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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 Major Events Management Act 2007

272: Amendments to Major Events Management Act 2007

You could also call this:

"Changes to the rules for searching places during major events"

The law is changing the Major Events Management Act 2007. You need to know that this change affects how search warrants are issued. A search warrant is a special paper that lets police search a place.

When you apply for a search warrant, you must follow the rules in the Search and Surveillance Act 2012. You have to tell the court what you are looking for and what you want to cover. The warrant must say what is being covered and describe it in detail.

If police cover something while searching, they must leave a note with the owner. This note says what was covered and how to uncover it. The Search and Surveillance Act 2012 has rules about searching and covering things.

Some of these rules only apply to police officers. The law is also changing some other parts of the Major Events Management Act 2007. These changes affect how search warrants are used and what police can do when searching. You can find more information about the Search and Surveillance Act 2012 on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2137019.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safety
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"Changes to the Local Government Act 2002 to make search and surveillance rules clearer"

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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 Major Events Management Act 2007

272Amendments to Major Events Management Act 2007

  1. This section amends the Major Events Management Act 2007.

  2. Section 67(1) is amended by omitting High Court Judge, District Court Judge, Community Magistrate, Justice of the Peace, or Registrar of a District Court may issue a search warrant for any place, vehicle, or thing if satisfied, on application in writing made on oath and substituting issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant for any place, vehicle, or thing if satisfied, on application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

  3. Section 67 is amended by inserting the following subsection after subsection (1):

  4. Despite subsection (1), in addition to satisfying any applicable requirement in subpart 3 of Part 4 of the Search and Surveillance Act 2012,—

  5. an application under subsection (1) must include details of any thing that is to be searched for and covered; and
    1. a search warrant issued under subsection (1) must state whether it authorises any thing to be covered and, if so, contain, in reasonable detail, a description of the thing to be covered; and
      1. a person who executes a warrant and covers any thing must leave in a prominent position or at the place searched or give to the owner or occupier a written notice stating a list of the particulars of the covered thing, and that it may be uncovered in accordance with sections 77 and 78.

        1. Section 67 is amended by repealing subsection (2) and substituting the following subsections:

        2. Subject to section 68 and subsection (3), the provisions of Part 4 of the Search and Surveillance Act 2012 apply.

        3. Despite subsection (2), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

        4. Section 68 is amended by repealing subsection (1) and substituting the following subsections:

        5. Without limiting the powers conferred by any warrant issued under section 67(1), and subject to any conditions specified by the issuing officer, every warrant issued under that section authorises a person authorised to execute it to search for and cover any thing that the warrant authorises to be covered.

        6. In applying the provisions of Part 4 of the Search and Surveillance Act 2012, any requirement in that Part to provide details or other information in relation to a thing that is seized is to be taken to include the same requirement in relation to a thing that is covered.

        7. Section 68(2) is amended by omitting in subsection (1) and substituting conferred by a warrant.

        8. Section 68(3) and (4) are repealed.

        9. Sections 69 to 76 are repealed.

        Notes