for search warrant

100Mode of application for search warrant

An application for a search warrant—
must be in writing, unless subsection (3) applies; and
may be transmitted to the issuing officer electronically.

The applicant must appear in person before, or communicate orally with, the issuing officer, unless subsection (4) applies.
An issuing officer may allow an application for a search warrant to be made orally (for example, by telephone call) or by personal appearance and excuse the applicant from putting all or any part of the application (including any required material) in writing if—
the issuing officer is satisfied that the delay that would be caused by requiring an applicant to put all or any part of the application (including any required material) in writing would compromise the effectiveness of the search; and
the issuing officer is satisfied that the question of whether the warrant should be issued can properly be determined on the basis of an oral communication or a personal appearance (together with the material described in paragraph (c)); and
the information required by section 98(1) to (3) is supplied (whether orally, or partly orally and partly in writing) to the issuing officer.

An issuing officer may allow an application for a search warrant to be made without either an appearance in person or an oral communication with the issuing officer if—
the issuing officer is satisfied that the question of whether the search warrant should be issued can properly be determined on the basis of any written communication by the applicant (including the material described in paragraph (b)); and
the information required by section 98(1) to (3) has been supplied to the issuing officer; and
the issuing officer is satisfied that there is no need to ask any questions of, or seek any further information from, the applicant.

An issuing officer who allows an application for a search warrant to be made under subsection (3) must record the grounds for the application as soon as practicable.