Search and Surveillance Act 2012

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

104: Issuing officer may require search warrant report

You could also call this:

"The person who approved a search can ask for a report on what happened during the search."

When a search warrant is issued, the person who issued it can ask for a report. You need to know that this report must be given to the issuing officer within a certain time. The report must say if the search warrant was used.

The report must also say if anything was taken during the search. If something was taken, the report must say if it was listed in the search warrant or taken under section 123 or 123B. The report must also say if other powers were used during the search and if anything was taken because of those powers.

The report must also tell the issuing officer if any court cases have started or are being thought about because of what was taken during the search. You should look at what the report says to understand what happened during the search. The issuing officer uses this report to know what happened when the search warrant was used.

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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=DLM2136796.

Topics:

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

103: Form and content of search warrant, or

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

105: Transmission of search warrant, or

"What to do if you can't carry the actual search warrant with you"

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

104Issuing officer may require search warrant report

An issuing officer may impose a condition under section 103(3)(b) requiring the employer of any person to whom a search warrant is issued to provide that issuing officer with a search warrant report within a specified period.
A search warrant report must contain the following information:
whether the search warrant was executed:
whether the execution of the search warrant resulted in the seizure of evidential material, and, if so, whether that material was material—
1. specified in the search warrant; or
2. seized under section 123 or 123B; or
3. some of which was specified in the warrant and some of which was seized under section 123 or 123B:
whether any other powers exercised in conjunction with the execution of the warrant resulted in the seizure of evidential material:
whether any criminal proceedings have been brought, or are under consideration, that relate to any evidential material seized.

Notes

Section 104(2)(b)(ii): amended, on 5 April 2023, by section 34 of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).
Section 104(2)(b)(iii): amended, on 5 April 2023, by section 34 of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).