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Search and Surveillance Act 2012

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

67: Application for declaratory order

You could also call this:

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

If you want to apply for a declaratory order, you must be an enforcement officer. Your application must include some important details. You need to say who you are, and describe the device, technique, or activity you want to use, so the Judge can understand it. You also need to say who or what the device or activity is about, if you know, and explain when and why you want to use it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4355326.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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66: When to obtain declaratory order, or

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

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68: Who may make declaratory order, or

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

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

67Application for declaratory order

  1. An application for a declaratory order may be made only by an enforcement officer, and must contain, in reasonable detail, the following particulars:

  2. the name of the applicant:
    1. a description of the device, technique, procedure, or activity, with enough detail to enable the Judge to understand what is proposed to be used or undertaken:
      1. the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed use of the device, technique, or procedure, or of the proposed activity (if available):
        1. the circumstances in which the device, technique, or procedure is proposed to be used, or in which the activity is proposed to be undertaken:
          1. the purpose for which the device, technique, or procedure is to be used, or for which the activity is to be undertaken.