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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Offences

179A: Disclosing that surveillance device warrant has been issued

You could also call this:

"Keeping a surveillance warrant secret"

Illustration for Search and Surveillance Act 2012

If you help an enforcement officer with a surveillance device warrant, you must not tell others that the warrant has been issued. You can tell others about the warrant if you are helping the officer, or if you tell the officer or their colleagues. You can also tell a lawyer for advice, or in court, or if the chief executive of the law enforcement agency says you can, after you apply under section 179B. If you break this rule, you could go to prison for up to 6 months or your company could be fined up to $100,000.

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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=LMS1528463.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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179: Offence to disclose information acquired through search or surveillance, or

"Don't share secret information you get from searches or spying unless it's part of your job."

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179B: Application for prohibition on disclosure to be lifted, or

"Asking to Share Information About a Surveillance Warrant"

Part 4General provisions in relation to search, surveillance, and inspection powers
Offences

179ADisclosing that surveillance device warrant has been issued

  1. A person who has been called on to assist an enforcement officer to carry out any of the activities authorised by a surveillance device warrant commits an offence if the person knowingly discloses to another person that the warrant has been issued.

  2. The person does not commit an offence if they make the disclosure—

  3. in connection with, or in the course of, providing the assistance concerned; or
    1. to the enforcement officer or any other enforcement officer who is employed or engaged by the same law enforcement agency as that enforcement officer; or
      1. to a lawyer for the purpose of obtaining legal advice in relation to the warrant; or
        1. in connection with, or in the course of, proceedings before a court or a tribunal; or
          1. after the chief executive of the law enforcement agency concerned grants an application made by the person under section 179B in relation to the surveillance device warrant.

            1. A person who commits an offence against this section is liable on conviction,—

            2. if they are an individual, to a term of imprisonment not exceeding 6 months; or
              1. if they are a body corporate, to a fine not exceeding $100,000.

                Notes
                • Section 179A: inserted, on , by section 22 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).