Plain language law

New Zealand law explained for everyone

Search and Surveillance Act 2012

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

69: Form and content of declaratory order

You could also call this:

"What to include when making a declaratory order"

When you make a declaratory order, it must be in a special form if one is prescribed. You must include the Judge's name and the date the order is made. You must also describe what the order is about, like the device or activity it relates to.

You need to give enough details so the enforcement officer knows what to do. This includes describing the person, place, or thing the order is about, if you have that information. You must also say when and why the device or activity can be used.

The order must say what the purpose is, so everyone knows why it is being done. You have to include all these details so the order is clear and easy to understand. This helps make sure the order is followed correctly.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3330226.

Topics:
Crime and justice > Criminal lawCrime and justice > Courts and legal help
Previous

68: Who may make declaratory order, or

"Who can decide if using a special device or technique is okay?"

Next

70: Interpretation, or

"What special words mean in this law"

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

69Form and content of declaratory order

  1. Every declaratory order must be in the prescribed form, if any.

  2. Every declaratory order must also contain, in reasonable detail, the following particulars:

  3. the name of the Judge making the order and the date the order is made:
    1. a description of the device, technique, procedure, or activity that the order relates to, with enough detail to enable the enforcement officer using the device, technique, or procedure, or undertaking the activity, to understand what is covered by the order:
      1. the name, address, or other description of the person, place, vehicle, or other thing that is the object of the use of the device, technique, or procedure, or of the activity (if available):
        1. the circumstances in which the device, technique, or procedure is to be used, or in which the activity is to be undertaken:
          1. the purpose for which the device, technique, procedure, or activity is to be used, or for which the activity is to be undertaken.