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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 Waste Minimisation Act 2008
305: Amendments to Waste Minimisation Act 2008

Part 1:
General provisions

3Interpretation 4Act binds the Crown 5Purpose

Part 2:
Police powers

Rules about search warrant powers in relation to places, vehicles, and other things

6Issuing officer may issue search warrant

Warrantless powers to enter and search when effecting arrest

7Entry without warrant to arrest person unlawfully at large 8Entry without warrant to avoid loss of offender or evidential material

Stopping vehicle without warrant to effect arrest

9Stopping vehicle to find persons unlawfully at large or who have committed certain offences 10Powers and duties of constable after vehicle stopped

Warrantless searches of people who are to be locked up in Police custody

11Warrantless searches of people who are, or are to be, locked up in Police custody 12Searchers 13Property taken from people locked up in Police custody

Warrantless powers of entry in urgent circumstances

14Warrantless entry to prevent offence or respond to risk to life or safety

Warrantless powers for evidential material relating to serious offences

15Entry without warrant to find and avoid loss of evidential material relating to certain offences 16Searching people in public place without warrant for evidential material relating to certain offences 17Warrantless entry and search of vehicle for evidential material relating to certain offences

Warrantless powers in relation to arms

18Warrantless searches associated with arms 18AAWarrantless searches associated with FPOs

Warrants to search and seize weapons when there is gang conflict

18AInterpretation 18BApplication for warrant to search places and vehicles and seize weapons 18CContent of application 18DIssue of warrant to search places and vehicles in specified area and seize weapons 18EPlaces and vehicles may be searched on more than 1 occasion 18FForm and content of warrant 18GJudge may require warrant report

Police powers in relation to Misuse of Drugs Act 1975 offences

19Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants 20Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences 21Warrantless searches of people found in or on places or vehicles 22Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975 23Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975 24Effect of not permitting internal search under section 23 on bail application

Warrantless powers in relation to offences against section 78 or 78AA of Crimes Act 1961

25Warrantless searches if offence against section 78 or 78AA of Crimes Act 1961 suspected

Warrantless powers in relation to offences against section 202A of Crimes Act 1961

26Meaning of disabling substance and offensive weapon in this subpart 27Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected 28Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected

Warrantless search of vehicle for stolen property

29Power to search vehicles without warrant for stolen property

Warrantless powers relating to road blocks

30Obtaining authorisation for warrantless road block 31Duration and record of warrantless road block authorisation 32Authorised road blocks implemented without warrant

Examination orders

Other matters

44Common law defence of necessity for people other than constables not affected by this Part

Part 3:
Enforcement officers' powers and orders

Surveillance device warrants and declaratory orders

45Restrictions on some trespass surveillance and use of interception device

Surveillance device warrants

46Activities for which surveillance device warrant required 47Some activities that do not require warrant under this subpart 48Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency

Application for surveillance device warrant

49Application for surveillance device warrant 50Approval of law enforcement agencies other than Police to carry out visual trespass surveillance and use interception devices 51Conditions for issuing surveillance device warrant 52Other provisions that apply to surveillance device warrant applications

Issuing of surveillance device warrant

53Who may issue surveillance device warrant 54Restrictions on issue of surveillance device warrant 55Form and content of surveillance device warrant

Carrying out authorised surveillance activities and evidential material relevant to other offences

56Carrying out authorised surveillance activities 57Admissibility of evidential material relevant to other offences

Other provisions applying to surveillance device warrants

58Other provisions that apply to surveillance device warrants

Surveillance device warrant reports

59Surveillance device warrant report 60Report on use of surveillance device in situation of urgency or emergency 61Actions on receipt of surveillance device warrant report 62Actions on receipt of report on use of surveillance device in situation of urgency or emergency

Retention and destruction of raw surveillance data, excerpts, and other information obtained

63Retention of raw surveillance data, excerpts, and information obtained 64Disposal of raw surveillance data, excerpts, and information obtained

Declaratory orders

65What is a declaratory order

Applying for declaratory order

66When to obtain declaratory order 67Application for declaratory order

Making declaratory order

68Who may make declaratory order 69Form and content of declaratory order

Production orders

70Interpretation 71Enforcement officer may apply for production order 72Conditions for making production order 73Other provisions that apply to production order applications 74Issuing officer may make production order 75Form and content of production order 76Duration of production order 77Other provisions applying to production orders 78Documents produced under production order 79Copy of retained document to be given

Police and Customs officer powers to search in relation to delivery under section 12 of Misuse of Drugs Amendment Act 1978

80Meaning of terms used in this subpart 81Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978

