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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Privilege and confidentiality - Search warrants and other search powers

142: Effect of privilege on search warrants and search powers

You could also call this:

"What happens if you say something is private and the police want to search it"

If you claim something is privileged, you have rights when something is taken or might be taken from you. You can stop a search of certain information under this Act, as explained in sections 143 to 148, until it is decided if your claim is correct. If your claim is correct, you can also get a copy of, or access to, the information that was taken from you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136852.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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141: Claims for privilege in respect of surveillance, or

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Part 4General provisions in relation to search, surveillance, and inspection powers
Privilege and confidentiality: Search warrants and other search powers

142Effect of privilege on search warrants and search powers

  1. A person who makes a claim of privilege (being a privilege recognised by this subpart) in respect of any thing that is seized or sought to be seized has the right, in accordance with sections 143 to 148,—

  2. to prevent the search under this Act of any communication or information to which the privilege would apply if it were sought to be disclosed in a proceeding, pending determination of the claim to privilege, and subsequently if the claim to privilege is upheld:
    1. to require the return of a copy of, or access to, any such communication or information to the person if it is seized or secured by a person exercising a search power, pending determination of the claim to privilege.