Search and Surveillance Act 2012

Enforcement officers' powers and orders - Surveillance device warrants and declaratory orders - Applying for declaratory order

66: When to obtain declaratory order

You could also call this:

"When to ask a court for permission to do something that might invade someone's privacy"

You can apply for a declaratory order if you are an enforcement officer. You might need to do this when you want to use a device or technique that is not allowed by other laws. This could be something that might invade someone's private space.

You can only apply for a declaratory order in certain situations. These situations are when you want to do something that is not specifically allowed by other laws. You also need to think about whether what you want to do might invade someone's private space.

If you are not sure whether you can do something, you might need to apply for a declaratory order. This is so you can get permission to do what you want to do. You need to make sure you are not invading someone's private space without a good reason.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3330222.


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65: What is a declaratory order, or

"A Judge's declaratory order explains what they think is reasonable and lawful in a specific situation."


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67: Application for declaratory order, or

"Asking a Judge to approve a search or surveillance method"

Part 3Enforcement officers' powers and orders
Surveillance device warrants and declaratory orders: Applying for declaratory order

66When to obtain declaratory order

  1. An enforcement officer may apply for a declaratory order in the circumstances set out in subsection (2).

  2. The circumstances are that—

  3. the enforcement officer wishes to use a device, technique, or procedure, or to carry out an activity, that is not specifically authorised by another statutory regime; and
    1. the use of the device, technique, or procedure, or the carrying out of the activity, may constitute an intrusion into the reasonable expectation of privacy of any other person.