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Search and Surveillance Act 2012

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

350: Transitional provision relating to covert video surveillance

You could also call this:

"Rules for secret video recordings made before new laws started"

When you are checking if a search is lawful under a special kind of warrant called a continuing warrant, you must treat the search as if this Act did not exist. You must also treat the search as if some parts of the Video Camera Surveillance (Temporary Measures) Act 2011, which you can find at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4048900, were still in force. This means some rules from the Video Camera Surveillance (Temporary Measures) Act 2011 will still apply to the search.

A continuing warrant is a special kind of warrant that was issued under section 198 of the Summary Proceedings Act 1957 before 18 April 2012, or on or after that date if the application was made before that date. The Video Camera Surveillance (Temporary Measures) Act 2011 is sometimes called the Temporary Act. You can find the Temporary Act at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4048900.

When checking if the search is lawful, you must also consider some specific words that have been changed. The words "before the close of the day that is 6 months after the date on which this Act comes into force" in section 5(1) of the Temporary Act are treated as if they said "while the continuing warrant is in force".

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4356931.

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Crime and justice > Police and safetyCrime and justice > Criminal lawRights and equality > Privacy
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Part 5Amendments, repeals, and miscellaneous provisions
Regulation-making powers, transitional provisions, and review provision: Transitional provisions

350Transitional provision relating to covert video surveillance

  1. For the purposes of assessing the lawfulness of a search (within the meaning of section 4 of the Temporary Act) under a continuing warrant, the search must be treated as if—

  2. this Act (other than this section) had not been enacted; and
    1. sections 5 to 7 of the Temporary Act continued to apply; and
      1. for the words before the close of the day that is 6 months after the date on which this Act comes into force in section 5(1) of that Act there were substituted the words while the continuing warrant is in force.

        1. In this section,—

          continuing warrant means a warrant issued under section 198 of the Summary Proceedings Act 1957—

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

              Temporary Act means the Video Camera Surveillance (Temporary Measures) Act 2011.