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Acts
Mutual Assistance in Criminal Matters Act 1992
Requests to New Zealand
Requests for surveillance device warrants
Other applicable provisions of Search and Surveillance Act 2012
50E: Restriction on issue of warrant facilitating surveillance of communications between lawyer and client

Part 1:
Preliminary provisions

2Interpretation 2ACertain investigations relating to civil proceedings deemed to be criminal investigations 2BCertain civil proceedings deemed to be criminal proceedings 2CTransitional, savings, and related provisions 3Act to bind the Crown 4Object of Act 5Act not to limit other provision of assistance 6Act not authority for extradition of any person

Part 2:
Requests by New Zealand

Requests to issue warrants and orders similar to those under Criminal Proceeds (Recovery) Act 2009

22Request to issue warrant or order in foreign country

Miscellaneous provisions

23Restriction on use of evidence

Part 3:
Requests to New Zealand

Preliminary provisions

24Application of this Part 24ALimitations on requests by convention countries 24BFurther limitations on requests by convention countries 25Requests to be made to Attorney-General 25AAd hoc requests for assistance 26Form of request 27Refusal of assistance 28Notification of refusal 29Assistance may be provided subject to conditions

Assistance in locating or identifying persons

30Assistance in locating or identifying persons

Assistance in obtaining evidence in New Zealand

31Assistance in obtaining evidence in New Zealand 32Further provisions relating to obtaining evidence 33Protection of witnesses 34Certain persons entitled to appear and be legally represented at proceedings 35Powers of Judge may be exercised by Registrar 36Evidence Act 2006 not affected

Assistance in arranging attendance of person in foreign country

Assistance in obtaining attendance of persons in foreign country

37Assistance in arranging attendance of person to give or provide evidence or assistance in relation to criminal matter in foreign country 38Assistance in arranging attendance of prisoner in foreign country for specified purposes 39Undertakings required from foreign country 40Penalty not to be imposed for refusal to consent 41Effect of removal to foreign country on prisoner’s term of imprisonment 41AEffect of transfer to foreign country pursuant to request under section 38 on remand prisoner’s sentence 41BInformation about time remand prisoner spent in custody overseas pursuant to request under section 38 42Custody of persons in transit

Requests for search warrants and production orders

Interpretation

42AInterpretation

Requests

43Assistance in obtaining thing

Search warrants

44Applications, issue, etc

Production orders

45General provisions: applications and making 45Form and content of search warrant 46Applicable provisions of Search and Surveillance Act 2012 46Powers conferred by warrant 46APower to stop vehicles 47Person executing warrant to produce evidence of authority 48Notice of execution of warrant

Custody and disposal of things seized or produced

49General provisions 49ASending thing out of New Zealand 49BDispensing with obligation to give notice

Certificate

50Attorney-General to provide certificate as to search and seizure, or production

Requests for surveillance device warrants

Interpretation

50AInterpretation

Requests

50BAssistance in obtaining evidential material under surveillance device warrant

General provisions: applications, issue, and authorised activities

50CApplications, issue, and authorised activities

Other applicable provisions of Search and Surveillance Act 2012

50DApplications and retention of documents 50ERestriction on issue of warrant facilitating surveillance of communications between lawyer and client 50FForm and content of warrant 50GPersons authorised by warrant 50HSurveillance device warrant reports 50IRaw surveillance data and other information acquired by assistant 50JTransmission of warrant 50KWhen warrant is invalid 50LPrivilege and confidentiality 50MImmunities and offences 50NEffect of court proceedings

Dealing with material collected under warrant

50OCollected material to be delivered into custody of Commissioner 50PSections 50Q to 50T subject to Judge’s order or direction about destruction or retention of material 50QAttorney-General’s direction relating to collected material generally 50RDirection relating to sending material to foreign country 50SRetention and destruction of raw surveillance data, etc, that is specified evidential material relating to New Zealand offence 50TDestruction or retention of other raw surveillance data, etc, that remains in New Zealand

Other

50UAdmissibility of evidential material relating to New Zealand offence 50VAnnual reporting by Commissioner of Police

Assistance in arranging service of process

51Assistance in arranging service 52Undertaking required from foreign country 53Penalty not to be imposed for failure to comply with summons

Requests to enforce foreign restraining orders and foreign forfeiture orders

54Request to enforce foreign restraining order 55Request to enforce foreign forfeiture order 56Method for registering foreign orders in New Zealand 57Effect of registering foreign orders in New Zealand 58Cancelling registration of foreign orders in New Zealand

Requests for warrants and orders under Criminal Proceeds (Recovery) Act 2009

Requests by foreign countries for orders or warrants in New Zealand

59Request for search warrant in New Zealand 60Interim foreign restraining order 61Request for production order in New Zealand 62Request for examination order in New Zealand

Part 4:
Miscellaneous provisions

63Authentication of documents 64Certificates given by Attorney-General 64ACertificates relating to convention countries 64BAmendment of Schedule 1 65Regulations

Schedule 1AA:
Transitional, savings, and related provisions

Schedule 1:
Limitations on requests by convention countries

Schedule 2:

Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Requests for surveillance device warrants - Other applicable provisions of Search and Surveillance Act 2012

50E: Restriction on issue of warrant facilitating surveillance of communications between lawyer and client

You could also call this:

"Rules for spying on lawyer-client conversations"

Illustration for Mutual Assistance in Criminal Matters Act 1992

When you are looking at getting a warrant to surveil communications, you need to follow a specific rule. This rule is found in section 54 of the Search and Surveillance Act 2012. This rule applies when you are getting a warrant to surveil communications between a lawyer and their client.

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This page was last updated on 12 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524480.

Topics:

Crime and justice > Police and safetyRights and equality > Privacy

50D: Applications and retention of documents, or

"Rules for keeping documents when asking for help with a crime investigation"

50F: Form and content of warrant, or

"What a surveillance warrant must look like and what it must say"

Part 3Requests to New Zealand
Requests for surveillance device warrants: Other applicable provisions of Search and Surveillance Act 2012

50ERestriction on issue of warrant facilitating surveillance of communications between lawyer and client

Section 54 of the Search and Surveillance Act 2012 applies in relation to the issue of a surveillance device warrant under this subpart.

Notes

Section 50E: inserted, on 1 October 2025, by section 40 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).