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Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Requests for search warrants and production orders - Production orders

46: Applicable provisions of Search and Surveillance Act 2012

You could also call this:

"Rules from the Search and Surveillance Act 2012 that apply when asking for a production order"

Illustration for Mutual Assistance in Criminal Matters Act 1992

When you apply for a production order under section 45, some rules from the Search and Surveillance Act 2012 apply. These rules include section 71(2) and other sections that explain how to apply for a production order. You can find these rules in the Search and Surveillance Act 2012. When you make an application, some parts of the Search and Surveillance Act 2012 apply, such as sections 98(2), 99, 100, and 101. These sections explain what you need to do when you apply for a production order. They also explain how the court will deal with your application. Some other sections of the Search and Surveillance Act 2012 also apply, such as sections 75 and 76. These sections explain what a production order should look like and how long it lasts. You can read more about these rules in the Search and Surveillance Act 2012. If you want to know more about production orders, you can look at sections 78 and 79 of the Search and Surveillance Act 2012. These sections explain what happens when you get a production order and what you need to do with it. You can also look at Part 4 of the Search and Surveillance Act 2012, which explains more about production orders and how they work. The rules about production orders are explained in the Search and Surveillance Act 2012, which you can find on the New Zealand legislation website. You can read about the different sections that apply to production orders, such as section 71(2), section 98(2), section 99, and section 100. You can also look at section 101 and Part 4 to learn more about production orders.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524180.

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Part 3Requests to New Zealand
Requests for search warrants and production orders: Production orders

46Applicable provisions of Search and Surveillance Act 2012

  1. Section 71(2) of the Search and Surveillance Act 2012 applies to an application made under section 45.

  2. The following provisions of the Search and Surveillance Act 2012 apply in relation to an application made under section 45:

  3. section 98(2) (requirements for further information):
    1. section 99 (verification of an application):
      1. section 100 (mode of an application):
        1. section 101 (retention of documents about applications).

          1. Those provisions apply as if—

          2. a reference in those provisions to an application for a search warrant, or to a search warrant, included (respectively) a reference to an application, or to a production order, made under section 45; and
            1. a reference in those provisions to the District Court were a reference to the High Court.

              1. The following provisions of the Search and Surveillance Act 2012 apply in relation to a production order made under section 45:

              2. section 75 (form and content of a production order):
                1. section 76 (duration of a production order):

                  1. The following provisions of the Search and Surveillance Act 2012 apply in relation to a production order made under section 45 as if a reference in those provisions to an investigation were a reference to the criminal matter concerned:

                  2. section 78 (documents produced under a production order):
                    1. section 79 (requiring a copy of a retained document to be given).

                      1. Section 105 of the Search and Surveillance Act 2012 (transmission of a search warrant) applies in relation to a production order made under section 45 as if a reference in section 105 of that Act to a search warrant included a reference to that production order.

                      2. Section 107 of the Search and Surveillance Act 2012 (when a search warrant is invalid) applies to a production order made under section 45—

                      3. as if a reference in section 107 of that Act to a search warrant were a reference to that production order; and
                        1. as if a reference in section 107 of that Act to the grounds or conditions for lawful issue of a warrant were a reference to the matters that the Judge must be satisfied of under section 45(2).

                          1. The following provisions of Part 4 of the Search and Surveillance Act 2012 apply in relation to a production order made under section 45:

                          2. subpart 5 (privilege and confidentiality):
                            1. subpart 7 (immunities):
                              1. subpart 9 (offences):
                                1. subpart 10 (miscellaneous provisions dealing with the effect of court proceedings and with service of orders and notices).

                                  Notes
                                  • Section 46: inserted, on , by section 38 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).