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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Search warrants - Issuing of search warrant

102: Restrictions on issue of search warrant

You could also call this:

"Rules for police to get a warrant to search and take things, especially from lawyers"

When a police officer wants to get a search warrant, there are some rules they must follow. You cannot get a warrant to take something from a lawyer if it is a private conversation between the lawyer and their client, unless the officer thinks there is a good reason to believe it was made for a dishonest purpose. The officer must also think it was made to plan or commit a crime, before they can get a warrant to take it from the lawyer.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136794.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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101: Retention of documents, or

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

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103: Form and content of search warrant, or

"What a search warrant must look like and what it must say"

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

102Restrictions on issue of search warrant

  1. An issuing officer must not issue a warrant to seize any thing held by a lawyer that is a communication of a kind to which legal professional privilege normally applies, unless the issuing officer is satisfied that there is a prima facie case that the thing was made, or received, or compiled, or prepared—

  2. for a dishonest purpose; or
    1. for the purpose of planning to commit or committing an offence.