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Search and Surveillance Act 2012

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

180: Effect of proceedings

You could also call this:

"What happens to a search or surveillance when someone takes it to court"

If you are involved in a court case about a search or surveillance, this section applies to you. It applies when a court case is started about the use of a power given by the Search and Surveillance Act 2012 or any enactment specified in column 2 of Schedule 2. This can include things like the exercise of a power, the discharge of a duty, or the use of evidence obtained from a search or surveillance.

When a court case is started, you can still use the power or discharge the duty as if the case had not been started. You can also still use any evidence obtained from the search or surveillance for investigative purposes.

The High Court can make an interim order to override this, but only if you can show that the search or surveillance was unlawful, you would suffer substantial harm, and you could not get an adequate remedy later. The interim order can stop the use of the power or duty, or the use of the evidence, until the court case is finished.

If the High Court makes an interim order, it will stop being in effect on a date specified in the order, or on a date specified by the High Court later. The High Court can also extend or renew the interim order if it is still necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136897.

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Crime and justice > Police and safetyCrime and justice > Courts and legal helpRights and equality > Privacy
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Part 4General provisions in relation to search, surveillance, and inspection powers
Miscellaneous

180Effect of proceedings

  1. This section applies when any proceeding has been commenced in any court in respect of—

  2. the exercise of any power conferred by this Act or any enactment specified in column 2 of Schedule 2; or
    1. the discharge of any duty imposed by this Act or any enactment specified in column 2 of Schedule 2; or
      1. the use for investigative purposes of any evidential material obtained from the execution of a power or discharge of a duty imposed by this Act or any enactment specified in column 2 of Schedule 2.

        1. Until a final decision in relation to the proceeding is given, unless an interim order made under subsection (3) is in force,—

        2. the power or duty to which the proceeding relates may be, or may continue to be, exercised or discharged as if the proceeding had not been commenced, and no person is excused from fulfilling any obligation under this Act or any other enactment by reason of that proceeding; and
          1. any evidential material obtained from the execution of the power or discharge of the duty to which the proceeding relates may be, or may continue to be, used for investigative purposes.

            1. An interim order may be made by the High Court overriding the effect of subsection (2), but only if the High Court is satisfied that—

            2. the applicant has established a prima facie case that the warrant or order in question is unlawful; and
              1. the applicant would suffer substantial harm from the exercise or discharge of the power or duty; and
                1. if the power or duty is exercised or discharged before a final decision is made in the proceeding, none of the remedies specified in subsection (4), or any combination of those remedies, could subsequently provide an adequate remedy for that harm; and
                  1. the terms of that order do not unduly hinder or restrict the investigation or prosecution.

                    1. The remedies are as follows:

                    2. any remedy that the court may grant in making a final decision in relation to the proceeding (for example, a declaration):
                      1. any damages that the applicant may be able to claim in concurrent or subsequent proceedings:
                        1. any opportunity that the applicant may have, as defendant in a criminal proceeding, to challenge the admissibility of any evidence obtained as a result of the exercise or discharge of the power or duty.

                          1. An interim order made under subsection (3)—

                          2. ceases to have effect on—
                            1. a date specified in that order; or
                              1. any date subsequently specified by the High Court on being satisfied that paragraphs (a) to (d) of subsection (3) continue to apply; and
                              2. may be extended or renewed (whether before, on, or after its expiry) by the High Court, but only if the High Court is satisfied that paragraphs (a) to (d) of subsection (3) continue to apply.

                                Notes
                                • Section 180(1)(a): amended, on , by section 27(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                                • Section 180(1)(b): amended, on , by section 27(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                                • Section 180(1)(c): amended, on , by section 27(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).