Warrantless powers of entry and search incidental to arrest or detention

82Application of this subpart 83Entry without warrant after arrest 84Warrantless entry and search of vehicle after arrest 85Rub-down search of arrested or detained person 86Things that can be done to facilitate rub-down search 87Rub-down search may include visual examination 88Warrantless search of arrested or detained person

Part 4:
General 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 90Application of rules in relation to enforcement officers and transfer of things between law enforcement agencies, etc

Consent searches

91Application of rules about consent searches 92Purposes for which consent search may be undertaken 93Advice that must be given before consent search undertaken 94Circumstances where search by consent unlawful 95Ability of persons under 14 years to consent to searches of places, vehicles, or other things 96Exceptions to consent search rules

Search warrants

97Interpretation

Application for search warrant

98Application for search warrant 99Application must be verified 100Mode of application for search warrant 101Retention of documents

Issuing of search warrant

102Restrictions on issue of search warrant 103Form and content of search warrant 104Issuing officer may require search warrant report 105Transmission of search warrant 106When search warrant executed 107When search warrant invalid 108Authorisation of issuing officers 109Limitation on jurisdiction of certain issuing officers

Carrying out search powers

110Search powers 111Remote access search of thing authorised by warrant 112Items of uncertain status may be seized 113Powers of persons called to assist 114Powers of persons called to assist remote access search 115Limitation on exercise of powers

Giving directions

116Securing place, vehicle, or other thing to be searched

Establishing search scene

117Special powers where application for search warrant pending

Detention of person at search scene

118Powers of detention incidental to powers to search places and vehicles

Powers of search incidental to powers of arrest

119Powers of search by person who has power of arrest 120Powers of search when suspect pursued

Stopping vehicles with or without warrant for purposes of search

121Stopping vehicles with or without warrant for purposes of search

Moving vehicle for safekeeping and other purposes

122Moving vehicles for purpose of search or safekeeping

Seizure of items in plain view

123Seizure of items in plain view

Seizure of cash found in suspicious circumstances

123AInterpretation 123BSeizure of cash of or over cash seizure threshold amount 123CApplication to retain cash seized for further period 123DReturn or release of cash seized 123EApplication to District Court for return or release of cash seized

Search of persons

124Internal searches generally prohibited 125Special rules about searching persons 126Guidelines and rules about use of strip searching

Search warrants to enter and search vehicles

127Search warrants to enter and search vehicles

Duty to remain stopped

128Duty to remain stopped

Duty to provide information

129Duty to provide information

Computer system searches

130Duty of persons with knowledge of computer system or other data storage devices or Internet site to assist access

Identification and notice

131Identification and notice requirements for person exercising search power (other than remote access search)132Identifications and notice requirements for remote access search 133Inventory of items seized 134Compliance with certain provisions may be deferred in certain circumstances 135Further postponement of, or dispensation from, obligation to comply with certain provisions

Privilege and confidentiality

General

136Recognition of privilege 137Lawyers' trust accounts

Examination orders and production orders

138Privilege against self-incrimination 139Other privileges

Surveillance

140Effect of privilege on surveillance conducted under this Act 141Claims for privilege in respect of surveillance

Search warrants and other search powers

142Effect of privilege on search warrants and search powers 143Search warrants that extend to lawyers' premises or material held by lawyers 144Search warrant extending to certain other privileged materials 145Searches otherwise affecting privileged materials 146Interim steps pending resolution of privilege claim 147Claims for privilege for things seized or sought to be seized

Admission of evidence generally

148Admission of evidence

Procedures applying to seized or produced materials

149Disposal of things seized or produced 150Certain things must be returned 151Custody of things seized or produced 152Copies of things seized or produced 153Extension of time for holding thing seized or produced 154Disputed ownership of thing seized or produced 155Seized or produced property forfeit to the Crown if ownership not established

Rights of owners and others in relation to things seized or produced

156Application for release of or access to things seized or produced 157Failure to comply with bond or conditions 158Application to District Court for access to thing seized or produced 159Application to District Court for release of thing seized or produced 160Disposal of unlawful items 160ADisposal of weapons 161Disposal of forensic copies 162Other copies and generated material may be retained 163Application to District Court to dispose of seized property

Immunities

164Immunities of issuing officer 165Immunities in relation to obtaining or execution of orders and warrants 166Other immunities in relation to exercise of entry, search, or surveillance powers 167Immunity of the Crown 168Relationship between sections 164 to 167 and other enactments

Reporting

169Reporting of exercise of powers within law enforcement agency 170Annual reporting of search and surveillance powers by Commissioner 171Annual reporting of search and surveillance powers by agencies other than Police 171AInformation to be included in report on warrants under subpart 6A of Part 2 172Information to be included in report on surveillance device warrants and declaratory orders

