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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 Maritime Security Act 2004

277: Amendments to Maritime Security Act 2004

You could also call this:

"Changes to the Maritime Security Act 2004 to update search and warrant rules"

This part of the law is about changing the Maritime Security Act 2004. You need to know that the Maritime Security Act 2004 is being updated by the Search and Surveillance Act 2012. The changes are to sections of the Maritime Security Act 2004 that deal with things like warrants and searches.

When a warrant is issued, the rules from the Search and Surveillance Act 2012 will apply. You should look at the Maritime Security Act 2004 to see what is changing. The changes also affect what a constable can do during a search.

Some parts of the Maritime Security Act 2004 are being removed or replaced. You can find the updated law on the New Zealand legislation website. The changes are to help keep people safe and make sure the law is fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2137028.

Topics:
Crime and justice > Police and safetyTransport and travel > Boating
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"Changes to the Marine Reserves Act 1971 to update search rules"

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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 Maritime Security Act 2004

277Amendments to Maritime Security Act 2004

  1. This section amends the Maritime Security Act 2004.

  2. Section 51(4) is amended by omitting A judicial officer who, on written application made on oath and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided in subpart 3 of Part 4 of that Act.

  3. Section 51 is amended by inserting the following subsections after subsection (6):

  4. Subject to subsections (5), (6), and (6B), the provisions of Part 4 of the Search and Surveillance Act 2012 apply in respect of a warrant issued under subsection (4).

  5. Despite subsection (6A), sections 118 and 119 of the Search and Surveillance Act 2012 apply only in respect of a constable.

  6. Section 51 is amended by repealing subsection (12).

  7. Section 55(1) is amended by omitting paragraph (b) and substituting the following paragraph:

  8. the constable has reasonable grounds to suspect that—
    1. an offence against this Act has been, is being, or will be committed, whether by that person or any other person; and
      1. a search of the person refusing to consent will disclose evidential material relating to that offence.

      Notes