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Search and Surveillance Act 2012

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

179B: Application for prohibition on disclosure to be lifted

You could also call this:

"Asking to Share Information About a Surveillance Warrant"

Illustration for Search and Surveillance Act 2012

You can ask to be allowed to tell people about a surveillance device warrant. You make this request to the chief executive who is in charge of the enforcement officer. The chief executive looks at your request and decides what to do. You might be allowed to tell people about the warrant if the investigation is stopped or if court proceedings have started. The chief executive can also decide to let you tell people if the person being surveilled already knows about it. They can make this decision for other reasons too. But the chief executive does not have to say yes if they think telling people about the warrant would cause problems, like putting someone in danger or stopping the police from getting information. They also do not have to say yes if it would affect New Zealand's relationships with other countries or its security and defence.

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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=LMS1528464.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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179A: Disclosing that surveillance device warrant has been issued, or

"Keeping a surveillance warrant secret"

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180: Effect of proceedings, or

"What happens to a search or surveillance when someone takes it to court"

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

179BApplication for prohibition on disclosure to be lifted

  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 may apply, to the chief executive that employed or engaged the enforcement officer, for the chief executive to lift any prohibition in section 179A on disclosing that the warrant has been issued.

  2. The chief executive must grant the application and give written notice to the person that the application is granted if—

  3. the law enforcement agency has decided to discontinue any investigation into the suspected offence that is the subject of the application for the warrant; or
    1. any criminal proceedings that the law enforcement agency expected to be commenced in relation to the suspected offence have been commenced; or
      1. the law enforcement agency has become aware that the subject of the surveillance is aware that they are the subject of the surveillance (for, example, because the subject is notified in accordance with an order made under section 61(1)(c)); or
        1. the chief executive decides for any other reason to give notice under this section in relation to the direction.

          1. However, the chief executive is not required to grant an application under this section if satisfied on reasonable grounds that disclosure that the warrant has been issued (other than as allowed by section 179A(2)(a), (b), (c), or (d))—

          2. would prejudice the maintenance of the law, including the prevention, investigation, and detection of offences; or
            1. would endanger the safety of any person; or
              1. would prejudice the supply of information to the law enforcement agency; or
                1. would prejudice any international relationships of the law enforcement agency; or
                  1. would prejudice the security or defence of New Zealand.

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