Part 4General provisions in relation to search, surveillance, and inspection powers
Reporting
171Annual reporting of search and surveillance powers by agencies other than Police
The chief executive of a law enforcement agency (other than the Police) that employs or engages persons who may exercise an entry power, a search power, or a surveillance power conferred by this Act or by an enactment specified in column 2 of the Schedule must include in every annual report prepared by the chief executive for the purposes of section 43 of the Public Finance Act 1989, or any other applicable enactment requiring an annual report to Parliament,—
- the number of occasions on which entry or search powers were exercised without a warrant in the period covered by the report:
- the number of occasions on which warrantless surveillance powers were exercised in the period covered by the report that involved the use of a surveillance device:
- in respect of each kind of surveillance device used without a warrant in the period covered by the report, the numbers of that kind of device used—
- for a period of no more than 24 hours:
- for a period of more than 24 hours but no more than 48 hours:
- for a period of no more than 24 hours:
- the number of persons charged in criminal proceedings where the collection of evidential material relevant to those proceedings was significantly assisted by the exercise of a warrantless search or surveillance power in the period covered by the report:
- the matters set out in section 172 in relation to surveillance device warrants and declaratory orders.
This section does not require a chief executive to include in any annual report information about—
- a rub-down search of a person that is undertaken in conjunction with that person's arrest or detention under any enactment:
- any search of a person in lawful custody undertaken under section 11 or under the Corrections Act 2004:
- the exercise of any power of entry that does not also confer a power of search:
- a search undertaken by consent:
- any prescribed search or surveillance, or search or surveillance of a prescribed kind, in any prescribed area or an area of a prescribed kind.
Notes
- Section 171(1): amended, on , by section 104 of the Public Finance Amendment Act 2013 (2013 No 50).