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Search and Surveillance Act 2012

Enforcement officers' powers and orders - Surveillance device warrants and declaratory orders - Retention and destruction of raw surveillance data, excerpts, and other information obtained

64A: Record of information obtained, made, or generated by assistant

You could also call this:

"What to do with information you get when helping police with a special warrant"

Illustration for Search and Surveillance Act 2012

If you help a police officer with a special warrant to spy on someone, you might get some information. You must do something with this information after the warrant finishes. You need to destroy the information as soon as you can, or give it to the police agency that the officer works for, if you have not given it to them already.

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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=LMS1464217.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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64: Disposal of raw surveillance data, excerpts, and information obtained, or

"Getting rid of surveillance information that is no longer needed"

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65: What is a declaratory order, or

"A Judge's declaratory order explains what they think is reasonable and lawful in a specific situation."

Part 3Enforcement officers' powers and orders
Surveillance device warrants and declaratory orders: Retention and destruction of raw surveillance data, excerpts, and other information obtained

64ARecord of information obtained, made, or generated by assistant

  1. This section applies if, as a consequence of assisting an enforcement officer to whom a surveillance device warrant is directed, a person obtains, makes, or generates any record of information.

  2. The person must ensure that, as soon as is reasonably practicable after the warrant expires, that record—

  3. is destroyed; or
    1. is given to the law enforcement agency that employed or engaged the enforcement officer (if the record has not been given to that agency already).

      Notes
      • Section 64A: inserted, on , by section 10 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).