Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Privilege and confidentiality - Surveillance

141: Claims for privilege in respect of surveillance

You could also call this:

"Telling authorities what you don't want them to see when they're surveilling you"

If you want to claim privilege about something that is being surveilled, you must tell the person in charge of the surveillance. You need to give them a list of the specific things you are claiming privilege about as soon as you find out you are being surveilled. You should do this as soon as possible after you become aware that you are being surveilled. If you cannot make a detailed list, you can ask a Judge for help or guidance.

If it is hard to make a list of the things you are claiming privilege about, you can ask a Judge for directions or relief. You can do this if you cannot adequately describe the things you are claiming privilege about. A Judge can then give you guidance on what to do next.

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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=DLM4355808.

Topics:

Crime and justice > Police and safetyRights and equality > Privacy

140: Effect of privilege on surveillance conducted under this Act, or

"What happens to your private stuff when someone is spying on you"

142: Effect of privilege on search warrants and search powers, or

"What happens if you say something is private and the police want to search it"

Part 4General provisions in relation to search, surveillance, and inspection powers
Privilege and confidentiality: Surveillance

141Claims for privilege in respect of surveillance

Any person who wishes to claim privilege in respect of any surveillance under this Act—
must provide the person responsible for the surveillance with a particularised list of the matters in respect of which the privilege is claimed, as soon as practicable after the person claiming privilege becomes aware of the surveillance of the matters in respect of which privilege is claimed; and
if the matters in respect of which the privilege is claimed cannot be adequately particularised in accordance with paragraph (a), may apply to a Judge of the appropriate court for directions or relief.