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Search and Surveillance Act 2012

Enforcement officers' powers and orders - Surveillance device warrants and declaratory orders

45: Restrictions on some trespass surveillance and use of interception device

You could also call this:

"Rules for police when spying on people or using secret listening devices"

Enforcement officers have some rules they must follow. They are not allowed to do trespass surveillance, except to get evidence for certain crimes. These crimes include ones that can result in a prison sentence of 7 years or more, or crimes against sections of the Arms Act 1983, such as section 16(4), or crimes against sections of the Psychoactive Substances Act 2013, such as section 25, or crimes against section 308A of the Crimes Act 1961. Enforcement officers are also not allowed to use interception devices, except to get evidence for the same certain crimes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3330212.

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44: Common law defence of necessity for people other than constables not affected by this Part, or

"This law doesn't change a special defence called 'necessity' for people who aren't police officers."

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46: Activities for which surveillance device warrant required, or

"When police need a special permit to spy on people"

Part 3Enforcement officers' powers and orders
Surveillance device warrants and declaratory orders

45Restrictions on some trespass surveillance and use of interception device

  1. Nothing in this subpart authorises any enforcement officer to undertake trespass surveillance (other than by means of a tracking device) except in order to obtain evidential material in relation to an offence—

  2. that is punishable by a term of imprisonment of 7 years or more; or
    1. against section 16(4), 16A, 42A, 42B, 43, 43AA, 44, 44AA, 44A, 45, 50, 50A, 50AA, 50B, 50C, 50CA, 50D, 51, 53A(2), 54, 55, or 55A of the Arms Act 1983; or
      1. against section 25, 26, or 70 of the Psychoactive Substances Act 2013; or
        1. against section 308A of the Crimes Act 1961.

          1. Nothing in this subpart authorises any enforcement officer to use an interception device except in order to obtain evidential material in relation to an offence—

          2. that is punishable by a term of imprisonment of 7 years or more; or
            1. against section 16(4), 16A, 42A, 42B, 44, 44A, 45, 50, 50A, 50B, 50C, 50D, 51, 53A(2), 54, 55, or 55A of the Arms Act 1983; or
              1. against section 25, 26, or 70 of the Psychoactive Substances Act 2013; or
                1. against section 308A of the Crimes Act 1961.

                  Notes
                  • Section 45(1)(b): replaced, on , by section 109 of the Arms Legislation Act 2020 (2020 No 23).
                  • Section 45(1)(b): amended, on , by section 19 of the Firearms Prohibition Orders Legislation Act 2022 (2022 No 41).
                  • Section 45(1)(c): inserted, on , by section 108(3) of the Psychoactive Substances Act 2013 (2013 No 53).
                  • Section 45(1)(d): inserted, on , by section 12(1) of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).
                  • Section 45(2)(b): replaced, on , by section 109 of the Arms Legislation Act 2020 (2020 No 23).
                  • Section 45(2)(b): amended, on , by section 19 of the Firearms Prohibition Orders Legislation Act 2022 (2022 No 41).
                  • Section 45(2)(c): inserted, on , by section 108(5) of the Psychoactive Substances Act 2013 (2013 No 53).
                  • Section 45(2)(d): inserted, on , by section 12(2) of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).