Search and Surveillance Act 2012

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

144: Search warrant extending to certain other privileged materials

You could also call this:

"Searching private info: following rules to respect people's privacy"

When a search warrant is used to look at private information held by a minister of religion, medical practitioner, or clinical psychologist, you need to follow some rules. The person doing the search must have the minister, medical practitioner, or clinical psychologist present, or someone representing them. If the person doing the search cannot contact them, they must contact the church or professional body the minister, medical practitioner, or clinical psychologist belongs to and ask them to appoint someone to represent the people involved.

The person doing the search must give the minister, medical practitioner, or clinical psychologist, or their representative, a chance to say that some information is private and cannot be shared. They can also make a temporary claim if they cannot contact the people involved right away. This means they can say that some information might be private, but they need more time to check.

You have the right to have someone represent you when private information is being searched, and the person doing the search must respect this right and follow the rules to protect your privacy.

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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=DLM2136854.

Topics:

Crime and justice > Police and safetyRights and equality > Privacy

143: Search warrants that extend to lawyers' premises or material held by lawyers, or

"Searching a lawyer's things: what happens when police want to look at client information"

145: Searches otherwise affecting privileged materials, or

"Searching for things that might be private or secret"

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

144Search warrant extending to certain other privileged materials

This section applies to the execution of a search warrant that authorises the search of professional material held by a minister of religion, medical practitioner, or clinical psychologist.
If this section applies, the search warrant may not be executed unless—
the minister of religion, medical practitioner, or clinical psychologist is present; or
a representative of that person is present.

If the person who is to execute the search warrant is unable to contact the minister of religion, medical practitioner, or clinical psychologist, or his or her representative, that person must instead contact the church or professional body to whom the minister, medical practitioner, or clinical psychologist belongs and request the church or body to appoint a person to represent the interests of the parishioners, patients, or clients of the minister, medical practitioner or clinical psychologist, in relation to the search.
Before executing the search warrant, the person executing it must give the minister of religion, medical practitioner, or clinical psychologist, or his or her personal representative, or the person appointed by the church or professional body under subsection (3),—
the opportunity to claim privilege on behalf of parishioners, patients, or clients of the minister of religion, medical practitioner, or clinical psychologist; or
the opportunity to make an interim claim of privilege if the minister, medical practitioner, or clinical psychologist, or his or her representative or person appointed under subsection (3) is unable to immediately contact the parishioners, patients, or clients.