A Judge can make a declaratory order if they think using a device or technique is reasonable and lawful. You need to understand that the Judge makes this decision based on the circumstances of how the device or technique will be used. The Judge must be satisfied that what is being proposed is both reasonable and lawful.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM3330225.

Topics:

Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy

67: Application for declaratory order, or

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

69: Form and content of declaratory order, or

"What to include when making a declaratory order"

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

68Who may make declaratory order

A Judge may make a declaratory order if he or she is satisfied that the use of a device, technique, or procedure, or the carrying out of an activity, in the circumstances of the proposed use or carrying out of the activity, is reasonable and lawful.