Search and Surveillance Act 2012

Amendments, repeals, and miscellaneous provisions - Regulation-making powers, transitional provisions, and review provision

342: Regulations

You could also call this:

"Rules made by the Governor-General to help the Search and Surveillance Act work properly"

The Governor-General can make regulations for certain purposes. You need to know that these regulations can be about things like the forms used for search warrants or surveillance device warrants. The Governor-General can also make regulations about how claims of privilege are made and resolved, as outlined in subpart 5 of Part 4.

The Governor-General can make regulations that let a chief executive leave out some information from annual reports. Regulations can also be made for other matters that are part of the Act or necessary for it to work properly.

Regulations can prescribe different forms of warrants or orders for different laws. They can also list the minimum information that must be included in a warrant or order. A chief executive or other person can be authorised to make changes to the language or format of a warrant or order. They can also be allowed to add extra information to a warrant or order.

The Governor-General can make regulations to set an amount of money, which can be more or less than $10,000, for the purposes of section 123A(1). Regulations made under this section are secondary legislation, which has its own publication requirements, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2137161.


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Part 5Amendments, repeals, and miscellaneous provisions
Regulation-making powers, transitional provisions, and review provision

342Regulations

  1. The Governor-General may, by Order in Council, make regulations for any or all of the following purposes:

  2. prescribing the form of an examination order, a surveillance device warrant, declaratory order, production order, search warrant, warrant authorising entry to a dwellinghouse or marae, or similar kinds of warrants:
    1. prescribing procedures to be followed for the purposes of making and resolving claims of privilege under subpart 5 of Part 4:
      1. authorising a chief executive to omit from any annual report information about search or surveillance generally, or of a particular kind, or in a particular area, or in an area of a particular kind:
        1. providing for any other matters contemplated by the Act, necessary for its administration, or necessary for giving it full effect.
          1. Regulations made under subsection (1)(a) may do any or all of the following:

          2. prescribe different forms of warrant or order for use under different enactments:
            1. prescribe any form of warrant or order by listing the minimum information requirements to be included:
              1. authorise a chief executive or any other specified person or class of person to authorise variations in the language, provisions, or format of any form of warrant or order in the warrant or order:
                1. authorise a chief executive or any other specified class of person to include additional information in a prescribed form of warrant or order.
                  1. The Governor-General may, by Order in Council, make regulations prescribing, for the purposes of the definition of cash seizure threshold amount in section 123A(1), an amount of New Zealand dollars that is more or less than $10,000.

                  2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                  Notes
                  • Section 342(2A): inserted, on , by section 36 of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).
                  • Section 342(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).