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Search and Surveillance Act 2012

Amendments, repeals, and miscellaneous provisions - Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes - Amendments to Financial Markets Authority Act 2011

245: Amendments to Financial Markets Authority Act 2011

You could also call this:

"Changes to the Financial Markets Authority Act 2011 to update search and surveillance rules"

The law is changing the Financial Markets Authority Act 2011. You can find the Financial Markets Authority Act 2011 on the New Zealand legislation website. Some parts of the law are being replaced with parts from the Search and Surveillance Act 2012.

The law is updating who can issue a search warrant. Now, an issuing officer can issue a search warrant, not just a Judge of the High Court or a District Court Judge. You can find out what an issuing officer is by looking at section 3 of the Search and Surveillance Act 2012.

Some words are being removed from the law, like the definitions of evidential material, thing, and vehicle. A new subsection is being added to the law, which says that some parts of the Search and Surveillance Act 2012 will apply. You can find these parts in Part 4 of the Search and Surveillance Act 2012, but not sections 118 and 119.

The law is also removing Schedule 2 from the Financial Markets Authority Act 2011. This change is part of the updates to the Financial Markets Authority Act 2011. You can find more information about the Search and Surveillance Act 2012 on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4356305.

Topics:
Business > Industry rulesCrime and justice > Police and safetyRights and equality > Privacy
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"A part of the law called Section 118 is no longer used."

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Part 5Amendments, repeals, and miscellaneous provisions
Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes: Amendments to Financial Markets Authority Act 2011

245Amendments to Financial Markets Authority Act 2011

  1. This section amends the Financial Markets Authority Act 2011.

  2. Section 22(6) is amended by omitting clauses 39 and 40 of Schedule 2 (which provide for immunities in respect of entry or search powers) and substituting sections 165 to 168 of the Search and Surveillance Act 2012 (which provide for immunities in relation to orders and warrants, and entry, search, and surveillance powers).

  3. Section 29(3) is amended by—

  4. omitting A Judge of the High Court or a District Court Judge may issue a search warrant in relation to a place, vehicle, or other thing, on application and substituting An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) may issue a search warrant in relation to a place, vehicle, or thing, on an application made in the manner provided by subpart 3 of Part 4 of that Act; and
    1. omitting the Judge and substituting the issuing officer.

      1. Section 29(3)(b) is amended by omitting specified in the application.

      2. Section 29(4) is amended by omitting and Schedule 2.

      3. The definitions of evidential material, thing, and vehicle in section 29(4) are repealed.

      4. Section 29 is amended by repealing subsection (5) and substituting the following subsection:

      5. The provisions of Part 4 of the Search and Surveillance Act 2012 (except sections 118 and 119) apply, with any necessary modifications.

      6. Schedule 2 is repealed.

      Notes