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Search and Surveillance Act 2012

Review provision

Schedule 1: Transitional, savings, and related provisions

You could also call this:

"Changes to the Search and Surveillance Act 2012: What You Need to Know"

Illustration for Search and Surveillance Act 2012

The Search and Surveillance Act 2012 has some extra rules. You need to know what these rules mean. They are about how some parts of the law work. Some new laws were added to the Search and Surveillance Act. These new laws are part of the Budapest Convention and Related Matters Legislation Amendment Act 2025. You can find more information about this act on the New Zealand legislation website. These new laws change how some things work, like surveillance device warrants and production orders. For example, new section 55(3)(g) talks about what information must be included in a surveillance device warrant. New section 64A talks about what happens to information that is obtained or made when a surveillance device warrant is being carried out. You can read more about these sections and how they work in the Search and Surveillance Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1464880.

Topics:
Crime and justice > Police and safety
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357: Review of operation of Act, or

"Checking how well the Search and Surveillance Act is working"

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Schedule 2: Powers in other enactments to which all or part of Part 4 of Search and Surveillance Act 2012 applies, or

"Laws that the Search and Surveillance Act 2012 applies to"

1Transitional, savings, and related provisions Empowered by s 3A

1Provisions relating to Budapest Convention and Related Matters Legislation Amendment Act 2025

1Interpretation

  1. In this Part, amendment Act means the Budapest Convention and Related Matters Legislation Amendment Act 2025.

  2. In this Part, a reference to a new provision is a reference to the provision as inserted or replaced by the amendment Act.

Notes
  • Schedule 1 clause 1: inserted, on , by section 25 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).

2Particulars in surveillance device warrants relating to traffic data

  1. New section 55(3)(g) extends to any surveillance device warrant that is issued after that provision commences on an application that is made under section 49 before that commencement.

Notes
  • Schedule 1 clause 2: inserted, on , by section 25 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).

3Record of information obtained, made, or generated by person when assisting in executing surveillance device warrant

  1. New section 64A extends to a person who, before that section commences, obtains, makes, or generates any record of information as a consequence of assisting an enforcement officer to whom a surveillance device warrant is directed.

  2. However, that section extends to the person only if the warrant expires on or after the date on which that section commences.

Notes
  • Schedule 1 clause 3: inserted, on , by section 25 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).

4Content of production order and related matters

  1. Section 75, as amended by the amendment Act, extends to a production order that is made after the amendments to that section commence but on an application that—

  2. is made under section 71 before that commencement; and
    1. is not finally determined before that commencement.

      1. For that purpose,—

      2. in section 75, as amended by the amendment Act, a reference to a document is a reference to a document within the meaning of new section 70; and
        1. new section 75A applies in relation to a production order referred to in subclause (1).

          Notes
          • Schedule 1 clause 4: inserted, on , by section 25 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).

          5Retention and copying of documents produced under production order

          1. Sections 78 and 79, as amended by the amendment Act, extend to a document that is produced in compliance with a production order that is made before the amendments to those sections commence.

          Notes
          • Schedule 1 clause 5: inserted, on , by section 25 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).

          6Condition for making preservation direction under subpart 2A of Part 3

          1. A reference in new section 79E to an offence that it is suspected has been committed includes a reference to an offence that it is suspected has been committed before that section commences.

          Notes
          • Schedule 1 clause 6: inserted, on , by section 25 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).

          7Preservation direction requested by foreign enforcement agency

          1. A reference in new section 88B to a serious offence that it is suspected has been committed includes a reference to a serious offence that it is suspected has been committed before that section commences.

          2. A reference in new section 88B to an alleged serious offence includes a reference to a serious offence that it is alleged has been committed before that section commences.

          3. In this clause, serious offence has the same meaning as it has in new section 88A.

          Notes
          • Schedule 1 clause 7: inserted, on , by section 25 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).

          8Offence of disclosing that surveillance device warrant has been issued

          1. New sections 179A and 179B apply in relation to a person who has been called on to assist an enforcement officer to carry out any activities authorised by a surveillance device warrant that is issued before those sections commence.

          2. However, new sections 179A and 179B apply in relation to the person only if the person is first called on to provide that assistance after those sections commence.

          Notes
          • Schedule 1 clause 8: inserted, on , by section 25 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).