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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

50H: Surveillance device warrant reports

You could also call this:

"Reports on using secret surveillance devices to investigate crimes"

Illustration for Mutual Assistance in Criminal Matters Act 1992

When a surveillance device warrant is issued, you need to follow certain rules. These rules are found in the Search and Surveillance Act 2012, specifically in section 59 and section 61(1). A Judge can make an order to notify the person being surveilled, but only if it is in the public interest. You can be notified if the Judge thinks it is more important to tell you than to protect things like police investigations or international relationships. The Judge must also think that the warrant should not have been issued or that something has gone seriously wrong with the warrant. This is how the law works when it comes to surveillance device warrants. A report must be made about the surveillance device warrant, and this report is used to decide whether to notify the person being surveilled. The Judge's decision is important in making sure that the law is followed correctly. The rules about surveillance device warrants are in place to balance the need to investigate crimes with the need to protect people's privacy.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524483.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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"People allowed to do things because of a special court order"

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"Information from surveillance that helpers collect"

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

50HSurveillance device warrant reports

  1. Section 59 of the Search and Surveillance Act 2012 applies in relation to a surveillance device warrant issued under this subpart, with the following modifications:

  2. a reference in that section to a provision of the Search and Surveillance Act 2012 that is applied by this subpart is to be read as a reference to that provision as so applied:
    1. a reference in that section to criminal proceedings is a reference only to criminal proceedings brought in New Zealand.

      1. Section 61(1) of the Search and Surveillance Act 2012 applies in relation to a surveillance device warrant issued under this subpart, as modified by this section.

      2. A reference in section 61(1) of that Act to a surveillance device warrant report received under section 59 of that Act is to be read as a reference to a report received under subsection (1).

      3. A Judge may make an order under subsection (2) that a person who is the subject of surveillance be notified only if the Judge is satisfied—

      4. that the public interest in notifying the person outweighs potential prejudice to any 1 or more of the following:
        1. any investigation of the New Zealand Police:
          1. the safety of informants or undercover officers:
            1. the supply of information to the New Zealand Police:
              1. any international relationships of New Zealand, including of the New Zealand Police:
                1. New Zealand’s interest in maintaining co-operation with the foreign country concerned in respect of criminal investigations; and
                2. that one or both of the following apply:
                  1. the warrant should not have been issued:
                    1. there has been a serious breach of any of the conditions of the warrant or of any applicable legislation.

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