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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 Local Government Act 2002

271: Other amendments to Local Government Act 2002

You could also call this:

"Changes to the Local Government Act 2002 to make search and surveillance rules clearer"

When you look at the Local Government Act 2002, you will see some changes. The section 166 of this Act is amended to say that an enforcement officer must be with a constable when they are executing a warrant. This new rule overrides another rule in section 165(4).

You will also see changes to section 167(1) where some words are removed. Section 168(1) is changed to include new words about property that has been seized and impounded. Some parts of section 171 are completely removed.

There are changes to section 172(3)(a) that affect how applications are made. You will see that section 172 now has new subsections that refer to the Search and Surveillance Act 2012. This means that some rules from the Search and Surveillance Act 2012 now apply to the Local Government Act 2002.

When you look at section 173, you will see that it now says some parts of the Search and Surveillance Act 2012 apply, but not all of them. This change helps to make the rules clearer and easier to follow. You can find more information about these changes by looking at the Search and Surveillance Act 2012.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2137017.

Topics:
Crime and justice > Police and safetyGovernment and voting > Local councilsRights and equality > Privacy
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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 Local Government Act 2002

271Other amendments to Local Government Act 2002

  1. Section 166 is amended by repealing subsections (1) and (2) and substituting the following subsections:

  2. An enforcement officer executing a warrant issued under section 165(1) must be accompanied by a constable.

  3. Subsection (1) overrides section 165(4).

  4. Section 167(1) is amended by omitting or section 165.

  5. Section 168(1) is amended by inserting seized and impounded under section 164 after dispose of property.

  6. Section 171(2) and (3) are repealed.

  7. Section 172(3)(a) is amended by omitting a District Court Judge on written application on oath and substituting an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) on application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of that Act.

  8. Section 172 is amended by repealing subsection (4) and substituting the following subsections:

  9. Subject to subsections (3)(b) and (5), the provisions of Part 4 of the Search and Surveillance Act 2012 apply.

  10. Despite subsection (4), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

  11. Section 173 is amended by repealing subsection (2) and substituting the following subsection:

  12. The provisions of Part 4 of the Search and Surveillance Act 2012 (except subparts 2 and 3, and sections 118 and 119) apply.