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Search and Surveillance Act 2012

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

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

You could also call this:

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

When the Search and Surveillance Act 2012 came into effect, it changed some laws. You need to know what happens to applications and warrants that were already in progress. If someone made an application under sections 14 to 29 of the Misuse of Drugs Amendment Act 1978 before 18 April 2012, those old laws still apply to that application.

This means that if you had an application that was not finished before 18 April 2012, the old laws will still be used for that application. The old laws also still apply to warrants or permits that were already in place, except for what section 18 says.

A continuing warrant or permit is one that was issued under sections 14 to 29 of the Misuse of Drugs Amendment Act 1978 before 18 April 2012, or one that was issued after that date for an application made before that date. The old law, section 25, still applies to private communications that were intercepted before 18 April 2012.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4356927.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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346: Transitional provision relating to Part 11A of Crimes Act 1961, or

"What happens to old cases when new laws start"

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348: Transitional provision in relation to sections 198 to 200 of Summary Proceedings Act 1957, or

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

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

  1. Despite the repeal of sections 14 to 29 of the Misuse of Drugs Amendment Act 1978 by this Act,—

  2. where an application has been made under any of those sections before 18 April 2012 and the application is not finally determined before that date, those sections continue 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. those sections (except for section 18) continue 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 25 of that Act continues to apply to private communications intercepted before 18 April 2012 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 sections 14 to 29 of the Misuse of Drugs Amendment Act 1978—

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