Search and Surveillance Act 2012

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

145: Searches otherwise affecting privileged materials

You could also call this:

"Searching for things that might be private or secret"

When you are searching somewhere with a search warrant, you might find things that are private. You need to think about whether these things might be special because of a privilege, which is a rule that protects certain information. If you think they might be, then you have to follow some rules.

If you are the one doing the search, you have to give people a chance to say that something is private because of a privilege. This means you have to tell them about the things you found and ask if they think any of those things are private. You have to do this in a way that is fair and gives them enough time to think about it.

If you cannot find the person who might be able to say that something is private, or if you cannot find their lawyer, you can ask a Judge to help. The Judge can decide whether the thing you found is really private or not. You have to do what you can to help the Judge make this decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136855.


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144: Search warrant extending to certain other privileged materials, or

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


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

145Searches otherwise affecting privileged materials

  1. This section applies if—

  2. a person executes a search warrant or exercises another search power; and
    1. he or she has reasonable grounds to believe that any thing discovered in the search may be the subject of a privilege recognised by this subpart.
      1. If this section applies, the person responsible for executing the search warrant or other person exercising the search power—

      2. must provide any person who he or she believes may be able to claim a privilege recognised by this subpart a reasonable opportunity to claim it; and
        1. may, if the person executing the search warrant or exercising the other search power is unable to identify or contact a person who may be able to claim a privilege, or that person's lawyer, within a reasonable period,—
          1. apply to a Judge of the appropriate court for a determination as to the status of the thing; and
            1. do any thing necessary to enable that court to make that determination.