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Search and Surveillance Bill Government Bill As reported from the Justice and Electoral Committee Commentary Recommendation The Justice and Electoral Committee has examined the Search and Surveillance Bill and recommends by majority that it be passed with the amendments shown.
Introduction This bill is intended to implement a comprehensive reform of search and surveillance legislation, both as regards the core substantive law enforcement powers, and the way search powers are exercised across the statute book.

Many of the proposed changes are based on the Law Commission’s Search and Surveillance Powers report (NZLC R97).
Currently, the search and inspection powers to be amended by the bill are spread across 69 different Acts, with many inconsistencies in the procedures applying to the exercise of powers.

Some of these statutes are up to 50 years old, and do not cover technological advancements adequately.

The bill codifies existing case law in some areas, while in other areas it clarifies aspects of the law that are unclear.
Some of its provisions are entirely new and reflect technological developments or reforms carried out in other jurisdictions.

45—2 2 Search and Surveillance Bill Commentary State agencies play an important role in upholding the law and cre- ating a safe society for citizens to live and work in.

To carry out this role, law enforcement agencies require coercive powers that would not be appropriate for ordinary citizens, exercising some of which will affect the rights and freedoms of individuals.
We faced the diffi- cult task of providing law enforcement agencies with adequate tools to operate in the modern environment, while at the same time ensur- ing their powers did not unreasonably impact on fundamental civil rights and liberties.

The overwhelming majority of us believe the bill now provides for appropriate powers to allow law enforcement agencies to investigate criminal activity, by means including searches of electronic information and the use of surveillance devices.
We note that the bill as introduced has a number of new safeguards regarding these powers, including the introduction of a more rigorous appointment process for officers who issue search warrants, prescrip- tion of the content of warrant applications and warrants, and the im- position of reporting requirements in relation to a number of powers.

However, we took the view that further amendments were necessary to further restrict these powers.
Accordingly, we recommend amend- ing the bill in a number of ways to strengthen the safeguards intended to protect civil liberties and human rights, to limit the circumstances in which some of the more intrusive powers may be used, and to describe clearly to citizens and law enforcement agencies where the boundaries are between what can and cannot happen so that the 69 different Acts would be clear and updated for new technology.
When the bill was referred to us, we noted there was considerable disquiet from the public about the powers it would confer on en- forcement officers, particularly those working for non-police agen- cies.
We received submissions from a wide range of individuals and organisations, including the Privacy Commissioner, ANZ National Bank, law firms Bell Gully, Russell McVeagh and Chapman Tripp, the New Zealand Law Society, Amnesty International, Greenpeace, the New Zealand Council of Trade Unions, and the Human Rights Foundation.
The overwhelming message we received was that the bill as introduced did not strike the correct balance between the com- peting values of law enforcement and human rights and that greater protection of civil liberties was needed.

Therefore we have significantly redrafted this bill.

We were con- scious of the need to ensure any areas of contention received thor- Commentary Search and Surveillance Bill 3 ough analysis, and provided an interim report to the House detailing the proposed changes to the bill.
The release of our redrafted bill al- lowed a second period of public consultation, which we felt was ex- tremely important in canvassing the opinions of not only those who originally submitted on the bill but also the wider public.
We took the unusual step of hearing further submissions on the proposed amend- ments to the bill from some submitters, and many of those who had expressed concern about the bill as introduced expressed satisfaction that their concerns had been listened to and addressed by our amend- ments.

Throughout this process we have taken the concerns of the public extremely seriously, and we believe that the changes recommended in this report address many of them.
This commentary covers the significant amendments that we recom- mend to the bill; it does not cover minor or technical amendments.

Surveillance device regime The surveillance device regime was an aspect of the bill that was particularly controversial.

Accordingly, we focused a great deal of attention on this part of the bill and recommend a number of changes to address concerns.
Concern was expressed that the additional powers law enforcement officers would receive were disproportionate to the offending likely to be investigated and would extend their powers unnecessarily.

We believe these are valid concerns.

Currently there is no single approach to the use of surveillance de- vices.

The use of audio surveillance devices is covered by the Crimes Act 1961, and only the police may intercept private communications for the purposes of investigating crime.
The interception regime is also limited to the investigation of more serious offending.

The New Zealand Police and New Zealand Customs Service may use track- ing devices under the authority of the Summary Proceedings Act 1957 (either by warrant, or without warrant in emergency situations).

However, there is no regulation of the use of tracking devices by other agencies where it does not involve trespass to property.
Similarly, there is no legislative regime regulating visual surveillance devices, which may be used without restriction by any enforcement officer where no trespass is involved.

The provisions in this bill would en- 4 Search and Surveillance Bill Commentary sure proper oversight and set appropriate thresholds on the use of both visual and tracking surveillance devices, while still ensuring these technologies were available to enforcement agencies in appro- priate situations.
As introduced, the bill applies the surveillance device regime to all enforcement agencies covered by the bill in circumstances where a search warrant could be obtained.

It treats all forms of surveillance devices in the same way.

The effect of this would have been to ex- tend significantly some forms of surveillance (such as that using au- dio surveillance devices) in terms of the types of offending and the agencies that could use them.
On the other hand, the bill represents a significant tightening regarding the use of visual surveillance de- vices and the use of tracking devices by agencies other than the New Zealand Police and New Zealand Customs Service, where no specific legislative regime exists.
Regulation of more intrusive forms of surveillance While the bill as introduced effectively treats all types of surveillance in the same way, we formed the view that some forms of surveil- lance have more effect on privacy than others and should be treated accordingly.
It is our view that audio surveillance and the use of vi- sual surveillance devices in circumstances that require enforcement officers to enter private property are intrusions upon privacy which should be authorised only for the investigation of the most serious offending.

Therefore we recommend amending Part 3 of the bill by inserting new clause 42AA.
This would restrict audio surveillance and visual surveillance involving trespass to the investigation of offences pun- ishable by seven years’ imprisonment or more, and offences under sections 44, 45, 50, 51, 54, and 55 of the Arms Act 1983.

We be- lieve providing an exemption to the threshold for Arms Act offences is necessary to recognise the particular threat that firearms pose.
This exemption would allow police to carry out surveillance, as part of in- vestigations into the illegal sale, possession, and supply of firearms.
The effect of limiting the use of these more intrusive forms of surveil- lance devices in this way would be in effect to limit which agencies would be permitted to employ these forms of surveillance as cur- rently only the New Zealand Police, New Zealand Customs Service, Commentary Search and Surveillance Bill 5 and the Department of Internal Affairs (in respect of offending under the Films, Videos, and Publications Classification Act 1993) investi- gate such offending.
However, we consider that as the use of visual surveillance devices in circumstances involving a trespass and of audio surveillance de- vices is not currently available to non-police agencies, it would be desirable to ensure that these non-police agencies responsible for the investigation of serious offending were required to demonstrate that they had the necessary technical capability and appropriate policies and procedures before being allowed to use such forms of surveil- lance.
Accordingly, we recommend inserting clauses 45(5) and 45A to en- sure that the bill goes further; they provide that the use of visual surveillance devices in circumstances involving a trespass and au- dio surveillance devices is limited to the police and to a “specified law enforcement agency” that has been approved for the purpose by Order in Council.

“Specified law enforcement agency” is defined to mean the New Zealand Customs Service and the Department of In- ternal Affairs.
Accordingly, any extension of these more intrusive forms of surveillance to any other enforcement agencies in the future would require consideration by Parliament.

We consider this an ap- propriate limitation.

We believe these changes address the concerns about the surveil- lance device powers contained in the bill, particularly those regarding agencies other than the New Zealand Police conducting surveillance operations.
We recommend inserting new clause 50(3)(fa) into the bill to al- low enforcement officers to obtain data associated with intercepted telecommunications.

Under the bill as introduced, an enforcement officer carrying out audio surveillance could obtain the content of telecommunications but not data associated with the communica- tions, such as the time a call was made or the numbers called, without a production order.
We believe that such data is intrinsically linked to the content of the telecommunication and that an enforcement of- ficer should not have to obtain two separate orders to gather both sets of information.

6 Search and Surveillance Bill Commentary Warrantless surveillance period We recommend amending clause 44(1) to reduce the warrantless surveillance period from 72 to 48 hours.
This power would allow enforcement officers to use surveillance devices to investigate serious crimes before obtaining a warrant in certain circumstances of urgency or emergency if obtaining a warrant was not immediately possible.

However we believe there is no reason that enforcement agencies would need 72 hours to obtain a warrant, and that 48 hours is a more appropriate time limit.
This would give enforcement officers flexibility when they could not contact an issuing officer, while ensuring that proper oversight of the use of surveillance devices was retained.

We also recommend further amending clause 44(1) to provide that an enforcement officer could only undertake warrantless surveillance for a period not exceeding 48 hours from the time a surveillance de- vice is first used.
This change would address concern that enforce- ment officers could, for example, carry out surveillance for 47 hours, stop for a period, and then continue for a further 48 hours.

Retention of data Many surveillance operations involve the collection of large quanti- ties of raw data, much of which will not be evidential material.

Raw data includes actual audio and visual recordings and full or substan- tial sections of audio transcripts.
We are acutely aware of the fact that in such investigations, information will probably be collected about people who are innocent of any offending and we are conscious of the need to protect their privacy.

We believe it is critical that the further retention and use of information for purposes beyond the immediate investigation be regulated in order to provide protection to such in- nocent people.
Accordingly, we recommend inserting new clause 56A, which would restrict the retention of raw surveillance data and information col- lected by law enforcement agencies.
Under this clause raw surveil- lance data could be retained only • until the conclusion of criminal proceedings, including any appeal periods, in relation to an offence for which the raw surveillance data was collected Commentary Search and Surveillance Bill 7 • • • for a maximum of three years if no criminal proceedings had commenced but the data was required for an ongoing investi- gation for a further period of not more than two years if a judge had made an order granting an extension on the basis that the data was required for an ongoing investigation or if an agency had obtained an order from a judge allowing ex- cerpts from raw surveillance data to be retained, provided the judge is satisfied that the excerpts might be required for a fu- ture investigation.
We also recommend inserting new clause 56A(5), which would al- low a judge to place any conditions on an order for the retention of raw surveillance data which he or she felt appropriate, including time limits on the retention period.

We believe that this judicial oversight would significantly strengthen the protection of civil liberties and the right to privacy, while ensuring that important intelligence informa- tion remained available to enforcement agencies seeking to investi- gate serious offending.
New clause 56A would also allow information extracted from raw surveillance data, which did not alone constitute raw surveillance data, to be kept when there were reasonable grounds to suspect that the information might be relevant to ongoing or future investigations.

For example, if the police discovered during an investigation that an individual or organisation was in regular contact with a criminal group, the police would be allowed to record the fact of these possible links to criminal groups.
We also recommend amending clause 43 to enable an enforcement officer to apply for a surveillance device warrant where a party to a communication had consented to its interception and no warrant was required.

This change is intended to address situations where, even though one party to the communication consents to its recording, net- work operators are unwilling to cooperate with enforcement officers and intercept the communication without a warrant authorising them to do so.
We recommend further changes to clause 43 to ensure that the bill would not apply to interception warrants issued under section 17 of the Government Communications Security Bureau Act 2003.

The bill as introduced excludes interception warrants issued under section 8 Search and Surveillance Bill Commentary 4A(1) or (2) of the New Zealand Security Intelligence Service Act 1969.

We believe this provision for the avoidance of doubt should also apply to the Government Communications Security Bureau.
Reporting requirements for surveillance device warrants We recommend amending clause 53 in order to strengthen the safe- guards in the bill by imposing more stringent reporting requirements on the use of surveillance device warrants, and to require that a re- port be made to the judge who issued the warrant or, if that judge was unavailable, another judge from the same court within one month of the expiry of the warrant.
We also recommend inserting clauses 53(2)(ab) and (ba), which would require the report to state • whether any criminal proceedings had been brought or were being considered as a result of evidential material obtained through the surveillance device warrant, and whether the evidential material obtained by using the surveil- lance device was specified in the surveillance device warrant.

• Examination orders Examination orders were one of the most contentious aspects of the bill.
They are court orders allowing the police to require a person to answer questions where they have previously refused to do so.

Con- cern was raised that this would remove an individual’s right to silence and the privilege against self-incrimination.

It was also argued that people might resort to lying or provide information that was of little use.

We acknowledge these concerns, but we believe there are strong pol- icy reasons for the examination order regime to remain in the bill.
An examination power is available to the Serious Fraud Office under its Act for the purposes of investigating serious financial crime.

