Plain language law

New Zealand law explained for everyone

Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Carrying out search powers - Identification and notice

135: Further postponement of, or dispensation from, obligation to comply with certain provisions

You could also call this:

"Asking for more time or to skip some rules to keep people safe or help with an investigation"

If you have already got an order under section 134(3), you can ask a District Court Judge for more time or to not have to follow some rules. You can do this if following the rules would put someone in danger or affect an ongoing investigation. You can only ask for more time once. The Judge can give you more time, up to 12 months, or say you do not have to follow the rules at all, if they think following the rules would put someone in danger or affect an ongoing investigation, and this is about section 131(4) or (5) or section 133. The Judge can also make this decision if something was seized, but only if it is a copy of some information, or if it is something that you are not allowed to have, like a controlled drug under the Misuse of Drugs Act 1975.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136841.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
Previous

134: Compliance with certain provisions may be deferred in certain circumstances, or

"You can ask a Judge to delay following some search rules if it's not safe or might ruin an investigation."

Next

136: Recognition of privilege, or

"Protecting Your Private Information: What You Can Keep Secret"

Part 4General provisions in relation to search, surveillance, and inspection powers
Carrying out search powers: Identification and notice

135Further postponement of, or dispensation from, obligation to comply with certain provisions

  1. A person who has obtained an order under section 134(3) may, before the expiry of that order, apply to a District Court Judge for a further postponement of, or dispensation from, the obligation to comply with section 131(4) or (5) or 133 on the grounds that compliance would—

  2. endanger the safety of any person; or
    1. prejudice ongoing investigations.

      1. An application for a further postponement may only be made on 1 occasion.

      2. On an application under subsection (1), the District Court Judge may postpone for a further specified period not exceeding 12 months, or order a permanent dispensation from, the obligation to comply with section 131(4) or (5) or 133 if the Judge is satisfied that compliance would—

      3. endanger the safety of any person; or
        1. prejudice ongoing investigations.

          1. A District Court Judge may not grant, under subsection (3), any postponement of, or dispensation from, an obligation in respect of any thing that has been seized, unless the thing seized is—

          2. a copy or clone of any information taken or made; or
            1. a thing the possession of which by the person from whom it was seized is unlawful under New Zealand law (for example, a controlled drug that is found in the possession of a member of the public in circumstances in which possession by the person of the controlled drug is an offence against the Misuse of Drugs Act 1975).