Search and Surveillance Act 2012

Amendments, repeals, and miscellaneous provisions - Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes - Amendments to Civil Aviation Act 1990

210: Amendments to Civil Aviation Act 1990

You could also call this:

"Changes to the Civil Aviation Act 1990 to update warrant application rules"

This section changes the Civil Aviation Act 1990. You can find the Civil Aviation Act 1990 on the New Zealand legislation website. The changes affect how some things are done under this Act. When someone wants to get a warrant, they now need to apply to an issuing officer in a certain way.

The way you apply for a warrant is like applying for a search warrant under the Search and Surveillance Act 2012. You can find more information about this on the New Zealand legislation website. Some parts of the Search and Surveillance Act 2012 now apply to warrants under the Civil Aviation Act 1990.

Some parts of the Search and Surveillance Act 2012 apply when a warrant is issued and executed under the Civil Aviation Act 1990. These parts are subparts 1, 3, 4, 5, 7, 9, and 10 of the Search and Surveillance Act 2012. However, some sections of the Search and Surveillance Act 2012 only apply in certain situations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136940.


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"Special rules for some search warrants"


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Part 5Amendments, repeals, and miscellaneous provisions
Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes: Amendments to Civil Aviation Act 1990

210Amendments to Civil Aviation Act 1990

  1. This section amends the Civil Aviation Act 1990.

  2. Section 24(4) is amended by omitting a judicial officer on written application on oath, which shall not be granted unless the judicial officer and substituting an issuing officer on application in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012, which must not be granted unless the issuing officer.

  3. Section 24 is amended by repealing subsection (5) and substituting the following subsections:

  4. Subject to subsections (5A), (6), and (7), subparts 1, 3, 4, 5, 7, 9, and 10 of the Search and Surveillance Act 2012 apply in relation to the issue of a warrant under subsection (4) and its execution.

  5. Despite subsection (5), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a warrant issued to a named constable or to every constable.

Notes