The ra- tionale is that such power is necessary because of the complex trans- actions that may be involved in such offending.
In our view, it would be anomalous if such a power were available to the Serious Fraud Office but not to the police in relation to such offending as money laundering and other forms of organised crime which are also likely to involve particularly complex transactions and arrangements.

We also believe that examination orders would assist in situations where a person was reluctant to assist police on the grounds of pro- Commentary Search and Surveillance Bill 9 fessional confidentiality.
This might happen, for example, in an in- vestigation of serious financial offending.

A professional who might have evidential material useful in prosecuting the case might refuse to assist police for fear of breaching professional standards or regu- lations.

In this case an examination order would allow the person to assist without any risk of doing so.
Clause 132 of the bill would ensure that the privilege against self-in- crimination under section 60 of the Evidence Act 2006 was preserved for a person subject to an examination order.

We do not recommend removing this fundamental right.

We note also that the proposed use of examination orders under the bill would be subject to more rig- orous scrutiny than they would under the Serious Fraud Office Act 1990, as the bill would require prior judicial authorisation.
While we consider that examination orders should be available to the police, we recommend that thresholds be raised to ensure that exam- ination orders would only be used to investigate very serious offend- ing.

This should establish an appropriate balance between ensuring examination orders were not too freely available and providing law enforcement agencies with an effective tool to investigate crime.
We recommend amending clause 32 to limit examination orders in the business context to offences carrying a maximum penalty of five years’ imprisonment or more.

Under the bill as introduced examin- ation orders could be obtained for the investigation of any offence punishable by a term of imprisonment.

We consider this threshold to be too low and believe this amendment would ensure examination orders were used only in the investigation of serious offending.
For examination orders in the non-business context, we recommend setting an even higher threshold.

Such examination orders would rely on information being obtained through personal relationships.

People who might know about suspected offending in such situations might have legitimate reasons for being reluctant to co-operate, and could face serious ongoing consequences as a result of assisting the police.
We therefore consider it appropriate that non-business-con- text examination orders should apply only to serious offending.

We recommend amending clause 34(a) to limit their use to the inves- tigation of serious or complex fraud offences carrying a maximum penalty of seven years’ imprisonment or more, and to offences com- mitted, wholly or partly, by an “organised criminal group” as defined in section 98A(2) of the Crimes Act.
10 Search and Surveillance Bill Commentary Examination orders would give police significant powers over in- dividuals and we believe a robust oversight process is necessary to ensure they are used appropriately.

While the bill as introduced pro- vides that an application for an examination order may be made only by the Commissioner of Police, section 17 of the Policing Act 2008 allows the commissioner to delegate any of his or her powers, func- tions, or duties.
In order to ensure examination order applications receive proper scrutiny we are recommending amending clauses 31(1) and 33(1) so that only police officers holding the rank of Inspector or higher could make an application for an examination order, and that applications would have to be approved by a Deputy Commissioner, Assistant Commissioner, or District Commander before being submitted to a judge.
We believe these measures are necessary to encourage the development of rigorous internal policies and to ensure examination orders do not come to be used routinely by police.

We also believe that it is important that the examination order regime be subject to stringent judicial and parliamentary oversight, and rec- ommend inserting a number of new reporting requirements into the bill.
They would make police accountable for their use of examin- ation orders once they were issued, and ensure the system was trans- parent.

We recommend inserting new clause 40A to impose a reporting regime for examination orders.
New clause 40A would require a po- lice officer who carried out questioning pursuant to an examination order to report to the judge who made the order or, if that judge were unavailable, another judge from the same court within one month of completing the examination under the order.
The report would have to include the following information: • whether the questioning resulted in evidential material being obtained if any criminal proceedings had been brought or were being considered as a result of evidential material obtained through the examination order any other information which the judge had asked to be in- cluded at the time of granting the examination order.
• • Commentary Search and Surveillance Bill 11 We also recommend amending clause 37 so that all examination orders would be subject to the reporting requirements set out in clause 40A.
Furthermore we recommend that the Commissioner of Police be re- quired by new clause 162A to include in the New Zealand Police’s annual report the number of examination order applications granted and refused in the relevant period, and the number of people charged during the relevant period where evidential material obtained through an examination order made a significant contribution towards the lay- ing of the charges.
Production orders Production orders were another area of contention in the bill as intro- duced.

Production orders would require a person to produce infor- mation or documents believed to be related to specific offending, and could apply on a single or on an ongoing basis for a maximum period of 30 days.

Production order applications would be limited to en- forcement officers who were permitted to apply for a search warrant for the offence under investigation.
We think it important to note that there has been some misunderstand- ing about the nature of the production order regime.

It was intended that production orders would provide a less intrusive alternative to a search warrant in circumstances where the party subject to the order was willing to cooperate with enforcement officers.
For example, if police needed to obtain bank records during the investigation of a crime then it would be less disruptive to the bank if it could retrieve the documents itself, rather than having the police come in and search through its records.
The regime also codifies existing case law, with the courts having previously ruled that a search warrant can be executed by the police sending the warrant to the party concerned and that party identifying and producing the relevant documents without the police physically conducting the search.
It was suggested that the issuing of production orders should be restricted to judges; however we believe that as search warrants can be issued by other kinds of issuing officers, such as Justices of the Peace, there is no logical reason that a higher bar should be imposed for a less intrusive alternative to a search warrant.
12 Search and Surveillance Bill Commentary It was also argued that people should be notified if law enforcement officers had obtained their personal information, such as their bank records, through the use of a production order.

Once again we see no reason why this should apply when there is no comparable obligation regarding information gathered under a search warrant.

We also heard it argued that production orders should be more readily available.
The Serious Fraud Office would be able to obtain produc- tion orders during the course of investigations into serious or com- plex fraud.

If the director of the office believed documents might be relevant to the investigation, a production order could be issued by way of notice.

It was argued that the police also investigate serious and complex crime, and that the difference in thresholds and judicial oversight was counter-intuitive.
However we believe it is important for search powers to retain a level of judicial oversight.

We note one of the underlying policy principles of the bill is that search powers should be exercised only after judicial consideration.

In cases where there is a strong public interest in the information being obtained im- mediately, police already have warrantless search powers available to them.

Concern was raised about the way production orders would apply to telecommunications network operators.
Clause 68 of the bill as introduced refers to a network operator’s “interception capability”.

We were advised that this could mean telecommunications compan- ies could be required to establish and maintain an interception cap- ability for every agency that could conceivably obtain a production order.
The effect of this would be twofold: firstly network operators would have to set up an expensive and complex system in order to intercept information, and secondly agencies could use production orders as a means of intercepting data so as to bypass the protections in the surveillance device regime.

We agree, and recommend that clause 68 be amended to reflect the intent of the production order regime more accurately.
To make it clear that production orders cover only information and documents that have been stored in the normal course of business, we recom- mend amending clause 68 by removing the reference to “intercep- tion capability”, and making it clear that the term “document” does not cover information that a network operator would not store in the normal course of business, or anything the network operator does not have the capability to store.
This would ensure that people and or- Commentary Search and Surveillance Bill 13 ganisations were not expected to provide under a production order information that they would not normally keep.

The removal of the reference to interception capability would ensure the clause remained consistent with the intention of the regime, as production orders are intended to cover only information already stored, and not to author- ise interception.
We also recommend deleting the words “and monitoring orders” from the title of subpart 2 of Part 3, to prevent confusion as the subpart refers only to production orders.

Purpose clause We recommend inserting new clause 4A into the bill.

This would clarify the bill’s intent to balance law enforcement values against human rights and recognise the importance of human rights values in the context of search and surveillance powers.
Interpretation We recommend inserting a new schedule into the bill to set out how Part 4 of the bill applies to the relevant Acts detailed in Part 5.

We believe this would make the legislation more accessible and clearer to the public and to practitioners.
Recommended changes to police powers in the bill We believe that the power to arrest and to set up road blocks without warrant to apprehend persons unlawfully at large should not be with- out limitation, and specifically that the power should not be available in relation to persons who are “unlawfully at large” simply by virtue of unpaid fines.
We recommend changing the definition of the term “unlawfully at large” in clause 3, so that a person would not be considered to be un- lawfully at large if the warrant for their arrest had been issued under Part 3 of the Summary Proceedings Act or was a warrant for unpaid fines issued under the Crimes Act.

We recommend inserting new clause 18A to allow a police constable to search any person found in or on a place or vehicle while executing a search warrant issued under the Misuse of Drugs Act 1975.
This amendment reflects sec- tion 18(1) of that Act.

We understand this provision was inadver- 14 Search and Surveillance Bill Commentary tently left out of the bill as introduced and we recommend this over- sight be corrected.
We also recommend that clause 19 of subpart 7 be amended so that a police constable could carry out a warrantless search of a vehicle or place in relation to suspected offences under the Misuse of Drugs Act only when the constable believed, on rea- sonable grounds, that it was not practicable to obtain a warrant.

This would represent a codification of existing case law.
We recommend inserting new clause 10(1)(aa) into the bill to allow police to obtain the details of a person in a vehicle only if the officer has reasonable grounds to suspect the person has committed an of- fence punishable by a term of imprisonment.
We believe this would balance the powers and safeguards in the bill by ensuring people were not required to give their particulars without good cause, while still allowing police to ascertain the identities of individuals where neces- sary to investigate serious offending.

We also recommend amending clause 30(c) to align police powers to require the details of people in a vehicle stopped at a road block with new clause 10(1)(aa).
We recommend that clause 14(2)(a) be amended by inserting “ser- ious” before “loss”.

This clause would then stipulate that a warrant- less right of entry could be exercised only to prevent a crime causing serious loss of property, such as arson, and could not be applied to less serious offences such as shoplifting.

Residual warrant regime We recommend deleting existing clauses 57 to 67 and replacing them with new clauses 57 to 61.
This would recast the residual warrant regime as a “declaratory order” regime, and make it clear that activ- ities, techniques, or devices which are not lawful or reasonable would not be authorised.

The residual warrant regime was intended to give enforcement officers a degree of comfort that obtaining evidential material by using a new technique, procedure, or device would not contravene the New Zealand Bill of Rights Act 1990.
The use of the term “warrant” in the bill suggests that enforcement officers would be authorised to do something they otherwise would not be permit- ted to do.

Recasting it as a “declaratory order” would make it clear that the regime would simply provide judicial clarification that the intended activity, technique, or device was lawful and reasonable.
Commentary Search and Surveillance Bill 15 New clause 57(2) would make it clear that the granting of a declara- tory order would not confer any special status on evidence collected using the device or technique authorised under the order.

The evi- dence, and the way it was collected, would still have to comply with the New Zealand Bill of Rights Act and be subject to normal eviden- tial tests at trial.
We believe these amendments would facilitate the establishment of a regime under which enforcement agencies could undertake the investigation of crime in the modern era and keep pace with technological advancement, whilst ensuring novel technologies were employed in a way that was reasonable and appropriately re- spected those civil liberties and human rights codified in the New Zealand Bill of Rights Act.
Search powers Concerns were raised about the warrantless powers of search and en- try incidental to an arrest or detention that are contained in clauses 81 and 82 .

Clause 81 would allow the house or home of an arrested person to be searched if there were reasonable grounds to believe evi- dential material relating to the offence for which the person was ar- rested was located there and evidential material would be destroyed, concealed, or damaged before a warrant could be obtained.
We be- lieve this strikes a better balance between enforcement powers and civil liberties than the current law, which allows searches of only the place or vehicle where the person is arrested but does not require any belief that evidential material will be located there.

Similarly clause 82 would allow an enforcement officer to search a vehicle if there were reasonable grounds to believe evidential material relating to the offence for which the person was arrested was in a particular vehicle.
We believe that a search of a person’s home or vehicle for evidential material can be justified even if they are not arrested there; but it is fundamentally important that there must always be a reason- able belief that evidential material will be found before a search is undertaken.

We also recommend amending clause 228, which would insert new section 199A into the Fisheries Act 1996.
We recommend that the section be amended to make clearer the intent of the bill by stating that entry and search powers in the section may be exercised only where there are reasonable grounds to believe an offence against the Fisheries Act has been or is being committed.

16 Search and Surveillance Bill Commentary We recommend amending clause 123 to remove the power to require particulars, and relocating it as a police-only power in clause 10.
The requirement for a vehicle stopped by an enforcement officer exercis- ing a power to stop or search to remain stopped for as long as it is reasonable for the purposes of the search or stopping would continue to apply to all enforcement agencies covered by the bill that exercise powers to search vehicles.

