Plain language law

New Zealand law explained for everyone

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

350: Transitional provision relating to covert video surveillance

You could also call this:

"Old rules apply to secret video searches done under special warrants"

Illustration for Search and Surveillance Act 2012

When you are looking at a search that happened under a special kind of warrant, you need to think about it in a certain way. You must treat the search as if this law did not exist, except for this particular part. You also need to think about it as if some rules from the Video Camera Surveillance (Temporary Measures) Act 2011 were still in place. This means you will use some old rules to decide if the search was lawful. These old rules are from sections 5 to 7 of the Video Camera Surveillance (Temporary Measures) Act 2011. You will also use a different time frame to decide when the search can happen. A continuing warrant is a special kind of warrant that was issued before a certain date or was applied for before that date. The Video Camera Surveillance (Temporary Measures) Act 2011 is also referred to as the Temporary Act in this law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

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

Topics:
Crime and justice > Police and safetyCrime and justice > Courts and legal help
Previous

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

"Old law still applies to some cases started before 2012"

Next

351: Transitional provision relating to provisions brought into force under section 2, or

"Old rules still apply to things that started before new rules began"

Part 5Amendments, repeals, and miscellaneous provisions
Regulation-making powers, transitional provisions, and review provision: Transitional provisions relating to this Act as enacted

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.