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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

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

You could also call this:

"What happens to old cases when drug laws change"

Illustration for Search and Surveillance Act 2012

You need to know what happens to some laws when they are changed. When the Search and Surveillance Act 2012 came into effect, it changed some parts of the Misuse of Drugs Amendment Act 1978. This change did not affect applications made before 18 April 2012. You will still follow the old rules for these applications. This also applies to warrants or permits that were already in place. However, this does not apply to section 18 of the Misuse of Drugs Amendment Act 1978. Some private communications were intercepted before 18 April 2012. The old rules in section 25 of the Misuse of Drugs Amendment Act 1978 still apply to these communications. 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.

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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 > Police and safetyCrime and justice > Courts and legal helpHealth and wellbeing > Public health
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346: Transitional provision relating to Part 11A of Crimes Act 1961, or

"What happens to old cases when the law changes"

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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 relating to this Act as enacted

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.