Computer searches We recommend inserting new clause 87AD to create new definitions for computer searches.
New clause 87AD(1) sets out a more compre- hensive definition of what constitutes a computer system, and would allow enforcement officers access to computers with the capability to access the network concerned.
In order to strengthen the protec- tions in the bill these amendments would also make it clear that re- mote-access searching of computers would be permitted in only two situations: where a computer had the capability to lawfully access a computer system (and therefore was considered part of that system); and where there was no physical location to search (for example, in the case of web-based email that the user accesses from various lo- cations such as internet cafes).
We also recommend moving the definition of “access information” from clause 125(2) of the bill to new clause 87AD(1), nearer to re- lated definitions.

New clause 87AD(2) would ensure that computers not accessing the network at the time of the search were neverthe- less considered to be linked to the system if they had the capability to be lawfully connected to the network.

We note that technolog- ical developments now allow people to access computer networks remotely.
Computers may not be automatically connected to a net- work but users may still be able to link them into it.

We were con- cerned that the bill as introduced does not address this issue, and that computers which have the capability to lawfully access a computer network might potentially not be searchable in an authorised search of that network.

We also recommend inserting new clause 126A.


This would signifi- cantly strengthen the notice requirements set out in clause 126 by applying them to remote-access searches of internet data facilities.

As it would not be practical for a warrant to be presented, notifica- Commentary Search and Surveillance Bill 17 tion would be in the form of an email sent to the email address of the facility being searched.
Strip searches In order to ensure that the cultural and religious beliefs of persons be- ing searched are adequately respected and protected, we recommend inserting new clause 120(1A) to require that all personal searches, rub-down searches, and strip searches be carried out in a sensitive and decent way, which affords the person being searched a degree of privacy and dignity consistent with achieving the purpose of the search.
We also recommend amending clause 121 to require law enforcement agencies that carry out strip searches to ensure that a copy of their strip search guidelines is publicly available on their websites.

Search warrants In order to strengthen the protections in the bill we recommend amending clause 101(4)(a) to require a search warrant to state the name or other individual designation of the issuing officer.

In the bill as introduced the names of the issuing officers must appear on the warrant.
Concern was raised that this could pose a risk to issuing officers’ safety, and we recommend that the bill be amended to allow issuing officers to provide a form of identification other than their name on warrants.

Concern was also raised about the ability for warrants to be issued following oral communication between an enforcement officer and an issuing officer under clause 98(3).
We are satisfied that clause 98(3) contains sufficient safeguards to ensure that this provision would be used only in very specific circumstances.

We believe this clause would allow enforcement officers in remote areas to obtain warrants more easily in appropriate circumstances.
We recommend inserting new clause 106A to prevent issuing of- ficers from considering search warrant applications from agencies where they are employed, in order to eliminate any potential con- flict of interest and strengthen the safeguards in the bill.

We were concerned that issuing officers might feel unable to decline an appli- cation made by a superior within the same organisation, and believe new clause 106A would protect against such a situation occurring.
18 Search and Surveillance Bill Commentary We also recommend amending clause 106 to give the Attorney-Gen- eral the power to remove issuing officers for a justifiable reason.

We recommend inserting clauses 106(1A) and 106(5) to prevent enforce- ment officers from acting as issuing officers and to require the Attor- ney-General to remove an issuing officer from that office should they become an enforcement officer.
We believe these amendments would strengthen the processes and procedures for the issuing of search war- rants.

We recommend a number of changes to clause 108, including amend- ing the permissible search times in clause 108(a) from “any time which is reasonable in the circumstances” to “any time which is rea- sonable”.

The bill as introduced sets out those circumstances in which a search power may be exercised.
For the avoidance of confusion and the pro- tection of those involved in the search, whether it is the enforcement officer or the owner of the property being searched, we recommend amending clause 108(c) to make it clear that the ability to use force applies in relation to property only and not people.

We also recom- mend inserting clause 111(3), which explicitly states that any powers contained in clauses 108(c) and 110(2)(b) do not authorise the use of force against any person.
We further recommend amending clause 108(c) to bring the provi- sions for the seizure of property into line with the language used in clause 110(2)(e).

We recommend making clauses 108(d), 110(2)(d), and 114 subject to new clause 111(2).

This would restrict the power to detain a person while conducting a search to enforcement officers who were inves- tigating offences for which they had a related power of arrest.
This amendment would ensure this power was used only by enforcement officers who were appropriately trained to detain people.

In the bill as introduced, clause 113 would allow enforcement officers to tem- porarily secure a search scene once a warrant application had been made.

We recommend tightening up this clause by limiting it to situ- ations where there are reasonable grounds to suspect evidential ma- terial will be destroyed, removed, hidden, or tampered with.
Commentary Search and Surveillance Bill 19 Plain view searches Concern was also raised that clause 119 would allow enforcement officers to search premises for evidential material outside the scope of the search warrant.

We carried out extensive consultation on this issue.

Clause 119 would allow enforcement officers to seize items in “plain view” which might not be linked to the initial reason for the search.
Enforcement officers would not be allowed to search more extensively than would be permissible given the reasons for the war- rant being issued, for example by searching in a wardrobe when exe- cuting a search warrant in relation to a stolen car.

Clause 119 would merely allow officers to seize evidence of other offending discovered by an enforcement officer in the course of carrying out other lawful duties (such as a search in relation to other suspected offending).
We believe there are sufficient safeguards to prevent agencies undertak- ing fishing expeditions.

Privilege and confidentiality We recommend amending clause 135 in order to clarify the way the claim of privilege works.

We are aware of concern about whether the bill’s provisions for assessing privilege were adequate, and the risk that potentially privileged information could be viewed by an enforcement officer pending a determination from the courts.
Our recommended amendments to clause 135 would strengthen the bill and make it clear that no search could occur pending the determin- ation of a claim of privilege, and that the person claiming privilege must have access to or be given a copy of any information seized by an enforcement officer exercising a search power while the claim was pending.

Furthermore clause 130(1)(i) aligns the bill with section 68 of the Evidence Act 2006, which provides for journalists to protect certain sources.
We recommend amending clause 100 to prevent a warrant being is- sued to seize anything protected by legal privilege unless there is a prima facie case that the thing in question was prepared or compiled for a dishonest purpose or made in order to commit or to plan to com- mit an offence.

This would ensure consistency with the equivalent provision in the Evidence Act.
We also recommend consequential 20 Search and Surveillance Bill Commentary amendments to clause 130(2), which relates to recognition of privil- ege, and clause 49, which covers surveillance device warrants.

• • Reporting requirements We recommend a number of amendments to the reporting require- ments in clauses 162 to 164.
These requirements are intended to strengthen the protections in the bill by helping both Parliament and the relevant agencies to assess whether search and surveillance powers are being used appropriately and are providing useful in- formation for the purposes of law enforcement.

Concern has been expressed about the feasibility of some of these requirements.
We recommend amending the following clauses: • clause 164(f), to require less specific reporting of the nature of a device, technique, procedure, or an activity authorised by a declaratory order clauses 163(1)(e) and 164(h), to remove the requirement to report the number of occasions that criminal proceedings are not brought within 90 days of the use of a surveillance device or the exercising of a declaratory order clause 163(1)(c), to simplify reporting of the use of warrantless surveillance devices, so that the report need only specify the numbers of times each type of surveillance device was used for fewer than 24 hours, or between 24 and 48 hours clauses 162(1AA) and 162A(1), to confine the warrantless powers on which police are required to report to those set out in Part 2 and Part 3 of the bill clauses 163(1)(d) and 164(g), to make it clear what must be reported is the number of persons charged with criminal pro- ceedings where the collection of evidential material relevant to those proceedings was significantly assisted by the search, surveillance, or activity carried out under a declaratory order.
We also recommend amending clause 171 to make it an offence for anyone to disclose information obtained through the use of a search power, an examination order, activities carried out under a declara- tory order, a surveillance power, or a production order.

Currently clause 171 covers only people involved in the investigation.
This amendment would prevent such information being disclosed regard- • • Commentary Search and Surveillance Bill 21 less of how it came into the possession of the person unlawfully dis- closing it.

Inspection powers Part 4 of the bill would give a number of ancillary powers, including the power to use force, to regulatory agencies conducting an inspec- tion.

We are aware of concern that this would give regulatory agen- cies greater powers than necessary.
Particular concern was expressed that Part 4 would give regulatory agencies the power to use force.

We believe it is important to emphasise that if the police were required to accompany regulatory officers they would have no greater powers to use force against property by virtue of being police officers than the regulatory officers.

The powers are derived from the relevant le- gislation, not necessarily from an enforcement officer’s position.
We do not believe that these powers are unreasonable, and consider that they in fact achieve a balance between the protection of civil liberties and the provision of the powers required by enforcement agencies to do their job.

Clause 108(c) states that the use of force must be reasonable for the purposes of the entry and search.

This clause merely reflects the existing position under a number of statutes.
If regulatory agen- cies did not have the use of reasonable force people could frustrate searches by refusing to cooperate, for example by refusing to unlock a filing cabinet containing relevant documents or by not allowing ani- mal welfare officers into locked farm buildings.

Green Party minority view The Green Party is thankful that the committee has given this bill thorough consideration, and has allowed a second round of public submissions.
We also support most of the amendments the commit- tee has made to the bill.

They generally restrict search and surveil- lance powers more than the original bill, and improve accountability provisions.

However, the Green Party still considers the bill as a whole to be a major erosion of our civil liberties.

Two striking examples of this are the provisions for Examination and Production Orders.

These violate people’s traditional right to silence, other than when giving evidence in court.
This right is now to be 22 Search and Surveillance Bill Commentary violated, not only for those suspected of an offence, but all those spouses, friends, and colleagues of the suspect, in fact anyone who might have some information on the alleged offence.

They will be required to answer questions or produce documents or face the pos- sibility of a term in prison.

We are concerned that Production Orders can be enforced by a range of State agencies other than the police.
While Examination Orders will be more restricted, mainly applying to offences carrying a seven- year prison term, these offences can include such things as intentional damage–charges that have been laid against non-violent dissenters.

If a dissenting group is deemed by police to be an “organised crim- inal group”, as has happened recently, then a warrant for an Exam- ination Order can be granted.
We are also conscious that once this new principle of using Examination Orders in a non-business context is established, the range of qualifying offences can be subsequently expanded.

The Green Party is worried about moves in the direction of a surveil- lance State contained in this bill, with all its provisions for visual and audio surveillance, tracking people, and intercepting their com- munications.
Judges will also be given the power to give warrants for other, as yet untried, surveillance techniques, under what are to be known as “declaratory orders”.

Surveillance using heat or smell detectors have been mentioned as possibly being covered under declaratory orders.

We believe that if the State wishes to use such new forms of surveillance, then a proposal should go before Parlia- ment, rather than the new means simply being authorised by a judge.
The advance of digital technology means that all the mentioned forms of surveillance are now cheaper and easier for the agencies to use, and the targets of surveillance are less likely to find out.

Tracking devices being miniaturised means it is simple to put one under a person’s car, and all of a person’s electronic communications (phone calls, texts, and emails) can be intercepted and checked in their thousands once systems are in place at service providers.
Facial recognition technology can quickly scan photos and videotapes to find out where a target was at a particular point of time.

The Green Party is against allowing warrants for such types of surveillance to be granted to dozens of State agencies.

Most of these State agencies have no independent complaints systems comparable with the Independent Police Conduct Authority.
Commentary Search and Surveillance Bill 23 Perhaps the most offensive surveillance warrant is the one allowing State agents to trespass a home and install a covert video camera in a family’s private space.

Serious criminality is not so rampant in this country as to justify such an extreme intrusion on people’s privacy.

We don’t think the assurance that this measure will only apply to higher-level offences is sufficient justification.
It should be noted that this bill explicitly allows this extreme surveillance to apply to thousands of New Zealanders who each year are guilty of minor violations of our gun laws.

This specific power will be able to be provided not only to police, but also to Customs and the Department of Internal Affairs.
Other State agencies which don’t have this most intrusive power will, however, be given the power to covertly tape conversations between their agents and anyone they believe has information relevant to an offence.

While this bill does not give extra agencies the general power to search, it does give many of the agencies a more specified set of powers, including powers that most of these agencies have never used before.
Many agencies are now specifically granted the power to seize com- puters and make a “forensic” copy of the information on them.

We believe that searching through people’s computer files is hugely in- trusive and such a power should not be so widely granted.

