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

50K: When warrant is invalid

You could also call this:

"What makes a warrant invalid?"

Illustration for Mutual Assistance in Criminal Matters Act 1992

You need to know when a warrant is invalid. Section 107 of the Search and Surveillance Act 2012 applies to a surveillance device warrant. This section is used as if it is talking about the surveillance device warrant, not a search warrant. You must consider what the Judge needs to be satisfied of under section 50C(2) and section 50C(4) when looking at the warrant. The Judge's conditions are important for the warrant to be valid. The rules for a search warrant are used in a similar way for a surveillance device warrant. If you want to know more about the Search and Surveillance Act 2012, you can look at the legislation. The rules for warrants are important to follow. You can also look at section 50C(2) and section 50C(4) for more information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524486.


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50J: Transmission of warrant, or

"Sending a surveillance warrant to the right people"


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50L: Privilege and confidentiality, or

"Keeping Information Secret and Private"

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

50KWhen warrant is invalid

  1. Section 107 of the Search and Surveillance Act 2012 applies to a surveillance device warrant issued under this subpart—

  2. as if a reference in that section to a search warrant were a reference to that surveillance device warrant; and
    1. as if a reference in that section to the grounds or conditions for lawful issue of a search warrant were a reference to the matters that the Judge must be satisfied of under section 50C(2) and (if applicable) section 50C(4).
      Notes
      • Section 50K: inserted, on , by section 40 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).