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 Ozone Layer Protection Act 1996

288: Search warrants

You could also call this:

"What is a search warrant and how does it work in New Zealand?"

When you are looking at the law about search warrants, you need to know that some changes have been made. The law says that an issuing officer, who is someone defined in the Search and Surveillance Act 2012, can make decisions about search warrants if they are satisfied with an application made in a certain way. This is according to section 3 of the Search and Surveillance Act 2012 and subpart 3 of Part 4 of that Act.

You should also know that some parts of the law have been repealed and replaced with new rules. The new rules say that most of Part 4 of the Search and Surveillance Act 2012 applies, but not sections 118 and 119. This means that when it comes to search warrants, you will follow the rules outlined in the Search and Surveillance Act 2012, except for those two sections.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2137048.


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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 Ozone Layer Protection Act 1996

288Search warrants

  1. Section 23(1) is amended by omitting District Court Judge or Justice or Community Magistrate or any Registrar (not being a constable) who is 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) who is satisfied, on an application made in the manner provided in subpart 3 of Part 4 of that Act.

  2. Section 23 is amended by repealing subsections (3) to (8) and substituting the following subsection:

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