So many personal and private activities are now recorded on people’s comput- ers.

While searches are supposed to focus on evidence relating to the charges specified in the warrant, computer searches lay themselves open to abuse.
It is not hard for the “key word” searching of the “forensic copy” of a hard drive to be manipulated to disclose a wide range of information.

It would be hard to stop computer searches be- ing used for “fishing expeditions” particularly when the bill allows the collection and use of evidence on unrelated charges if it comes into “plain view” during a search.

This “plain view” provision doesn’t just apply in computer searches.
It is available to be used by all agencies searching premises and gives them more powers than they have previously had, with a potential for them to be abused.
The Green Party also shares the concern of the Media Freedom Com- mittee, in its submission to the committee, that police searches of media offices might uncover confidential sources before the media 24 Search and Surveillance Bill Commentary organisation had its chance to challenge the seizure of the informa- tion under section 68 of the Evidence Act, which gives journalists a right to protect certain sources.
In summary, the Green Party does not believe the supporters of this Bill have explained why, at this point in our nation’s history, we need to give such extra powers to police and other State agencies, and in the process erode hard-won civil liberties.

New Zealand Labour minority view The Labour Party concurs with the report, with the exception of the proposed regime to allow the police to obtain examination orders and production orders.
Examination and production orders are exceptions to, and override, the right to silence.

They can be used to require a party to answer questions or produce documents.

Police can currently ask questions and obtain and execute search warrants, but witnesses or suspects or those who hold evidence, do not have to answer questions or offer up documents.

The Serious Fraud Office (SFO) is currently the only State agency with the power to issue examination orders and production orders.
The SFO has taken to using those powers too frequently, rather than relying upon conventional investigation techniques and warranted searches in all but exceptional cases where the use of these orders is justified.

This is an example of how when extra powers are given to an arm of the State that agency can utilise them more frequently than Parliament intended.
In recent weeks the SFO has also used those powers to order the production of documents in the possession of the National Business Review as part of the SFO inquiry into the collapse of South Canterbury Finance.

This concerns us greatly.

The freedom of the press to investigate and report on issues of public interest is an important part of New Zealand’s constitutional settings.

Putting the confidentiality of their sources at risk means that sources will be less willing to confide in them in the future.
This undermines the role of the fourth estate and is to the detriment of the general public.

It shows how careful we need to be before conferring power of this kind to State agencies.

We were unable to include additional controls on SFO powers and processes concerning production or examination orders through this Commentary Search and Surveillance Bill 25 bill because we were advised they were beyond the scope of the cur- rent bill.
The Labour Party enquired of the Government via select committee members and officials whether the Government was willing to tighten the use of production and examination orders by the SFO at the same time as similar powers were being conferred upon the police under this bill.

Officials advised that the Government was not willing to do so.
The recommendations of the committee do tighten the rules applying to the use of examination and production orders by the police com- pared with the form of the bill that came to select committee.

Despite this, the range of offences includes offences with a maximum sentence of 5 years or more in a business context and 7 years or more in a non-business context.

While these are not minor offences, not all are the most serious and the range of offences is broad.
Additionally there are no specific provisions to protect freedom of the press and the confidentiality of their sources.

Unless further restrictions on the use of such power for both the SFO and the police are agreed by the Government, we will oppose this extension of powers to the police.

26 Search and Surveillance Bill Commentary Appendix Committee process The Search and Surveillance Bill was referred to us on 4 August 2009.

The closing date for submissions was 18 September 2009.
We received and considered 48 submissions from interested groups and individuals.

We heard 24 submissions.

On 6 August 2010 we made an interim report to the House and re- leased for further comment from interested groups and individuals a revision-tracked version of the bill, the departmental report, and other advice we had received.

We received and considered 379 further sub- missions following the release of the interim report.

We heard five further submissions.


We received advice from the Ministry of Justice and the Law Com- mission.

