Search and Surveillance Act 2012

Amendments, repeals, and miscellaneous provisions - Regulation-making powers, transitional provisions, and review provision - Transitional provisions relating to this Act as enacted

346: Transitional provision relating to Part 11A of Crimes Act 1961

You could also call this:

"What happens to old cases when the law changes"

Illustration for Search and Surveillance Act 2012

You need to know what happens when a law is changed. When the Search and Surveillance Act 2012 was enacted, it changed some things about the Crimes Act 1961. This change affects things that were happening under Part 11A of the Crimes Act 1961 before 18 April 2012. You might have made an application under Part 11A before 18 April 2012. If you did, and the application was not finished before that date, the old rules still apply to your application. This means the new law does not change what happens to your application. There's something called a continuing warrant or permit. This is an interception warrant or emergency permit issued under Part 11A of the Crimes Act 1961. If you got one of these before 18 April 2012, or if you applied for one before that date and got it after, the old rules still apply to it. Some rules from the old law still apply to private communications that were intercepted before 18 April 2012. You can find more information about this in section 312M of the Crimes Act 1961. The old rules also apply to things that were happening under Part 11A, except for section 312F.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4356925.

Topics:

Crime and justice > Courts and legal helpCrime and justice > Police and safetyGovernment and voting > Government departments

345: Disclosure of prior warrants in applications for search warrants, or

"Telling the court about past search warrants when you apply for a new one"

347: Transitional provision relating to sections 14 to 29 of Misuse of Drugs Amendment Act 1978, or

"What happens to old cases when drug laws change"

Part 5Amendments, repeals, and miscellaneous provisions
Regulation-making powers, transitional provisions, and review provision: Transitional provisions relating to this Act as enacted

346Transitional provision relating to Part 11A of Crimes Act 1961

Despite the repeal of Part 11A of the Crimes Act 1961 by this Act,—
where an application has been made under that Part before 18 April 2012, and the application is not finally determined before that date, that Part continues to apply to the application and to any matter or obligation relating to the application in all respects as if this Act (other than this section) had not been enacted; and
that Part (except for section 312F) continues to apply to a continuing warrant or permit and to any matter or obligation relating to the continuing warrant or permit in all respects as if this Act (other than this section) had not been enacted; and
section 312M of that Act continues to apply to private communications intercepted before 18 April 2012 in all respects as if this Act (other than this section) had not been enacted.

In this section, continuing warrant or permit means an interception warrant or emergency permit issued under Part 11A of the Crimes Act 1961—
before 18 April 2012; or
on or after that date on an application made before that date.