Offences

173Failing to comply with examination order 174Failing to comply with production order 175False application for examination order, production order, search warrant, surveillance device warrant, or declaratory order 176Leaving search location in breach of direction 177Offences relating to stopping vehicles 178Offence of failing to carry out obligations in relation to computer system search 179Offence to disclose information acquired through search or surveillance

Miscellaneous

180Effect of proceedings 181Service of orders and notices

Part 5:
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 Agricultural Compounds and Veterinary Medicines Act 1997

182Amendments to Agricultural Compounds and Veterinary Medicines Act 1997 183Powers of entry for inspection 184Issue of search warrants 185Powers of entry with warrant 186Disposal of property seized 187Section 84 repealed 188Schedule 1 repealed

Amendments to Animal Products Act 1999

189Amendments to Animal Products Act 1999 190Power of entry 191Power to examine, etc 192New section 91A inserted 193Other amendments to Animal Products Act 1999

Amendments to Animal Welfare Act 1999

194Amendments to Animal Welfare Act 1999 195Amendments to sections 130 to 136 196New section 136A inserted 197Vehicle, aircraft, ship, or animal may be detained 198Power of court to order that certain animals be forfeited to the Crown or approved organisation

Amendment to Antarctic Marine Living Resources Act 1981

199Amendment to Antarctic Marine Living Resources Act 1981

Amendments to Antarctica (Environmental Protection) Act 1994

200Amendments to Antarctica (Environmental Protection) Act 1994

Amendments to Anti-Money Laundering and Countering Financing of Terrorism Act 2009

201Amendments to Anti-Money Laundering and Countering Financing of Terrorism Act 2009

Amendments to Aviation Crimes Act 1972

202Amendments to Aviation Crimes Act 1972

Amendments to Biosecurity Act 1993

203Amendments to Biosecurity Act 1993

Amendment to Boxing and Wrestling Act 1981

204Amendment to Boxing and Wrestling Act 1981 205New section 9 substituted

Amendments to Children, Young Persons, and Their Families Act 1989

206Amendments to Children, Young Persons, and Their Families Act 1989 207Amendments to Parts 1 to 9 of Children, Young Persons, and Their Families Act 1989 208Amendments to Part 10 of Children, Young Persons, and Their Families Act 1989 209New section 445D inserted

Amendments to Civil Aviation Act 1990

210Amendments to Civil Aviation Act 1990

Amendments to Commodity Levies Act 1990

211Amendments to Commodity Levies Act 1990

Amendments to Conservation Act 1987

212Amendments to Conservation Act 1987

Amendments to Criminal Proceeds (Recovery) Act 2009

213Amendments to Criminal Proceeds (Recovery) Act 2009 214Amendments to sections 59 and 71 of Criminal Proceeds (Recovery) Act 2009 215Amendments to sections 101 to 110 of Criminal Proceeds (Recovery) Act 2009 216New section 114 substituted 217Sections 115 to 122 repealed 218New section 127 substituted 219Additional matters in respect of registering foreign forfeiture order

Amendments to Customs and Excise Act 1996

220Amendments to Customs and Excise Act 1996 221Amendments to sections 139 to 141 of Customs and Excise Act 1996 222Searching vehicles 223Amendments to sections 149A to 149D of Customs and Excise Act 1996 224Examination of goods no longer subject to control of Customs 225Amendments to sections 165 to 167 of Customs and Excise Act 1996 226Amendments to section 172 and repeal of sections 168 to 171, and 173 of Customs and Excise Act 1996 227Seizure and detention of goods suspected to be certain risk goods or evidence of commission of certain offences 228New section 175D inserted 229Amendments to Part 17 of Customs and Excise Act 1996

Amendments to Dairy Industry Restructuring Act 2001

230Amendments to Dairy Industry Restructuring Act 2001

Amendments to Dog Control Act 1996

231Amendments to Dog Control Act 1996 232Power of entry 233Other amendments to Dog Control Act 1996

Amendments to Driftnet Prohibition Act 1991

234Amendments to Driftnet Prohibition Act 1991 235Powers of search 236Powers of seizure 237Sections 16, 17, and 19 to 22 repealed 238Section 24 repealed

Amendments to Electricity Industry Act 2010

239Amendments to Electricity Industry Act 2010 239AAmendments to Electronic Identity Verification Act 2012

Amendments to Extradition Act 1999

240Amendments to Extradition Act 1999

Amendments to Films, Videos, and Publications Classification Act 1993

241Amendments to Films, Videos, and Publications Classification Act 1993 242Amendments to sections 109 to 109B of Films, Videos, and Publications Classification Act 1993 243New section 110 substituted 244Section 118 repealed