Committee membership Chester Borrows (Chairperson) Jacinda Ardern Kanwaljit Singh Bakshi Simon Bridges Dr Kennedy Graham Hekia Parata Hon David Parker Lynne Pillay Paul Quinn Keith Locke replaced Dr Kennedy Graham for this item of business.
Search and Surveillance Bill Key to symbols used in reprinted bill As reported from a select committee text inserted by a majority text inserted unanimously text deleted by a majority text deleted unanimously Hon Simon Power Search and Surveillance Bill Government Bill Contents Part 1 General provisions Title Commencement Interpretation Act binds the Crown Purpose Part 2 Police powers Subpart 1—Rules about internal searches and search warrant powers in relation to places, vehicles, and other things Internal searches generally prohibited Issuing officer may issue search warrant Subpart 2—Warrantless powers to enter and search when effecting arrest Entry without warrant to arrest person unlawfully at large Entry without warrant to avoid loss of offender or evidential material Stopping vehicle without warrant to effect arrest Stopping vehicle to find persons unlawfully at large or who have committed certain offences Powers and duties of constable after vehicle stopped 45—2 Page 20 20 20 27 27 27 28 28 28 29 29 1 1 2 3 4 4A Search and Surveillance Bill Subpart 3—Warrantless searches of people who are to be locked up in Police custody Warrantless searches of people who are to be locked up in Police custody Searchers Property taken from people locked up in Police custody Subpart 4—Warrantless powers of entry in urgent circumstances Warrantless entry to prevent offence or respond to risk to life or safety Subpart 5—Warrantless powers for evidential material relating to serious offences Entry without warrant to find and avoid loss of evidential material relating to certain offences Searching people in public place without warrant for evidential material relating to certain offences Warrantless entry and search of vehicle for evidential material relating to certain offences Subpart 6—Warrantless powers in relation to arms offences Warrantless searches associated with arms Subpart 7—Police powers in relation to Misuse of Drugs Act 1975 offences Search of persons in relation to Misuse of
 Drugs Act 1975 offence search warrants Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences Warrantless searches of people found in or on places or vehicles Warrantless power to search and detain person, and seize controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975 Internal search of person under arrest for offence against section 6 or 7 or 11 of Misuse of Drugs Act 1975 Effect of not permitting internal search under section 22 on bail application 18A 30 30 31 31 32 32 33 33 34 34 35 35 36 37 Search and Surveillance Bill Subpart 8—Warrantless powers in relation to offences against section 202A of Crimes Act 1961 Meaning of disabling substance and offensive weapon in this subpart Searching people in public places without search warrant if offence against section 202A of Crimes Act 1961 suspected Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected Subpart 9—Warrantless search of vehicle for stolen property Power to search vehicles without warrant for stolen property Subpart 10—Warrantless powers relating to road blocks Obtaining authorisation for warrantless road block Duration and record of warrantless road block authorisation Authorised road blocks implemented without warrant Subpart 11—Examination orders Examination orders in business contexts Inspector or more senior officer may apply for examination order in business context Conditions for making examination order in business context Examination orders in contexts other than those of business Inspector or more senior officer may apply for examination order in non-business context Conditions for making examination order in non-business context Other provisions that apply to examination order applications Other provisions that apply to examination order applications Making examination orders and contents of examination orders Judge may make examination order
 Form and content of examination order 24 25 26 27 28 29 30 31 32 33 34 35 36 37 37 38 38 39 39 40 41 41 42 43 44 45 45 46 3 Search and Surveillance Bill Other provisions relating to examination orders 38 39 40 Presence of lawyer Duration of examination order Other provisions that apply to examination orders 40A Examination order reports Examination order reports 41 Subpart 12—Other matters Common law defence of necessity for people other than constables not affected by this Part Part 3 Enforcement officers’ powers and orders Subpart 1—Surveillance device warrants and declaratory orders 42AA Restrictions on some trespass surveillance and use of interception device Surveillance device warrants Activities for which surveillance device warrant required Some activities that do not require warrant under this subpart Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency Application for surveillance device warrant Application for surveillance device warrant Approval of law enforcement agencies other than Police to carry out visual trespass surveillance and use interception devices Conditions for issuing surveillance device warrant Other provisions that apply to surveillance device warrant applications Issuing of surveillance device warrant Who may issue surveillance device warrant Restrictions on issue of surveillance device warrant Form and content of surveillance device warrant 42 43 44 45 45A 46 47 48 49 50 Carrying out authorised surveillance activities and evidential material relevant to other offences 51 Carrying out authorised surveillance activities 4 46 47 47 47 48 48 48 49 50 52 53 54 55 55 55 56 58 Search and Surveillance Bill 51A Admissibility of evidential material relevant to other offences Other provisions applying to surveillance device warrants Other provisions that apply to surveillance device warrants Surveillance device warrant reports Surveillance device warrant report Report on use of
 surveillance device in situation of urgency or emergency Actions on receipt of surveillance device warrant report Actions on receipt of report on use of surveillance device in situation of urgency or emergency Retention and destruction of raw surveillance data, excerpts, and other information obtained Retention of raw surveillance data, excerpts, and information obtained Disposal of raw surveillance data, excerpts, and information obtained Declaratory orders What is a declaratory order Applying for declaratory order When to obtain declaratory order Application for declaratory order Making declaratory order Who may make declaratory order Form and content of declaratory order Subpart 2—Production orders Interpretation Enforcement officer may apply for production order Conditions for making production order Other provisions that apply to production order applications Issuing officer may make production order Form and content of production order Duration of production order Other provisions applying to production orders Documents produced under production order Copy of retained document to be given 52 53 54 55 56 56A 56B Search and Surveillance Bill Subpart 3—Police and Customs officer powers to search in relation to delivery under section 12 of Misuse of Drugs Amendment Act 1978 Meaning of terms used in this subpart Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978 Subpart 4—Warrantless powers of entry and search incidental to arrest or detention Application of this subpart Entry without warrant after arrest Warrantless entry and search of vehicle after arrest Rub-down search of arrested or detained person Things that can be done to facilitate rub-down search Rub-down search may include visual examination Warrantless search of arrested or detained person Part 4
 General provisions in relation to search and inspection powers Subpart 1—Application of rules in this Part, and consent searches Application of rules 87AA General application rules 87AB Relationship between this Part and Part 5 87AC Interpretation 87AD Definitions related to computers 87 Application of rules in relation to enforcement officers and transfer of things between law enforcement agencies, etc Consent searches Application of rules about consent searches Purposes for which consent search may be undertaken Advice that must be given before consent search undertaken Circumstances where search by consent unlawful Ability of persons under 14 years to consent to searches of places, vehicles, or other things Exceptions to consent search rules Subpart 2—Search warrants Application of sections 95 to Search and Surveillance Bill 95 96 97 98 99 Interpretation Application for search warrant Application for search warrant Application must be verified Mode of application for search warrant Retention of documents Issuing of search warrant Restrictions on issue of search warrant 100 Form and content of search warrant 101 Issuing officer may require search warrant report 102 103 Transmission of search warrant 104 When search warrant executed 105 When search warrant invalid 106 106A Limitation on jurisdiction of certain issuing officers Authorisation of issuing officers Subpart 3—Carrying out search powers Search powers 108 108A Remote access search of thing authorised by warrant 109 110 110A Powers of persons called to assist remote access search 111 Items of uncertain status may be seized Powers of persons called to assist Limitation on exercise of powers Giving directions 112 Securing place, vehicle, or other thing to be searched 113 114 Establishing search scene Special powers where application for search warrant pending Detention of person at search scene Powers of detention
 incidental to powers to search places and vehicles Powers of search incidental to powers of arrest 115 116 Powers of search incidental to power of arrest Powers of search when suspect pursued Stopping vehicles with or without warrant for purposes of search 117 Stopping vehicles with or without warrant for purposes of search 87 87 88 88 89 90 90 93 93 94 94 94 95 96 97 97 98 99 100 100 101 102 102 103 104 7 Search and Surveillance Bill 118 Moving vehicle for safekeeping and other purposes Moving vehicle for purpose of search, safekeeping, or road safety 119 Seizure of items in plain view Seizure of items in plain view Search of persons Special rules about searching persons Guidelines and rules about use of strip searching 120 121 Search warrants to enter and search vehicles 122 Search warrants to enter and search vehicles Duty to remain stopped 123 Duty to remain stopped 124 Duty to provide information Duty to provide information 125 Computer system searches Duty of persons with knowledge of computer system or other data storage devices to assist access Identification and notice 126 Identification and notice requirements for person exercising search power (other than remote access search) 126A Identifications and notice requirements for remote access search Inventory of items seized Compliance with certain provisions may be deferred in certain circumstances Further postponement of, or dispensation from, obligation to comply with certain provisions Subpart 4—Privilege and confidentiality General Recognition of privilege Lawyers’ trust accounts Examination orders and production orders Privilege against self-incrimination Other privileges 127 128 129 130 131 132 133 8 104 104 105 106 107 107 107 108 110 112 112 113 114 115 116 116 117 Search and Surveillance Bill 134 135 136 137 138 139 140 Surveillance Effect of privilege on surveillance conducted under this Act Search warrants and other search powers Effect of privilege on search warrants and search powers Search
 warrants that extend to lawyers’ premises or material held by lawyers Search warrant extending to certain other privileged materials Searches otherwise affecting privileged materials Interim steps pending resolution of privilege claim Claims for privilege for things seized or sought to be seized 141 Admission of evidence Admission of evidence generally Subpart 5—Procedures applying to seized or produced materials Disposal of things seized or produced Certain things must be returned Custody of things seized or produced Copies of things seized or produced Extension of time for holding thing seized or produced Disputed ownership of thing seized or produced Seized or produced property forfeit to the Crown if ownership not established Rights of owners and others in relation to things seized or produced Application for release of or access to things seized or produced Failure to comply with bond or conditions Application to District Court for access to thing seized or produced Application to District Court for release of thing seized or produced Disposal of unlawful items Disposal of forensic copies Other copies and generated material may be retained Application to District Court to dispose of seized property Search and Surveillance Bill Subpart 6—Immunities 157 158 159 160 161 162 Immunities of issuing officer Immunities in relation to obtaining or execution of orders and warrants Other immunities in relation to exercise of entry, search, or surveillance powers Immunity of the Crown Relationship between sections 157 to 160 and other enactments Subpart 7—Reporting Reporting of exercise of powers within law enforcement agency 162A Annual reporting of search and surveillance powers by 163 164 165 166 167 168 169 170 171 Commissioner Annual reporting of search and surveillance powers by agencies other than Police Information
 to be included in report on surveillance device warrants and declaratory orders Subpart 8—Offences Failing to comply with examination order Failing to comply with production order False application for examination order, production order, search warrant, surveillance device warrant, or declaratory order Leaving search location in breach of direction Offences relating to stopping vehicles Offence of failing to carry out obligations in relation to computer system search Offence to disclose information acquired through search or surveillance Subpart 9—Miscellaneous 172 173 Effect of proceedings Service of orders and notices 132 132 133 133 133 133 134 136 137 139 139 140 140 140 141 141 142 144 10 Search and Surveillance Bill Part 5 Amendments, repeals, and miscellaneous provisions Subpart 1—Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes Amendments to Agricultural Compounds and Veterinary Medicines Act 1997 Amendments to Agricultural Compounds and Veterinary Medicines Act 1997 Powers of entry for inspection Issue of search warrants Powers of entry with warrant Disposal of property seized Amendments to Animal Products Act 1999 Amendments to Animal Products Act 1999 Power of entry Power to examine, etc New section 91A inserted 91A Disposal of seized animals prior to commencement or determination of proceedings Other amendments to Animal Products Act 1999 Amendments to Animal Welfare Act 1999 Amendments to Animal Welfare Act 1999 Amendments to sections 130 to 136 New section 136A inserted 136A Disposal of animals seized or taken into custody prior to commencement or determination of proceedings Vehicle, aircraft, ship, or animal may be detained Power of court to order certain animals be forfeited to the Crown Amendment to Antarctic Marine Living Resources Act 1981 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 Amendment to Antarctic
 Marine Living Resources Act 1981 145 145 145 146 146 147 147 147 148 148 150 151 151 152 152 154 155 155 11 Search and Surveillance Bill Amendments to Antarctica (Environmental Protection) Act 1994 191 Amendments to Antarctica (Environmental Protection) Act 1994 Amendments to Aviation Crimes Act 1972 192 Amendments to Aviation Crimes Act 1972 Amendments to Biosecurity Act 1993 193 Amendments to Biosecurity Act 1993 194 195 196 197 Amendment to Boxing and Wrestling Act 1981 Amendment to Boxing and Wrestling Act 1981 New section 9 substituted 9 Search warrants Amendments to Children, Young Persons, and Their Families Act 1989 Amendments to Children, Young Persons, and Their Families Act 1989 Amendments to Parts 1 to 9 of Children, Young Persons, and Their Families Act 1989 197A Amendments to Part 10 of Children, Young Persons, and 198 Their Families Act 1989 New section 445D inserted 445D Certain provisions of Search and Surveillance Act 2009 apply to some warrants Amendments to Civil Aviation Act 1990 199 Amendments to Civil Aviation Act 1990 Amendments to Commodity Levies Act 1990 200 Amendments to Commodity Levies Act 1990 Amendments to Conservation Act 1987 201 Amendments to Conservation Act 1987 Amendments to Customs and Excise Act 1996 Amendments to Customs and Excise Act 1996 Amendments to sections 139 to 141 of Customs and Excise Act 1996 Searching vehicles Amendments to sections 149A to 149D of Customs and Excise Act 1996 202 203 204 205 12 155 156 156 157 157 157 158 158 158 159 159 159 160 160 160 161 161 161 Search and Surveillance Bill 206 207 208 209 210 Examination of goods no longer subject to control of Customs Amendments to sections 165 to 167 of Customs and Excise Act 1996 Amendments to section 172 and repeal of sections 168 to 171 and 173 of Customs and Excise Act 1996 Seizure and detention of goods suspected to be certain risk goods or evidence of commission of certain offences New section 175D inserted 175D Seizure and detention of certain drugs
 and objectionable publications 211 Amendments to Part 17 of Customs and Excise Act 1996 Amendments to Dairy Industry Restructuring Act 2001 Amendments to Dairy Industry Restructuring Act 2001 Amendments to Dog Control Act 1996 Amendments to Dog Control Act 1996 Power of entry Other amendments to Dog Control Act 1996 Amendments to Driftnet Prohibition Act 1991 Amendments to Driftnet Prohibition Act 1991 Powers of search New section 16 substituted 16 Sections 17 to 22 repealed Section 24 repealed Custody of property seized 212 213 214 215 216 217 218 219 220 Amendments to Employment Relations Act 2000 221 Amendments to Employment Relations Act 2000 Amendments to Extradition Act 1999 222 Amendments to Extradition Act 1999 223 224 225 Amendments to Films, Videos, and Publications Classification Act 1993 Amendments to Films, Videos, and Publications Classification Act 1993 Amendments to sections 109 to 109B of Films, Videos, and Publications Classification Act 1993 New section 110 substituted 110 Application of Part 4 of Search and Surveillance Act 2009 162 163 163 164 164 164 165 165 166 166 166 168 168 168 168 168 168 168 169 169 169 170 170 13 Search and Surveillance Bill 225A Section 118 repealed 226 227 228 Amendments to Financial Transactions Reporting Act 1996 Amendments to Financial Transactions Reporting Act 1996 Amendments to Fisheries Act 1996 Amendments to Fisheries Act 1996 New sections 199 and 199A substituted 199 Powers of entry and examination for regulatory purposes 199A Powers of entry and search for law enforcement purposes 229 230 Amendments to sections 200 to 207 of Fisheries Act 1996 Amendments to sections 208 to 220 of Fisheries Act 1996 231 Amendments to Food Act 1981 Amendments to Food Act 1981 Amendments to Gambling Act 2003 232 Amendments to Gambling Act 2003 Amendments to Hazardous Substances and New Organisms Act 1996 233 Amendments to Hazardous Substances and New Organisms Act 1996 Amendments to Health and Safety in Employment Act 1992 234
 Amendments to Health and Safety in Employment Act 1992 Amendments to Health Practitioners Competence Assurance Act 2003 235 Amendments to Health Practitioners Competence Assurance Act 2003 Amendments to Human Assisted Reproductive Technology Act 2004 236 Amendments to Human Assisted Reproductive Technology Act 2004 Amendments to Human Tissue Act 2008 237 Amendments to Human Tissue Act 2008 14 170 170 171 171 171 172 173 174 175 176 177 177 178 178 179 Search and Surveillance Bill 238 239 240 Amendments to Immigration Advisers Licensing Act 2007 Amendments to Immigration Advisers Licensing Act 2007 New sections 56 and 57 substituted 56 57 Other amendments to Immigration Advisers Licensing Act 2007 Purposes of inspection Interpretation powers Amendments to International Crimes and International Criminal Court Act 2000 241 Amendments to International Crimes and International Criminal Court Act 2000 Amendments to International War Crimes Tribunals Act 1995 Amendments to International War Crimes Tribunals Act 1995 242 Amendments to Land Transport Act 1998 243 Amendments to Land Transport Act 1998 Amendments to Local Government Act 2002 244 245 246 Amendments to Local Government Act 2002 Seizure of property from private land Other amendments to Local Government Act 2002 Amendments to Major Events Management Act 2007 247 Amendments to Major Events Management Act 2007 248 249 250 Amendments to Marine Mammals Protection Act 1978 Amendments to Marine Mammals Protection Act 1978 Powers of search New section 14 substituted 14 Officer may obtain warrant Amendments to Marine Reserves Act 1971 251 Amendments to Marine Reserves Act 1971 Amendments to Maritime Security Act 2004 252 Amendments to Maritime Security Act 2004 Amendments to Maritime Transport Act 1994 253 254 Amendments to Maritime Transport Act 1994 Amendments to Part 30 of Maritime Transport Act 1994 179 180 180 180 181 181 182 183 184 184 185 186 187 187 188 188 188 188 189 189 15 Search and Surveillance Bill 255 New
 sections 454 and 455 substituted 454 Warrant to inspect dwellinghouse, marae, etc 455 Entry in respect of offences Amendments to Meat Board Act 2004 256 257 258 Amendments to Meat Board Act 2004 Amendments to Part 3 of Meat Board Act 2004 Amendments to Part 4 of Meat Board Act 2004 Amendments to Motor Vehicle Sales Act 2003 259 Amendments to Motor Vehicle Sales Act 2003 Amendments to National Parks Act 1980 260 Amendments to National Parks Act 1980 Amendments to Overseas Investment Act 2005 261 Amendments to Overseas Investment Act 2005 Amendments to Ozone Layer Protection Act 1996 262 263 264 265 Amendments to Ozone Layer Protection Act 1996 Search warrants New section 25 substituted 25 Return or forfeiture of property seized Retention of property seized Amendment to Petroleum Demand Restraint Act 1981 266 Amendment to Petroleum Demand Restraint Act 1981 Amendments to Pork Industry Board Act 1997 267 Amendments to Pork Industry Board Act 1997 Amendments to Prostitution Reform Act 2003 268 Amendments to Prostitution Reform Act 2003 Amendments to Radiation Protection Act 1965 269 Amendments to Radiation Protection Act 1965 Amendments to Radiocommunications Act 1989 270 Amendments to Radiocommunications Act 1989 Amendments to Reserve Bank of New Zealand Act 1989 Amendments to Reserve Bank of New Zealand Act 1989 Amendments to Parts 4 and 5 of Reserve Bank of New Zealand Act 1989 Further amendments to Reserve Bank of New Zealand Act 1989 271 272 273 16 189 189 190 190 190 191 192 192 193 194 194 194 194 194 194 195 195 196 196 197 197 198 Search and Surveillance Bill Amendments to Reserves Act 1977 274 Amendments to Reserves Act 1977 Amendments to Resource Management Act 1991 275 Amendments to Resource Management Act 1991 Amendments to Sale of Liquor Act 1989 276 Amendments to Sale of Liquor Act 1989 Amendment to Social Security Act 1964 277 278 Amendment to Social Security Act 1964 New section 128A inserted 128A Chief executive may apply for search warrant Amendments
 to Tax Administration Act 1994 279 Amendments to Tax Administration Act 1994 280 281 Amendments to Trade in Endangered Species Act 1989 Amendments to Trade in Endangered Species Act 1989 Amendments to Unsolicited Electronic Messages Act 2007 Amendments to Unsolicited Electronic Messages Act 2007 Amendments to Wild Animal Control Act 1977 282 Amendments to Wild Animal Control Act 1977 Amendments to Wildlife Act 1953 283 Amendments to Wildlife Act 1953 284 Amendments to Wine Act 2003 Amendments to Wine Act 2003 Subpart 2—Amendments to search and seizure powers in other enactments (and to related provisions) used for regulatory purposes Amendments to Anti-Personnel Mines Prohibition Act 1998 Amendments to Anti-Personnel Mines Prohibition Act 1998 Amendments to Chemical Weapons (Prohibition) Act 1996 Amendments to Chemical Weapons (Prohibition) Act 1996 285 286 199 200 201 201 201 201 202 202 203 204 205 206 207 208 17 Search and Surveillance Bill Amendments to Commerce Act 1986 287 Amendments to Commerce Act 1986 Amendment to Credit Contracts and Consumer Finance Act 2003 Amendment to Credit Contracts and Consumer Finance Act 2003 288 Amendments to Electricity Act 1992 289 Amendments to Electricity Act 1992 Amendments to Fair Trading Act 1986 290 Amendments to Fair Trading Act 1986 Amendments to Forests Act 1949 291 Amendments to Forests Act 1949 292 Amendments to Gas Act 1992 Amendments to Gas Act 1992 Amendment to International Energy Agreement Act 1976 Amendment to International Energy Agreement Act 1976 293 Amendments to Weights and Measures Act 1987 294 Amendments to Weights and Measures Act 1987 Subpart 3—Other repeals and amendments Amendments to Arms Act 1983 295 Arms Act 1983 amended Amendments to Corrections Act 2004 296 Corrections Act 2004 amended 297 Crimes Act 1961 amended Amendments to Crimes Act 1961 Amendment to District Courts Act 1947 298 299 District Courts Act 1947 amended New section 17A substituted 17A Sections 117, 123, and 124 of Search and
 Surveillance Act 2009 inapplicable to bailiffs Amendment to Electricity Industry Reform Act 1998 300 Electricity Industry Reform Act 1998 amended 301 Health Act 1956 amended Amendment to Health Act 1956 18 208 209 209 210 210 211 212 212 212 213 213 214 214 215 215 215 Search and Surveillance Bill Amendments to Misuse of Drugs Act 1975 302 Misuse of Drugs Act 1975 amended New section 18 substituted 303 18 Seizing and destroying prohibited plants and seeds 304 Application of Customs and Excise Act 1996 Amendments to Misuse of Drugs Amendment Act 1978 305 Misuse of Drugs Amendment Act 1978 amended Amendment to Mutual Assistance in Criminal Matters Act 1992 215 215 215 216 216 306 Mutual Assistance in Criminal Matters Act 1992 amended 218 Amendments to Policing Act 2008 307 Policing Act 2008 amended Amendments to Summary Proceedings Act 1957 309 Summary Proceedings Act 1957 amended Amendment to Telecommunications Act 2001 310 Telecommunications Act 2001 amended Amendment to Telecommunications (Interception Capability) Act 2004 Telecommunications (Interception Capability) Act 2004 amended 311 Repeal of Telecommunications (Residual Provisions) Act 1987 312 Telecommunications (Residual Provisions) Act 1987 repealed Subpart 4—Regulation-making powers, transitional provisions, and review provision 313 Regulations Transitional provisions 314 315 Transitional provision in relation to reporting requirements Transitional provision in relation to sections 198 to 200 of Summary Proceedings Act 1957 316 Review of operation of Act Review provision 218 219 219 219 220 220 221 221 221 19 cl 1 Search and Surveillance Bill Schedule Powers in other enactments to which all or part of Part 4 of Search and Surveillance Act 2008 applies 223 The Parliament of New Zealand enacts as follows: Title This Act is the Search and Surveillance Act 2009.
Commencement This Act comes into force on a date appointed by the Gov- ernor-General by Order in Council, and 1 or more Orders in 5 Council may be made bringing different provisions into force on different dates.

