Search and Surveillance Act 2012

Amendments, repeals, and miscellaneous provisions - Other repeals and amendments - Amendment to Mutual Assistance in Criminal Matters Act 1992

335: Mutual Assistance in Criminal Matters Act 1992 amended

You could also call this:

"Changes to the law about searching for evidence in criminal cases"

The law is changing the Mutual Assistance in Criminal Matters Act 1992. You will see changes to how search warrants are applied for. This is because of the Search and Surveillance Act 2012.

Some parts of the Mutual Assistance in Criminal Matters Act 1992 are being updated to match the Search and Surveillance Act 2012. You can find the Search and Surveillance Act 2012 on the New Zealand legislation website. This update affects how search warrants are issued.

Parts of the old law are being removed or replaced. This includes sections about applying for search warrants and what happens during a search. You can read about the changes to the Mutual Assistance in Criminal Matters Act 1992 on the New Zealand legislation website. The changes make the law clearer and easier to follow.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2137145.


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Part 5Amendments, repeals, and miscellaneous provisions
Other repeals and amendments: Amendment to Mutual Assistance in Criminal Matters Act 1992

335Mutual Assistance in Criminal Matters Act 1992 amended

  1. This section amends the Mutual Assistance in Criminal Matters Act 1992.

  2. Section 43(2) is amended by omitting in writing, to apply to a District Court Judge for a search warrant in accordance with section 44 and substituting to apply to an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) for a search warrant in accordance with section 44 of this Act.

  3. Section 44(1) is amended by omitting Any District Court Judge who, on an application in writing made an oath and substituting An issuing officer who, on an application made in the manner provided in subpart 3 of Part 4 of the Search and Surveillance Act 2012.

  4. Section 44 is amended by adding the following subsection:

  5. The provisions of Part 4 of the Search and Surveillance Act 2012 (except subpart 6) apply.

  6. Sections 45 to 48 are repealed.

  7. Section 46A is amended by omitting 314B to 314D of the Crimes Act 1961 apply with any necessary modifications as if references in those sections to a statutory search power are and substituting 121, 128, 129, and 177 of the Search and Surveillance Act 2012 apply with any necessary modifications as if references in those sections to a power to stop or search a vehicle conferred under that Act were.

Notes