Corrections Act 2004

Corrections system - Miscellaneous - Information associated with seized electronic communication devices

189D: Chief executive may require electronic communications company to provide information to access contents of seized device

You could also call this:

"Police can ask a phone company for help to unlock a seized device to investigate a crime"

If a device like a phone is taken under section 150, the chief executive might think it is necessary to look at what is on the device to investigate a crime. You might wonder how they can do this. The chief executive can ask a company that helps devices communicate with each other to give them information that will help them access the device.

The chief executive can ask for this information in writing, and the company must give them the information they already have as part of their normal business. This information might help unlock the device. The department has to pay the company for any reasonable costs they incur when giving this information.

The device's contents include any information stored on it, like messages or photos. An electronic communications company is any person or business that helps devices communicate with each other in New Zealand.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5266156.


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Part 2Corrections system
Miscellaneous: Information associated with seized electronic communication devices

189DChief executive may require electronic communications company to provide information to access contents of seized device

  1. This section applies if an electronic communication device is seized under section 150 and the chief executive believes, on reasonable grounds, that it is necessary for the detection or investigation of an offence under this Act to examine the contents of the device.

  2. If this section applies, the chief executive may by notice in writing require an electronic communications company to provide information, to the extent that it is stored by the company in the ordinary course of its business, that will enable the chief executive to access the contents of the device (for example, information that will unlock or unblock the device).

  3. The department must pay for the actual and reasonable costs (if any) incurred by an electronic communications company in providing information required under this section.

  4. In this section,—

    contents of the device includes any information on the device or stored on or by the device

      electronic communications company means any person who provides any service in New Zealand that enables or facilitates electronic communication devices to communicate with each other.

      Notes
      • Section 189D: inserted, on , by section 40 of the Corrections Amendment Act 2013 (2013 No 5).