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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Reporting

169: Reporting of exercise of powers within law enforcement agency

You could also call this:

"Police and law enforcement must report when they use special search powers without a warrant."

Illustration for Search and Surveillance Act 2012

If you are a police officer who uses a special power to enter or search somewhere without a warrant, you must write a report about it. You have to give this report to your boss, the Commissioner, or someone they choose, as soon as possible. The report must say what happened, why you used the power, if you found any evidence, and if anyone might be charged because of it.

If you are not a police officer, but you work for a law enforcement agency and use a special power to enter or search somewhere without a warrant, you also have to write a report. You must give this report to your boss, or someone they choose, as soon as possible. Your report must include the same information as a police officer's report.

You do not have to write a report if you searched someone when they were arrested, or if you searched someone who is already in custody. You also do not have to write a report if you only entered a place, but did not search it, or if someone gave you permission to search their property.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136884.

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168: Relationship between sections 164 to 167 and other enactments, or

"How sections 164 to 167 work with other laws"

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170: Annual reporting of search and surveillance powers by Commissioner, or

"The Commissioner's yearly report on how police use search and surveillance powers, like hidden cameras and tracking devices, to investigate crimes."

Part 4General provisions in relation to search, surveillance, and inspection powers
Reporting

169Reporting of exercise of powers within law enforcement agency

  1. Any constable who exercises a warrantless entry power, search power, or surveillance power conferred by Part 2 or 3 of this Act must provide a written report on the exercise of that power to the Commissioner or a Police employee designated to receive reports of that kind by the Commissioner as soon as practicable after the exercise of the power.

  2. Any person (other than a constable) who exercises a warrantless entry power, search power, or surveillance power conferred by this Act or by an enactment specified in column 2 of Schedule 2 must provide a written report on the exercise of that power to an employee designated to receive reports of that kind by the chief executive of the law enforcement agency concerned as soon as is practicable after the exercise of the power.

  3. A report referred to in subsection (1) or (2) must—

  4. contain a short summary of the circumstances surrounding the exercise of the power, and the reason or reasons why the power needed to be exercised:
    1. state whether any evidential material was seized or obtained as a result of the exercise of the power:
      1. state whether any criminal proceedings have been brought or are being considered as a consequence of the seizure of that evidential material.

        1. This section does not require the provision of any report in respect of—

        2. a rub-down search of a person under section 85 or 88 that is undertaken in conjunction with that person's arrest or detention under any enactment:
          1. any search of a person in lawful custody carried out under section 11 or under the Corrections Act 2004:
            1. the exercise of any power of entry that does not also confer a power of search:
              1. a search undertaken by consent.

                Notes
                • Section 169(2): amended, on , by section 27(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).