Search and Surveillance Act 2012

Amendments, repeals, and miscellaneous provisions - Regulation-making powers, transitional provisions, and review provision - Transitional provisions

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

You could also call this:

"What happens to old cases when new laws start"

When the Search and Surveillance Act 2012 came into effect, it changed some laws. You need to know what happens to things that were already happening under the old laws. If someone applied for something under Part 11A of the Crimes Act 1961 before 18 April 2012, the old laws still apply to that application.

This means the old laws apply even after the new laws started. The old laws also still apply to warrants or permits that were already in place, except for section 312F.

A continuing warrant or permit is one that was issued under Part 11A of the Crimes Act 1961 before 18 April 2012, or one that was issued after that date for an application made before that date. The old laws also still apply to private communications that were intercepted before 18 April 2012, under section 312M.

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


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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"


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

"Old laws still apply to unfinished drug cases started before 18 April 2012"

Part 5Amendments, repeals, and miscellaneous provisions
Regulation-making powers, transitional provisions, and review provision: Transitional provisions

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

  1. Despite the repeal of Part 11A of the Crimes Act 1961 by this Act,—

  2. 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
    1. 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
      1. 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.
        1. In this section, continuing warrant or permit means an interception warrant or emergency permit issued under Part 11A of the Crimes Act 1961

        2. before 18 April 2012; or
          1. on or after that date on an application made before that date.