To the extent that it is not previously brought into force under subsection (1), the rest of this Act comes into force on 1 April 2011 2012.
10 Part 1 General provisions Interpretation In this Act, unless the context otherwise requires,— arms means any firearm, airgun, pistol, restricted weapon, 15 imitation firearm, or explosive (as those terms are defined in section 2 of the Arms Act 1983), or any ammunition business context, in relation to the acquisition of any infor- mation by a person, means the acquisition of the information in the person’s capacity as— (a) a provider of professional services or professional ad- vice in relation to a person who is being investigated, or 1 or more of whose transactions are being investi- gated, in respect of an offence; or a director, manager, officer, trustee, or employee of an 25 entity that is being investigated, or 1 or more of whose transactions are being investigated, in respect of an of- fence (b) 20 1 2 (1) (2) 3 20 Search and Surveillance Bill Part 1 cl 3 5 chief executive— (a) means the chief executive (however described) of any department of State, Crown entity, local authority, or other body that employs or engages enforcement offi- cers as part of its functions; and includes the Commissioner (b) Commissioner means the Commissioner of Police constable has the same meaning as in section 4 of the Policing Act 2008 controlled drug has the same meaning as in section 2(1) of 10 the Misuse of Drugs Act 1975 Crown entity has the same meaning as in section 7(1) of the Crown Entities Act 2004 Customs officer has the meaning given to it in section 2(1) of the Customs and Excise Act 1996 District Court Judge means a Judge appointed under the Dis- trict Courts Act 1947 enforcement officer, except in Parts 4 and 5,— (a) means any of the following persons: 15 (b) (i) (ii) a constable: any person authorised by this Act or any relevant enactment an enactment specified in column 2 of the Schedule to exercise a power of entry, search, or seizure; but 20 does not include any person referred to in paragraph 25 (a)(ii) in relation to the exercise by that person of any power of entry, search, or seizure under any
 enactment that is not— (i) (ii) part of this Act; or a relevant enactmentan enactment specified in 30 column 2 of the Schedule equipment includes fingerprint powder and any chemical or other substance used for law enforcement purposes evidential material, in relation to a particular offence, means evidence or any other item, tangible or intangible, of relevance 35 to the investigation of the offence examination order means an examination order made under section 36 21 Part 1 cl 3 Search and Surveillance Bill informant has the same meaning as in section 6(1) of the Criminal Disclosure Act 2008 intercept, in relation to a private communication, includes hear, listen to, record, monitor, acquire, or receive the com- munication either— (a) (b) while it is in transit interception device— (a) means any electronic, mechanical, electromagnetic, op- while it is taking place; or 5 tical, or electro-optical instrument, apparatus, equip- 10 ment, or other device that is used or is capable of be- ing used to intercept or record a private communication (including a telecommunication); but does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than 15 normal hearing (b) issuing officer means— (a) (b) a Judge: a person, such as a Justice of the Peace, Community Magistrate, Registrar, or Deputy Registrar, who is for 20 the time being authorised to act as an issuing officer under section 106 Judge means a District Court Judge or a Judge of the High Court law enforcement agency means any department of State, 25 Crown entity, local authority, or other body that employs or engages enforcement officers as part of its functions local authority means a local authority within the meaning of section 5(1) of the Local Government Act 2002 medical practitioner means a health practitioner who is, or 30 is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practi- tioners Competence
 Assurance Act 2003 as a practitioner of the profession of medicine non-business context means a context other than a business 35 context non-private premises means premises, or part of a premises, to which members of the public are frequently permitted to 22 Search and Surveillance Bill Part 1 cl 3 have access, and includes any part of a hospital, bus station, railway station, airport, or shop nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence 5 Assurance Act 2003 as a practitioner of the profession of nurs- ing whose scope of practice permits the performance of gen- eral nursing functions Police article has the same meaning as in section 4 of the Policing Act 2008 Police bail has the same meaning as in Part 2 of the Bail Act 2000 Police employee has the same meaning as in section 4 of the Policing Act 2008 Police uniform has the same meaning as in section 4 of the 15 Policing Act 2008 precursor substance has the same meaning as in section 2(1) of the Misuse of Drugs Act 1975 private activity means activity that, in the circumstances, any 1 or more of the participants in it ought reasonably to expect 20 is observed, intercepted, or recorded by no one except the par- ticipants private communication— (a) means a communication (whether in oral or written 10 (b) form, or in the form of a telecommunication, or other- 25 wise) made under circumstances that may reasonably be taken to indicate that any party to the communi- cation desires it to be confined to the parties to the communication; but does not include a communication of that kind occur- 30 ring in circumstances in which any party to the commu- nication ought reasonably to expect that the communi- cation may be intercepted by some other person without having the express or implied consent of any party to do so 35 private premises means a private dwellinghouse, a marae, and any other
 premises that are not within the definition of non-private premises 23 Part 1 cl 3 Search and Surveillance Bill production order means a production order made under sec- tion 72 raw surveillance data— (a) means actual video recordings or actual audio record- (b) ings; and includes full transcripts, or substantial parts of tran- scripts, of audio recordings 5 relevant enactment,— (a) in relation to a provision in Part 4 of this Act,— (i) 10 means— (A) (B) an enactment that is not part of this Act but in respect of which all of Part 4 is expressly applied; or an enactment that is not part of this Act but in respect of which that particular provi- 15 sion in Part 4 or the subpart that the pro- vision forms part of is expressly applied; but (ii) does not include any section or subsection in an Act, or regulation or subclause in regulations, as 20 the case requires, unless all of Part 4 or the sub- part that the provision forms part of or the par- ticular provision in Part 4 is expressly applied in respect of that section or subsection or regula- tion or subclause, as the case requires; and 25 (b) (ii) in relation to any other provision in this Act,— (i) means an enactment that is not part of this Act but in respect of which Part 4 of this Act or any subpart or provision in Part 4 is expressly applied; but does not include any section or subsection in an Act or regulation or subclause in regulations, as the case requires, unless Part 4 or any subpart or any provision of Part 4 is expressly applied in respect of that section or subsection or regulation 35 or subclause, as the case requires road block means any form of barrier or obstruction prevent- ing or limiting the passage of vehicles 30 24 Search and Surveillance Bill Part 1 cl 3 uncovered; or covered only by underclothing rub-down search means a search described in sections 83(2), 84, and 85 strip search means a search where the person conducting the search may require the person being searched to remove, raise,
 lower, or open all or any of the clothing of the person being 5 searched strip search means a search where the person conducting the search may require the person being searched to undress, or to remove, raise, lower, or open any item or items of clothing so that the genitals, buttocks, or (in the case of a female) breasts 10 are— (a) (b) surveillance device means a device that is any 1 or more of the following kinds of devices: (a) (b) (c) thing seized does not include anything made or generated by a person exercising a search or surveillance power (for example, 20 photographs, drawings, or audio or video recordings made by or on behalf of that person, or a forensic copy of a computer hard drive) tracking device means a device that, when installed in or on a thing, may be used to help ascertain, by electronic or other 25 means, either or both of the following: (a) an interception device: a tracking device: a visual surveillance device the location of that thing or a person in possession of that thing: 15 (b) whether a thing has been opened, tampered with, or in some other way dealt with trespass surveillance means surveillance that involves tres- pass onto private property unique identifier, in relation to an enforcement officer, means an identifier, used to identify the officer, that is not his or her name and that— (a) is assigned to him or her by the law enforcement agency that employs or engages him or her for the purposes of its operations; and 30 35 25 Part 1 cl 3 Search and Surveillance Bill (b) uniquely identifies him or her in relation to the law en- forcement agency unlawfully at large, in relation to a person, means that he or she is any 1 or more of the following: (a) (b) (c) (d) (e) (f) (g) 10 a person for whose arrest a warrant is in force (unless 5 no other warrant is in force except a warrant or warrants issued under Part 3 of the Summary Proceedings Act 1957 or sections 19B to 19D of the Crimes Act 1961): unlawfully at large within the meaning of the
 Correc- tions Act 2004 or the Parole Act 2002: a prison breaker within the meaning of section 119 of the Crimes Act 1961: an escapee from lawful custody within the meaning of section 120 of the Crimes Act 1961: a special patient or restricted patient within the mean- 15 ing of the Mental Health (Compulsory Assessment and Treatment) Act 1992 who has escaped or failed to re- turn on the expiry or cancellation of a period of leave: a care recipient or special care recipient within the meaning of the Intellectual Disability (Compulsory 20 Care and Rehabilitation) Act 2003 who has escaped or failed to return on the expiry or cancellation of a period of leave: a young person within the meaning of the Children, Young Persons, and Their Families Act 1989 who is 25 subject to an order made under section 311(1) of that Act and who is absconding from the custody of the chief executive (as defined in that Act) vehicle means any conveyance that is capable of being moved under a person’s control, whether or not the conveyance is 30 used for the carriage of persons or goods, and includes a motor vehicle, aircraft, train, ship, or bicycle visual surveillance device— (a) means any electronic, mechanical, electromagnetic, op- tical, or electro-optical instrument, apparatus, equip- 35 ment, or other device that is used or is capable of being used to observe, or to observe and record, a private ac- tivity; but 26 Search and Surveillance Bill Part 2 cl 5 (b) does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision visual trespass surveillance means trespass surveillance in- volving the use of a visual surveillance device.
5 4 Act binds the Crown This Act binds the Crown.
4A Purpose The purpose of this Act is to facilitate the monitoring of com- pliance with the law and the investigation and prosecution 10 of offences in a manner that is consistent with human rights values by— (a) modernising the law of search, seizure, and surveillance to take into account advances in technologies and to regulate the use of those technologies; and providing rules that recognise the importance of the rights and entitlements affirmed in other enactments, in- cluding the New Zealand Bill of Rights Act 1990, the Privacy Act 1993, and the Evidence Act 2006; and ensuring investigative tools are effective and adequate 20 for law enforcement needs.
(b) (c) 15 Part 2 Police powers Subpart 1—Rules about internal searches and search warrant powers in relation to places, vehicles, and other things Internal searches generally prohibited 5 (1) A constable must not conduct an internal search of any part of the body of any person, except for, with the person’s consent, searching the person’s mouth.
(2) A constable must not require any other person to conduct an internal search of any part of the body of any person, except as provided in section 22 (which relates to internal searches in 25 30 27 Part 2 cl 6 Search and Surveillance Bill some circumstances of people under arrest for offences against the Misuse of Drugs Act 1975).

