Search and Surveillance Act 2012

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

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

You could also call this:

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

If you want to claim privilege for something that has been seized or might be seized by someone searching, you must give the person in charge a list of the things you want to claim privilege for. You need to do this as soon as you can after you are told you can claim privilege or that a search is happening. You should make your list as detailed as possible. If you cannot make a detailed list, you can ask a Judge for help, and you must provide a copy of the thing as required under section 146(b).

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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=DLM2136857.

Topics:

Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy

146: Interim steps pending resolution of privilege claim, or

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

148: Admission of evidence, or

"When private information can't be used in court"

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

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

Any person who wishes to claim privilege in respect of any thing seized or sought to be seized by a person executing a search warrant or exercising another search power—
must provide the person responsible for executing the search warrant or exercising the other search power with a particularised list of the things in respect of which the privilege is claimed, as soon as practicable after being provided with the opportunity to claim privilege or being advised that a search is to be, or is being, or has been conducted, as the case requires; and
if the thing or things in respect of which the privilege is claimed cannot be adequately particularised in accordance with paragraph (a), may apply to a Judge of the appropriate court for directions or relief (with a copy of the thing provided under section 146(b)).