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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Application of rules in this Part, and consent searches - Application of rules

89: Application of this Part

You could also call this:

"When police use special powers, like search warrants, this part of the law applies to you."

Illustration for Search and Surveillance Act 2012

This Part of the law applies to you when the Police or other officers are using certain powers. These powers are found in Parts 2 and 3 of this law, and they include things like search warrants and surveillance devices. You can find more information about these powers in Part 2 and Part 3.

This Part also applies to you when other laws give the Police or officers certain powers. You can find a list of some of these laws in Schedule 2. If another law says something different, that law is more important.

Sometimes, the words used in this Part of the law might not exactly match what is happening. For example, if the Police have a warrant to inspect something, the law will use the word "search" but it really means "inspect". If the Police are looking for something because of a rule being broken, not a crime, the law will use the word "offence" but it really means "rule being broken".

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4355328.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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88: Warrantless search of arrested or detained person, or

"When you're arrested, police can search you without permission if they think you have something dangerous or wrong."

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90: Application of rules in relation to enforcement officers and transfer of things between law enforcement agencies, etc, or

"Rules for police and other law enforcement officers when they share jobs and things with other agencies"

Part 4General provisions in relation to search, surveillance, and inspection powers
Application of rules in this Part, and consent searches: Application of rules

89Application of this Part

  1. This Part, so far as applicable and subject to any contrary provisions, applies in respect of matters provided in Parts 2 and 3, in respect of each of the following:

  2. powers conferred on the Police by Part 2:
    1. search warrants and examination orders applied for, issued, or made under Part 2:
      1. powers conferred on enforcement officers by Part 3:
        1. surveillance device warrants, declaratory orders, and production orders applied for, issued, or made under Part 3:
          1. any other matter provided for in Part 2 or 3.

            1. This Part also applies in respect of powers conferred by—

            2. the enactments listed in column 2 of Schedule 2, to the extent identified in column 4 of Schedule 2:
              1. any other enactment, to the extent that the other enactment expressly applies any provisions in this Part.

                1. To the extent of any inconsistency between Schedule 2 and any other enactment, the other enactment prevails.

                2. Column 3 of Schedule 2 does not limit, or affect the interpretation of, any enactment described in that column.

                3. If any provision in this Part applies (because of subsection (2)) in respect of any warrant or any power that authorises entry and inspection, or entry and examination, every reference in that provision to a search must, in relation to that warrant and its execution, or in relation to that power and its exercise, be read instead, as the case requires, as a reference to an inspection, or a power of inspection, or an examination, or a power of examination.

                4. If any provision in this Part applies (because of subsection (2)) in respect of any warrant that may be issued, or any power of entry, search, inspection, or examination that may be exercised, by reason of a contravention other than an offence, every reference in that provision to an offence must, in relation to the warrant and its execution, or to the power and its exercise, be read instead as a reference to such a contravention.

                Notes
                • Section 89(2)(a): replaced, on , by section 27(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                • Section 89(3): amended, on , by section 27(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
                • Section 89(4): amended, on , by section 27(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).