Search and Surveillance Act 2012

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

146: Interim steps pending resolution of privilege claim

You could also call this:

"What to do with private things found during a search while waiting for a court decision"

When you are searching something with a search warrant, you might not be able to look at everything right away. This can happen if someone claims the thing is private, or if the law says you cannot look at it yet, as stated in section 142, 143, 144, or 145. You can secure the thing to keep it safe.

You can secure the thing by locking it up or by making a copy of it, like a forensic copy of computer data. You then give the thing, or a copy of it, to a court so a Judge can decide if it is really private. You must also give the person who claims the thing is private a copy of it, or let them see it.

You cannot look at the thing you secured until the person who claims it is private says it is okay, or until a court says you can. If no one claims the thing is private, you can look at it.

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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=DLM2136856.

Topics:

Crime and justice > Police and safetyCrime and justice > Criminal lawRights and equality > Privacy

145: Searches otherwise affecting privileged materials, or

"Searching for things that might be private or secret"

147: Claims for privilege for things seized or sought to be seized, or

"Telling authorities what you want to keep private when they search"

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

146Interim steps pending resolution of privilege claim

If a person executing a search warrant or exercising another search power is unable, under section 142, 143, 144, or 145 to search a thing (whether as a result of the requirements of any of those provisions, or because of a claim of privilege made in respect of the thing, or for any other reason), the person—
may—
1. secure the thing; and
2. if the thing is intangible (for example, computer data), secure the thing by making a forensic copy; and
3. deliver the thing, or a copy of it, to the appropriate court, to enable the determination of a claim to privilege by a Judge of that court; and
must supply the lawyer or other person who may or does claim privilege with a copy of, or access to, the secured thing; and
must not search the thing secured, unless no claim of privilege is made, or a claim of privilege is withdrawn, or the search is in accordance with the directions of the court determining the claim of privilege.