Mutual Assistance in Criminal Matters Act 1992

Requests to New Zealand - Requests for surveillance device warrants - Dealing with material collected under warrant

50O: Collected material to be delivered into custody of Commissioner

You could also call this:

"Collected evidence must be given to the Commissioner for safekeeping"

Illustration for Mutual Assistance in Criminal Matters Act 1992

When material is collected under a surveillance device warrant, it must be given to the Commissioner. You must keep this material with the Commissioner until a District Court Judge makes an order under section 140 of the Search and Surveillance Act 2012, or a Judge gives a direction under section 61(1)(a) of that Act. The material can also be dealt with under sections 50P to 50T, the Public Records Act 2005, or other laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1524491.


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"What happens in court with surveillance device warrants"


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50P: Sections 50Q to 50T subject to Judge’s order or direction about destruction or retention of material, or

"A Judge decides what happens to material collected under a warrant."

Part 3Requests to New Zealand
Requests for surveillance device warrants: Dealing with material collected under warrant

50OCollected material to be delivered into custody of Commissioner

  1. Any material collected under a surveillance device warrant must—

  2. be delivered into the custody of the Commissioner; and
    1. be kept in the custody of the Commissioner until otherwise dealt with in accordance with—
      1. an order of a District Court Judge under section 140 of the Search and Surveillance Act 2012, as applied by section 50L; or
        1. a direction that a Judge gives under section 61(1)(a) of that Act, as applied by section 50H, after receiving a surveillance device warrant report relating to the warrant; or
          1. any of sections 50P to 50T; or
            1. the Public Records Act 2005 or any other legislation or rule of law.
            Notes
            • Section 50O: inserted, on , by section 40 of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).