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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 or others use special powers, like search warrants, this part of the law applies"

This Part of the law applies to certain things, like powers given to the Police by Part 2 and Part 3. You need to consider the rules in this Part when the Police use their powers, or when they get search warrants or examination orders under Part 2. This Part also applies to powers given to enforcement officers by Part 3.

This Part of the law also applies to other things, like surveillance device warrants and production orders under Part 3. You should look at the Schedule to see which other laws this Part applies to. If there is a conflict between the Schedule and another law, the other law is more important.

When this Part of the law talks about a search, it might actually mean an inspection or examination, depending on the situation. If a warrant or power is used because of a contravention, not an offence, the law will refer to the contravention instead of the offence. The rules in this Part apply to many different situations, and you need to consider them carefully.

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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 the Schedule, to the extent identified in column 4 of the Schedule:
              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 the Schedule and any other enactment, the other enactment prevails.

                2. Column 3 of the Schedule 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.