Amendments to Financial Markets Authority Act 2011

245Amendments to Financial Markets Authority Act 2011

Amendments to Financial Transactions Reporting Act 1996

246Amendments to Financial Transactions Reporting Act 1996

Amendments to Fisheries Act 1996

247Amendments to Fisheries Act 1996 248New sections 199 and 199A substituted 249New section 199B inserted 250Amendments to sections 200 to 207 of Fisheries Act 1996 251Amendments to sections 208 to 220 of Fisheries Act 1996 252Schedule 7 repealed

Amendments to Food Act 1981

253Amendments to Food Act 1981

Amendments to Gambling Act 2003

254Amendments to Gambling Act 2003

Amendments to Hazardous Substances and New Organisms Act 1996

255Amendments to Hazardous Substances and New Organisms Act 1996

Amendments to Health Practitioners Competence Assurance Act 2003

256Amendments to Health Practitioners Competence Assurance Act 2003

Amendments to Human Assisted Reproductive Technology Act 2004

257Amendments to Human Assisted Reproductive Technology Act 2004

Amendments to Human Tissue Act 2008

258Amendments to Human Tissue Act 2008

Amendment to Immigration Act 2009

259Amendment to Immigration Act 2009

Amendments to Immigration Advisers Licensing Act 2007

260Amendments to Immigration Advisers Licensing Act 2007 261New sections 56 and 57 substituted 262Amendments to sections 58 to 61 of Immigration Advisers Licensing Act 2007 263New section 61A inserted 264Other amendments to Immigration Advisers Licensing Act 2007

Amendments to Insurance (Prudential Supervision) Act 2010

265Amendments to Insurance (Prudential Supervision) Act 2010

Amendments to International Crimes and International Criminal Court Act 2000

266Amendments to International Crimes and International Criminal Court Act 2000

Amendments to International War Crimes Tribunals Act 1995

267Amendments to International War Crimes Tribunals Act 1995

Amendments to Land Transport Act 1998

268Amendments to Land Transport Act 1998

Amendments to Local Government Act 2002

269Amendments to Local Government Act 2002 270Seizure of property from private land 271Other amendments to Local Government Act 2002

Amendments to Major Events Management Act 2007

272Amendments to Major Events Management Act 2007

Amendments to Marine Mammals Protection Act 1978

273Amendments to Marine Mammals Protection Act 1978 274Powers of search 275New section 14 substituted

Amendments to Marine Reserves Act 1971

276Amendments to Marine Reserves Act 1971

Amendments to Maritime Security Act 2004

277Amendments to Maritime Security Act 2004

Amendments to Maritime Transport Act 1994

278Amendments to Maritime Transport Act 1994 279Amendments to Part 30 of Maritime Transport Act 1994 280New sections 454 and 455 substituted

Amendments to Meat Board Act 2004

281Amendments to Meat Board Act 2004 282Amendments to Part 3 of Meat Board Act 2004 283Amendments to Part 4 of Meat Board Act 2004

Amendments to Motor Vehicle Sales Act 2003

284Amendments to Motor Vehicle Sales Act 2003

Amendments to National Parks Act 1980

285Amendments to National Parks Act 1980

Amendments to Overseas Investment Act 2005

286Amendments to Overseas Investment Act 2005

Amendments to Ozone Layer Protection Act 1996

287Amendments to Ozone Layer Protection Act 1996 288Search warrants 289New section 25 substituted 290Return or forfeiture of property seized

Amendment to Petroleum Demand Restraint Act 1981

291Amendment to Petroleum Demand Restraint Act 1981

Amendments to Pork Industry Board Act 1997

292Amendments to Pork Industry Board Act 1997

Amendments to Prostitution Reform Act 2003

293Amendments to Prostitution Reform Act 2003

Amendments to Radiation Protection Act 1965

294Amendments to Radiation Protection Act 1965

Amendments to Radiocommunications Act 1989

295Amendments to Radiocommunications Act 1989

Amendments to Reserve Bank of New Zealand Act 1989

296Amendments to Reserve Bank of New Zealand Act 1989 297Amendments to Parts 4 and 5 of Reserve Bank of New Zealand Act 1989 298Further amendments to Reserve Bank of New Zealand Act 1989

