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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"

Illustration for Search and Surveillance Act 2012

The Governor-General can make regulations for certain purposes. You need to know what these purposes are. They include prescribing the form of warrants and orders. The Governor-General can also make regulations about procedures for claims of privilege under subpart 5 of Part 4. You can find more information about this in the related legislation. The Governor-General can make regulations about what information is included in annual reports. Regulations can also prescribe different forms of warrants and orders. They can list the minimum information that must be included. The chief executive of a law enforcement agency can authorise changes to the language or format of warrants and orders. The Governor-General can make regulations about the cash seizure threshold amount in section 123A(1). This means they can decide on an amount of New Zealand dollars that is more or less than $10,000. You can find more information about preservation directions in subpart 2A of Part 3 or Part 3A. Regulations under this section are secondary legislation, which means they have to be published according to the rules in Part 3 of the Legislation Act 2019. This is important because it helps you understand how regulations are made and used. You can learn more about this by reading the related legislation.

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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.

Topics:
Government and voting > Government departmentsCrime and justice > Police and safety
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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, preservation direction, 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 the chief executive of a law enforcement agency 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, direction, or order for use under different enactments:
            1. prescribe any form of warrant, direction, or order by listing the minimum information requirements to be included:
              1. authorise the chief executive of a law enforcement agency or any other specified person or class of person to authorise variations in the language, provisions, or format of any form of warrant, direction, or order in the warrant or order:
                1. authorise the chief executive of a law enforcement agency or any other specified class of person to include additional information in a prescribed form of warrant, direction, 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. In this section, preservation direction means a preservation direction made under subpart 2A of Part 3 or Part 3A.

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

                  Notes
                  • Section 342(1)(a): amended, on , by section 23(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                  • Section 342(1)(c): amended, on , by section 23(2) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                  • Section 342(2)(a): amended, on , by section 23(3) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                  • Section 342(2)(b): amended, on , by section 23(3) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                  • Section 342(2)(c): amended, on , by section 23(3) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                  • Section 342(2)(c): amended, on , by section 23(4) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                  • Section 342(2)(d): amended, on , by section 23(3) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                  • Section 342(2)(d): amended, on , by section 23(4) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                  • Section 342(2A): inserted, on , by section 36 of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).
                  • Section 342(2B): inserted, on , by section 23(5) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                  • Section 342(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).