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Search and Surveillance Act 2012

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

101: Retention of documents

You could also call this:

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

When you apply for a search warrant, a copy of your application must be kept by the Registrar of the District Court. This is the court where you made the application, or the one closest to where you made it. The copy must be kept until any court cases related to the warrant are finished, or for two years if no warrant is issued.

You must also keep certain documents if a search warrant is issued to you. These include the warrant, a copy of your application, and any documents you used to support your application. You must also keep a copy of the search warrant report, as mentioned in section 104. You must keep these documents until any court cases related to the warrant are finished, or until the documents are destroyed or transferred under the Public Records Act 2005 or other laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136792.

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

101Retention of documents

  1. A copy (whether in electronic form or otherwise) of every written application for a search warrant, or (in the case of an oral application) the record of the application made by the issuing officer, must be retained under the control of the Registrar of the office of the District Court at which, or under the control of the Registrar of the office of the District Court that is closest to the place at which, the application was made, until,—

  2. in a case where a search warrant is issued, the completion of any proceedings in respect of which the validity of the warrant may be in issue; or
    1. in any other case, the expiry of 2 years after the records were first retained under the control of the Registrar of the District Court.

      1. An applicant to whom a search warrant is issued must retain (whether in electronic form or otherwise) the warrant, a copy of the application (if made in written form), copies of all documents tendered by the applicant in support of the application, and a copy of any search warrant report referred to in section 104 that is required to be prepared, until the later of the following dates:

      2. the date of completion of any proceedings in respect of which the validity of the warrant may be in issue:
        1. the date of destruction or transfer of the warrant and other documents under the Public Records Act 2005 or any other enactment or rule of law.

          Notes
          • Section 101(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
          • Section 101(1)(b): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).