This section does not limit or affect sections 13A to 13M of the Misuse of Drugs Amendment Act 1978.
5 Issuing officer may issue search warrant An issuing officer may issue a search warrant, in relation to a place, vehicle, or other thing, on application by a constable if the issuing officer is satisfied that there are reasonable grounds— (a) to suspect that an offence specified in the application 10 and punishable by imprisonment has been committed, or is being committed, or will be committed; and to believe that the search will find evidential material in respect of the offence in the place, vehicle, or other thing specified in the application.
15 (b) Subpart 2—Warrantless powers to enter and search when effecting arrest Entry without warrant to arrest person unlawfully at large A constable may enter a place or vehicle without warrant to 20 search for and arrest a person if the constable has reasonable grounds— (a) (b) to suspect that a person is unlawfully at large; and to believe that the person is there.
25 Entry without warrant to avoid loss of offender or evidential material In the circumstances set out in subsection (2), a constable may— (a) (b) enter a place or vehicle without a warrant; and arrest a person that the constable suspects has commit- 30 ted the offence.
The circumstances are that grounds— the constable has reasonable (3) 6 7 8 (1) (2) 28 Search and Surveillance Bill Part 2 cl 10 (a) (b) (c) to suspect that the person has committed an offence that is punishable by imprisonment and for which he or she may be arrested without warrant; and to believe that the person is there; and to suspect that, if entry is not effected immediately, 5 either or both of the following may occur: (i) (ii) the person will leave there to avoid arrest: evidential material relating to the offence for which the person is to be arrested will be de- stroyed, concealed, altered, or damaged.
10 15 9 Stopping vehicle without warrant to effect arrest Stopping vehicle to find persons unlawfully at large or who have committed certain offences A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds— (a) to suspect that a person— (i) (ii) is unlawfully at large; or has committed an offence punishable by impris- onment; and (b) to believe that the person is in or on the vehicle.
20 10 Powers and duties of constable after vehicle stopped (1) A constable exercising the stopping power under section 9 may do any 1 or more of the following: (aa) require any person in or on the vehicle who the con- stable has reasonable grounds to suspect has committed 25 an offence punishable by imprisonment to supply all or any of his or her name, address, other contact details, and date of birth: search the vehicle to locate the person referred to in section 9, if the constable has reasonable grounds to 30 believe that the person is in or on the vehicle: search the vehicle to locate property that is evidential material in relation to any offence in respect of which the vehicle was stopped under section 9, if the person referred to in section 9— has been arrested; or (i) 35 (a) (b) 29 Part 2 cl 11 Search and Surveillance Bill (ii) is seen fleeing from the vehicle before he or she can be arrested.
(2) Before conducting a search under a power conferred by sub- section (1)(b), a constable must tell the driver the object of the proposed search, if the driver is not the person referred to 5 in section 9.
Subpart 3—Warrantless searches of people who are to be locked up in Police custody 11 Warrantless searches of people who are to be locked up (1) 10 in Police custody This section applies to any person who— (a) (b) has been taken into lawful custody; and is— (i) (ii) at a Police station; or in other premises, or about to be placed in a ve- 15 hicle, being used for Police purposes; and is to be locked up (whether pending a decision as to bail under section 21 of the Bail Act 2000, or in any other circumstances).
(c) (2) A constable, or a searcher used in accordance with section 20 12, may conduct a search of a person to whom this section applies.

(3) A constable or searcher may take from the person any money or other property found during the search.
Compare: 2008 No 72 s 37 25 Searchers 12 (1) A Police employee in charge of a person to whom section 11 applies may use a searcher to conduct a search of the person under section 11 if the use of that searcher is necessary to enable the search of the person in custody to be carried out— 30 by someone of the same sex as the person to be (a) searched; or (b) within a reasonable time of the person being taken into custody.
The Police employee in charge of a person who is taken into 35 lawful custody and is to be locked up must be satisfied that a (2) 30 Search and Surveillance Bill Part 2 cl 14 (3) searcher used under this section has received appropriate train- ing before that searcher conducts a search under section 11.

The searcher must carry out the search as if he or she were a Police employee.
Compare: 2008 No 72 s 38 5 (b) Property taken from people locked up in Police custody 13 (1) All money and every item of property taken from a person under section 11 must be returned to him or her when he or she is released from custody, except for the following: (a) any money or property that, in the opinion of a con- 10 stable, may need to be given in evidence in proceedings arising out of a charge brought against the person: any money or property whose possession may, in the opinion of a constable, constitute an offence.
(2) Despite subsection (1), when a person described in section 15 11(1) is released from Police custody and is placed in the cus- tody of another person, all money and every item of property taken from him or her under section 11 (other than money or property of a kind described in subsection (1)(a) or (b)) must, if practicable, be delivered— (a) 20 to the person into whose custody he or she is released; or to the person in charge of the facility, if he or she is being released from Police custody in order to be held in custody in the facility.
(b) (3) Subsection (1) is subject to an order made under— section 40 of the Policing Act 2008; or (a) (b) section 404 of the Crimes Act 1961.
Compare: 2008 No 72 s 39 Subpart 4—Warrantless powers of entry in urgent circumstances 14 Warrantless entry to prevent offence or respond to risk to life or safety (1) A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in 35 relation to a place or vehicle may— 31 25 30 Part 2 cl 15 Search and Surveillance Bill (a) (b) enter the place or vehicle without a warrant; and take any action that he or she has reasonable grounds to believe is necessary to prevent the offending from being committed or continuing, or to avert the emergency.
The circumstances are as follows: (a) an offence is being committed, or is about to be commit- ted, that would be likely to cause injury to any person, or serious damage to, or serious loss of, any property: there is risk to the life or safety of any person that re- quires an emergency response.
(b) Subpart 5—Warrantless powers for evidential material relating to serious offences Entry without warrant to find and avoid loss of evidential material relating to certain offences A constable may enter and search a place without a warrant if he or she has reasonable grounds— (a) (b) to believe that evidential material is in that place; and to suspect— (i) 5 10 15 that the evidential material relates to an offence, 20 punishable by imprisonment for a term of 14 years or more, that has been committed, or is be- ing committed, or is about to be committed; and that, if entry is delayed in order to obtain a search warrant, the evidential material will be 25 destroyed, concealed, altered, or damaged.
(ii) Searching people in public place without warrant for evidential material relating to certain offences A constable may search a person without a warrant in a public place if the constable has reasonable grounds to believe that 30 the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more.
(2) 15 16 32 Search and Surveillance Bill Part 2 cl 18 17 Warrantless entry and search of vehicle for evidential material relating to certain offences A constable may, without a warrant, enter and search a vehicle that is in a public place if he or she has reasonable grounds to believe that evidential material relating to an offence punish- 5 able by imprisonment for a term of 14 years or more is in the vehicle.
Subpart 6—Warrantless powers in relation to arms offences 18 Warrantless searches associated with arms (1) A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or all of the following: (a) (b) search the person: search any thing in the person’s possession or under his or her control (including a vehicle): enter a place or vehicle to carry out any activity under paragraph (a) or (b): seize and detain any arms found.
(c) 10 15 20 (d) The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, and— (a) (b) he or she is in breach of the Arms Act 1983; or he or she, by reason of his or her physical or mental 25 condition (however caused),— (i) is incapable of having proper control of the arms; or (2) (c) (ii) may kill or cause bodily injury to any person; or that, under the Domestic Violence Act 1995,— (i) a protection order is in force against the person; or there are grounds to make an application against him or her for a protection order.
(3) A constable may, without a warrant, enter a place or vehicle, 35 search it, seize any arms found there, and detain the arms if he (ii) 30 33 Part 2 cl 18A Search and Surveillance Bill or she has reasonable grounds to suspect that there are arms in the place or vehicle— (a) in respect of which an indictable offence or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed; or that may be evidential material in relation to an in- dictable offence or an offence against the Arms Act 1983.
(b) 5 Subpart 7—Police powers in relation to Misuse of Drugs Act 1975 offences 18A Search of persons in relation to Misuse of Drugs Act 1975 10 offence search warrants A constable may search any person found in or on a place or vehicle, in relation to which a search warrant is issued under section 6, if the offence that was specified in the applica- 15 tion for the search warrant is an offence against the Misuse of Drugs Act 1975.
19 Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences A constable may enter and search a place or vehicle without a 20 warrant if he or she has reasonable grounds— (a) to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is— (i) (ii) (iii) (iv) 25 a controlled drug specified or described in Sched- ule 1 of the Misuse of Drugs Act 1975; or a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; 30 or a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and (b) to suspect that in or on the place or vehicle an offence 35 against the Misuse of Drugs Act 1975 has been commit- 34 Search and Surveillance Bill Part 2 cl 21 (c) ted, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance; and to believe that, if the entry and search is not carried out immediately, evidential material relating to the sus- 5 pected offence will be destroyed, concealed, altered, or damaged.
20 Warrantless searches of people found in or on places or vehicles A constable conducting a search of a place or vehicle under 10 section 19 may, without a warrant, search any person found in or on the place or vehicle.
21 Warrantless power to search and detain person, and seize controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975 15 (1) A constable may, in the circumstances set out in subsection (2), do any or all either or both of the following without a warrant: (a) (b) search a person: take possession of seize any controlled drug or precur- 20 sor substance found during the search.
(2) The circumstances are that grounds— (a) to believe that the person is in possession of— (i) the constable has reasonable (ii) (iii) (iv) a controlled drug specified or described in Sched- 25 ule 1 of the Misuse of Drugs Act 1975; or a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or a controlled drug specified or described in Part 1 30 of Schedule 3 of the Misuse of Drugs Act 1975; or a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and 35 (b) to suspect that an offence against the Misuse of Drugs Act 1975 has been committed, is being committed, or 35 Part 2 cl 22 Search and Surveillance Bill (3) 22 (1) (2) is about to be committed, in respect of that controlled drug or precursor substance.
This section does not— (a) (b) limit section 19 or 20; or authorise a constable to enter or search a place or vehicle 5 except in accordance with those sections.
Internal search of person under arrest for offence against section 6 or 7 or 11 of Misuse of Drugs Act 1975 In the circumstances set out in subsection (2), a constable may require a person to permit a medical practitioner, nomin- 10 ated for the purpose by the constable, to conduct an internal examination of any part of the person’s body by means of— an X-ray machine or other similar device; or (a) a manual or visual examination (whether or not facili- (b) tated by any instrument or device) through any body 15 orifice.
The circumstances are that— (a) (b) the person is under arrest for an offence against section 6 or 7 or 11 of the Misuse of Drugs Act 1975; and the constable has reasonable grounds to believe that the 20 person has secreted within his or her body any prop- erty— (i) that may be evidence of the offence with which the person is charged; or the possession of which by the person constitutes 25 any other offence against section 6 or 7 or 11 of the Misuse of Drugs Act 1975.
(3) A medical practitioner must not conduct an internal examin- (ii) ation if he or she— (a) considers that to do so may be prejudicial to the person’s 30 health; or is satisfied that the person is not prepared to permit an internal examination to be conducted.

