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 changes. When the Search and Surveillance Act 2012 came into effect, 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 be wondering what happens to applications that were made under Part 11A before 18 April 2012. If an application was made before that date but not finished, the old rules still apply to that application. This means the old rules apply to anything related to the 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 had 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. The old rules also apply to anything related to the warrant or permit, except for <a href=https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330968>section 312F. Some private communications were intercepted before 18 April 2012. The old rules, specifically <a href=https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM330994>section 312M, still apply to those communications. This means the new law does not change how those communications are handled. A continuing warrant or permit is one that was issued before 18 April 2012, or one that was applied for before that date and issued after.

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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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"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

"What happens to old drug laws when new laws started"

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

  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.