Search and Surveillance Act 2012

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

349: Transitional provision relating to sections 200A to 200P of Summary Proceedings Act 1957

You could also call this:

"What happens to old cases when the law changes"

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 made an application under sections 200A to 200P of the Summary Proceedings Act 1957 before 18 April 2012, and it was not finished before that date, the old laws still apply to that application.

The old laws also still apply to something called a continuing warrant. A continuing warrant is a special kind of warrant that was issued under the old laws. This can be a warrant to use a tracking device or to remove one. If a warrant like this was issued before 18 April 2012, or if it was issued after that date but the application was made before that date, the old laws still apply to it.

The old laws also still apply to anything that was done under section 200G of the Summary Proceedings Act 1957 before 18 April 2012. This means that even though the new laws have come into effect, some things will still be dealt with under the old laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4356929.


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

"Old laws are replaced: rules to help with the change"


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

349Transitional provision relating to sections 200A to 200P of Summary Proceedings Act 1957

  1. Despite the repeal of sections 200A to 200P of the Summary Proceedings Act 1957 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 200F) continue to apply to a continuing warrant and to any matter relating to the continuing warrant in all respects as if this Act (other than this section) had not been enacted; and
      1. those sections continue to apply to anything done, before 18 April 2012, under section 200G of that Act.
        1. In this section, continuing warrant means a tracking device warrant or a warrant for removal of a tracking device issued under sections 200A to 200P of the Summary Proceedings Act 1957

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