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:

"Rules for getting a warrant to use a surveillance device to help solve a crime"

Illustration for Search and Surveillance Act 2012

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 allows an enforcement officer to apply for a warrant to gather evidence about this crime, as stated in the Schedule 2 of this Act. You must also believe that using a surveillance device will help get information that is relevant to the crime.

You also need to check that the rules in section 45 do not stop the warrant from being issued in this situation. The person issuing the warrant must consider these things before making a decision. This is how the law works when it comes to surveillance device warrants.

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This page was last updated on 4 August 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 > Criminal lawCrime and justice > Police and safetyRights 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 Schedule 2 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.

Notes

Section 51(a)(i): amended, on 31 July 2025, by section 27(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).