Search and Surveillance Act 2012

Enforcement officers' powers and orders - Surveillance device warrants and declaratory orders - Application for surveillance device warrant

51: Conditions for issuing surveillance device warrant

You could also call this:

"When can police use secret cameras to gather evidence?"

To get a surveillance device warrant, you need to meet some conditions. You must have good reasons to think a crime has happened, is happening, or will happen, and that the law lets an enforcement officer apply for a warrant to look for evidence. The crime must be one that is listed in the Schedule or in this Act.

You also need to think that using a surveillance device will help get information that is relevant to the crime. Additionally, the rules in section 45 must not stop the warrant from being issued. This means that the circumstances must allow for the warrant to be given.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3330215.

Topics:

Crime and justice > Police and safetyCrime and justice > Criminal lawRights and equality > Privacy

50: Approval of law enforcement agencies other than Police to carry out visual trespass surveillance and use interception devices, or

"Who can spy on people besides the Police, and how they get permission to do it"

52: Other provisions that apply to surveillance device warrant applications, or

"Extra rules to follow when applying for a surveillance device warrant"

Part 3Enforcement officers' powers and orders
Surveillance device warrants and declaratory orders: Application for surveillance device warrant

51Conditions for issuing surveillance device warrant

The conditions for issuing a surveillance device warrant are that—
there are reasonable grounds—
1. to suspect that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any enactment specified in column 2 of the Schedule authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the suspected offence; and
2. to believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence; and
the restrictions in section 45 do not prevent the issuing of a surveillance device warrant in the circumstances.