Amendments to Reserves Act 1977

299Amendments to Reserves Act 1977

Amendments to Resource Management Act 1991

300Amendments to Resource Management Act 1991

Amendments to Sale of Liquor Act 1989

301Amendments to Sale of Liquor Act 1989

Amendments to Tax Administration Act 1994

302Amendments to Tax Administration Act 1994

Amendments to Trade in Endangered Species Act 1989

303Amendments to Trade in Endangered Species Act 1989

Amendments to Unsolicited Electronic Messages Act 2007

304Amendments to Unsolicited Electronic Messages Act 2007

Amendments to Waste Minimisation Act 2008

305Amendments to Waste Minimisation Act 2008 306Amendments to Waste Minimisation Act 2008 307Other amendments to Waste Minimisation Act 2008

Amendments to Wild Animal Control Act 1977

308Amendments to Wild Animal Control Act 1977

Amendments to Wildlife Act 1953

309Amendments to Wildlife Act 1953

Amendments to Wine Act 2003

310Amendments to Wine Act 2003

Amendments to search and seizure powers in other enactments (and to related provisions) used for regulatory purposes

Amendments to Anti-Personnel Mines Prohibition Act 1998

311Amendments to Anti-Personnel Mines Prohibition Act 1998

Amendments to Chemical Weapons (Prohibition) Act 1996

312Amendments to Chemical Weapons (Prohibition) Act 1996

Amendments to Commerce Act 1986

313Amendments to Commerce Act 1986

Amendment to Credit Contracts and Consumer Finance Act 2003

314Amendment to Credit Contracts and Consumer Finance Act 2003

Amendments to Electricity Act 1992

315Amendments to Electricity Act 1992

Amendments to Fair Trading Act 1986

316Amendments to Fair Trading Act 1986

Amendments to Forests Act 1949

317Amendments to Forests Act 1949

Amendments to Gas Act 1992

318Amendments to Gas Act 1992

Amendments to International Energy Agreement Act 1976

319Amendments to International Energy Agreement Act 1976 320Power of entry 321New section 11 substituted

Amendments to Weights and Measures Act 1987

322Amendments to Weights and Measures Act 1987

Other repeals and amendments

Amendments to Arms Act 1983

323Arms Act 1983 amended

Amendments to Corrections Act 2004

324Corrections Act 2004 amended

Amendments to Crimes Act 1961

325Crimes Act 1961 amended

Amendments to Crimes Amendment Act (No 4) 2011

326Amendments to Crimes Amendment Act (No 4) 2011

Amendments to Criminal Procedure Act 2011

327Amendments to Criminal Procedure Act 2011

Amendment to District Courts Act 1947

328District Courts Act 1947 amended 329New section 17A substituted

Amendment to Health Act 1956

330Health Act 1956 amended

Amendments to Misuse of Drugs Act 1975

331Misuse of Drugs Act 1975 amended 332New section 18 substituted 333Application of Customs and Excise Act 1996

Amendments to Misuse of Drugs Amendment Act 1978

334Misuse of Drugs Amendment Act 1978 amended

Amendment to Mutual Assistance in Criminal Matters Act 1992

335Mutual Assistance in Criminal Matters Act 1992 amended

Amendments to Policing Act 2008

336Policing Act 2008 amended

Amendments to Summary Proceedings Act 1957

337Summary Proceedings Act 1957 amended

Amendments to Summary Proceedings Amendment Act (No 2) 2011

338Amendments to Summary Proceedings Amendment Act (No 2) 2011

Amendment to Telecommunications Act 2001

339Telecommunications Act 2001 amended

Amendment to Telecommunications (Interception Capability) Act 2004

340Telecommunications (Interception Capability) Act 2004 amended

Repeal of Telecommunications (Residual Provisions) Act 1987

341Telecommunications (Residual Provisions) Act 1987 repealed

Regulation-making powers, transitional provisions, and review provision

342Regulations

Transitional provisions

Review provision

357Review of operation of Act

Powers in other enactments to which all or part of Part 4 of Search and Surveillance Act 2012 applies

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 Waste Minimisation Act 2008

305: Amendments to Waste Minimisation Act 2008

You could also call this:

"Changes to the Waste Minimisation Act 2008 law"

The law is changing some parts of the Waste Minimisation Act 2008. You can find these changes in sections called 306 and 307. These sections update the Waste Minimisation Act 2008 law.

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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=DLM4356908.

Topics:

Environment and resources > Town planning

304: Amendments to Unsolicited Electronic Messages Act 2007, or

"Changes to the rules about unwanted emails and messages"

306: Amendments to Waste Minimisation Act 2008, or

"Changes to the law about reducing waste in New Zealand"

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 Waste Minimisation Act 2008

305Amendments to Waste Minimisation Act 2008

Sections 306 and 307 amend the Waste Minimisation Act 2008.

Notes