(b) (4) This section does not limit or affect sections 13A to 13M of the Misuse of Drugs Amendment Act 1978.
35 36 Search and Surveillance Bill Part 2 cl 24 23 (1) (2) Effect of not permitting internal search under section 22 on bail application In the circumstances set out in subsection (2), a court may decline to consider a bail application by a person, and may order that the person continue to be detained in Police custody, 5 until the earlier of the following occurs: (a) the expiry of 2 days after the day on which the person was required under section 22(1) to permit an internal examination by a medical practitioner: the person permits the examination to be conducted.
(b) The circumstances are that— (a) the person fails to permit an internal examination to be conducted under section 22; and the court is satisfied that the requirement under section 22(1) was properly made on reasonable grounds.

(b) (3) Nothing in subsection (1) limits a court’s discretion to refuse (4) bail.

This section overrides any contrary provisions about bail in any of the following: (a) (b) (c) the Bail Act 2000: the Misuse of Drugs Act 1975: the Summary Proceedings Act 1957.
Subpart 8—Warrantless powers in relation to offences against section 202A of Crimes Act 1961 24 Meaning of disabling substance and offensive weapon in 10 15 20 25 this subpart In this subpart,— disabling substance means any anaesthetising or other sub- stance produced to use for disabling a person, or intended for 30 such use by the person who has it with him or her offensive weapon means any article made or altered to use for causing bodily injury, or intended for such use by the person who has it with him or her.
37 Part 2 cl 25 Search and Surveillance Bill 25 Searching people in public places without search warrant if offence against section 202A of Crimes Act 1961 suspected A constable who has reasonable grounds to suspect that a per- son is committing an offence against section 202A(4)(a) of the 5 Crimes Act 1961 (which relates to possession of knives, offen- sive weapons, and disabling substances) may, without a war- rant,— (a) stop the person and— (i) (ii) search him or her; and search any thing that he or she has with him or her that the constable has reasonable grounds to believe contains a knife, offensive weapon, or disabling substance; and 10 (b) take possession of seize any knife, offensive weapon, or 15 disabling substance found.
26 Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected (1) A constable who has reasonable grounds to suspect that the circumstances in subsection (2) exist in relation to a vehicle 20 may— (a) (b) stop and search the vehicle; and detain it for as long as is reasonably necessary to con- duct the search; and take possession of seize any knife, offensive weapon, or 25 disabling substance found.
(c) The circumstances are that— (a) a person travelling in the vehicle or who has alighted is committing an offence against section from it 202A(4)(a) of the Crimes Act 1961 (which relates to 30 possession of knives, offensive weapons, and disabling substances); and the vehicle contains a knife, offensive weapon, or dis- abling substance.
(b) (2) 38 27 28 (1) (2) Search and Surveillance Bill Part 2 cl 28 Subpart 9—Warrantless search of vehicle for stolen property Power to search vehicles without warrant for stolen property A constable who has reasonable grounds to believe that any 5 stolen property is in or on any vehicle may search it without a warrant.
Subpart 10—Other powers related to search of vehicles Warrantless powers relating to road blocks Warrantless powers relating to road blocks and road closures 10 Obtaining authorisation for warrantless road block This section applies to a senior constable in the circumstances set out in subsection (2) who is satisfied that, as far as is rea- 15 sonably practicable, the safety of all road users will be ensured in the area in which it is proposed that a road block be estab- lished.
The circumstances are that the senior constable has reasonable grounds— (a) 20 to believe that in or on a vehicle there is a person who the constable has reasonable grounds to suspect— (i) has committed an offence punishable by a term of imprisonment; or is unlawfully at large; and (b) (ii) to suspect that the vehicle will travel past the place where it is proposed that the road block be established.
(3) A senior constable to whom this section applies may authorise the establishment of a road block for the purpose of arresting the person.

25 30 (1) A senior constable may authorise the establishment of a road block for the purpose of arresting a person in the circumstances set out in subsection (2).
The circumstances are that the senior constable— (2) 39 Part 2 cl 29 Search and Surveillance Bill (a) has reasonable grounds to believe that in or on a ve- hicle there is a person who the constable has reasonable grounds to suspect— (i) has committed an offence punishable by a term of imprisonment; or is unlawfully at large; and 5 (b) (ii) has reasonable grounds to suspect that the vehicle will travel past the place where it is proposed that the road block be established; and is satisfied that, as far as is reasonably practicable, the 10 safety of all road users will be ensured in the area in which it is proposed that the road block be established.
(4) An authorisation may be granted under this section orally or (c) (5) (6) in writing.

For the purposes of this section, a person is not unlawfully at 15 large if the only warrant for his or her arrest that is in force is a warrant issued under Part 3 of the Summary Proceedings Act 1957.

In this section, senior constable means a constable who holds a level of position of sergeant or higher, and includes any con- 20 stable who is acting in any such rank.
29 Duration and record of warrantless road block authorisation (1) An authorisation under section 28— (a) is valid for an initial period not exceeding 24 hours spe- 25 cified by the person giving the authorisation; and (b) may be renewed from time to time by a District Court Judge for a single further period not exceeding 24 hours specified in writing by the Judge.
The person giving the authorisation must keep or cause to be 30 kept a written record of the following matters: (a) (b) the location of the road block that was authorised: the period or periods for which the authorisation was granted or renewed: the grounds on which the authorisation was granted or 35 renewed.
(c) (2) 40 Search and Surveillance Bill Part 2 cl 31 30 Authorised road blocks implemented without warrant Any constable may do any or all of the following when a road block is authorised under section 28: (a) (b) (c) (d) (e) 5 establish a road block at the place specified in the au- thorisation: stop vehicles at or in the vicinity of the road block: require any person in or on any vehicle stopped by the road block who the constable has reasonable grounds to suspect has committed an offence punishable by impris- onment to state any or all of his or her name, address, 10 and date of birth: search the vehicle for the purpose of locating a person referred to in section 28(2)(a)(i) or (ii), if the con- stable or any other constable has reasonable grounds to believe that the person is in or on the vehicle: require that the vehicle remain stopped for as long as is reasonably necessary to enable a constable to exer- cise any powers conferred by this section, regardless of whether the powers are exercised in respect of— (i) (ii) the vehicle; or the occupants of the vehicle.
20 15 Subpart 11—Examination orders Examination orders in business contexts 31 (1) Commissioner Inspector or more senior officer may apply for examination order in business context The Commissioner may apply to a Judge for an examination order against a person in a business context if the Commis- sioner is satisfied that the conditions specified in section 32 are met in respect of the person.
25 (1) A constable who is of or above the level of position of in- 30 spector may apply to a Judge for an examination order against a person in a business context if— (a) the constable is satisfied that the conditions specified in section 32 are met in respect of the person; and the making of the application is approved by— (i) (ii) a Deputy Commissioner; or an Assistant Commissioner; or 35 (b) 41 Part 2 cl 32 Search and Surveillance Bill (iii) the District Commander (other than an acting District Commander) of the Police district in which the constable is stationed.
(2) An application made under this section must be made in writ- 5 ing, and must set out the following particulars: (a) (b) the name of the applicant: a description of the offence that it is suspected has been committed, is being committed, or will be committed: the facts relied on to show reasonable grounds to sus- pect that an offence has been committed, or is being 10 committed, or will be committed: a description of the information sought to be obtained by the examination order: the facts relied on to show reasonable grounds to believe that the person against whom the order is sought has the 15 information: the facts that indicate that the person against whom the order is sought acquired the information in respect of which the order is sought in a business context: the facts that indicate that the person against whom the 20 order is sought has been given a reasonable opportunity by a constable to provide the information but has not done so.
(c) (d) (e) (f) (g) Conditions for making examination order in business context The conditions for making an examination order in a business context against a person are that— (a) 25 there are reasonable grounds to suspect that an offence punishable by imprisonment for a term of 5 years or more has been committed, or is being committed, or will 30 be committed; and there are reasonable grounds to believe that the person sought to be examined has information that constitutes evidential material in respect of the offence; and there are reasonable grounds to believe that the person 35 sought to be examined acquired the information in re- spect of which the order is sought in a business context; and (b) (c) 32 42 Search and Surveillance Bill Part 2 cl 33 (d) the person has been given a reasonable opportunity by a constable to provide that information and has not done so.
Examination orders in contexts other than those of business 5 33 (1) Commissioner Inspector or more senior officer may apply for examination order in non-business context The Commissioner may apply to a Judge for an examination order against a person in a non-business context if the Com- missioner is satisfied that the conditions specified in section 10 34 are met in respect of the person.
(1) A constable who is of or above the level of position of in- spector may apply to a Judge for an examination order against a person in a non-business context if— (a) the constable is satisfied that the conditions specified in 15 section 34 are met in respect of the person; and the making of the application is approved by— (i) (ii) (iii) a Deputy Commissioner; or an Assistant Commissioner; or the District Commander (other than an acting 20 District Commander) of the Police district in which the constable is stationed.
(b) (2) An application made under this section must be made in writ- ing, and must set out the following particulars: (a) (b) the name of the applicant: a description of the offence that it is suspected has been committed, is being committed, or will be committed: the facts relied on to show reasonable grounds to sus- pect that an offence has been committed, or is being committed, or will be committed: a description of the information sought to be obtained by the examination order: the facts relied on to show reasonable grounds to believe that the person against whom the order is sought has the information: the facts that indicate that the person against whom the order is sought acquired the information in respect of which the order is sought in a non-business context: (c) (d) (e) (f) 25 30 35 43 Part 2 cl 34 Search and Surveillance Bill (g) the facts that indicate that the person against whom the order is sought has been given a reasonable opportunity by a constable to provide the information but has not done so.
Conditions for making examination order in non-business 5 context The conditions for making an examination order in a non-busi- ness context against a person are that— (a) there are reasonable grounds to suspect that an offence punishable by imprisonment has been committed, or 10 is being committed, or will be committed, and the of- fence— (i) (ii) is serious or complex fraud; or has been committed, or is being committed, or will be committed wholly or partly because of 15 participation in a continuing association of 3 or more persons having as its object, or as 1 of its objects, a continuing course of criminal conduct; and involves serious or complex fraud that is punish- 20 able by imprisonment for a term of 7 years or more; or has been committed, or is being committed, or will be committed wholly or partly by an organ- ised criminal group as defined in section 98A(2) 25 of the Crimes Act 1961; and (i) (ii) (b) (c) (d) there are reasonable grounds to believe that the person sought to be examined has information that constitutes evidential material in respect of the offence; and there are reasonable grounds to believe that the person 30 sought to be examined acquired the information in re- spect of which the order is sought in a non-business con- text; and the person has been given a reasonable opportunity by a constable to provide that information and has not done 35 so.
34 44 35 (1) (2) 36 Search and Surveillance Bill Part 2 cl 36 Other provisions that apply to examination order applications Other provisions that apply to examination order applications The provisions in subsection (2) apply to any application for 5 an examination order as if— (a) any reference in those provisions to a search warrant were a reference to an examination order; and any reference in those provisions to an issuing officer were a reference to a Judge; and any reference in those provisions to a District Court were a reference to a District Court or a High Court, as the case may be.
(b) (c) 10 The provisions are— (a) section 96(2) (relating to requirements for further in- 15 formation); and section 97 (relating to verification of application); and section 98(1), (2), and (4) (relating to mode of appli- cation); and section 99 (relating to retention of documents).
20 (b) (c) (d) Making examination orders and contents of examination orders Judge may make examination order A Judge may, on an application made under section 31 or 33, make an examination order against a person if the Judge 25 is satisfied that— (a) the conditions specified in section 32 or 34, as the case may be, are met in respect of the person; and it is reasonable to subject the person to compulsory examination, having regard to the nature and serious- 30 ness of the suspected offending, the nature of the infor- mation sought, the relationship between the person to be examined and the suspect, and any alternative ways of obtaining the information.
(b) 45 Part 2 cl 37 Search and Surveillance Bill Form and content of examination order 37 (1) An examination order made under section 36 must be in the prescribed form and must require the person against whom it is made— (a) to attend before the Commissioner or a delegate of the 5 Commissioner; and to answer any questions that are relevant to the infor- mation in respect of which the order was made.
(b) The examination order must set out the following: (a) 15 the name of the person required to comply with the 10 order: the grounds on which the order is made: the nature of the questions that the person is to be asked, being questions that are relevant to the information in respect of which the order was made: if the examination is to be conducted by a delegate of the Commissioner, the name of the delegate: a condition that, in accordance with section 40A, an examination order report must be provided within 1 month after the completion of the examination con- 20 ducted under the order to the Judge who made the order or, if that Judge is unable to act, to a Judge of the same court as the Judge who made the order: any requirement that the Judge making the order con- siders reasonable for inclusion of specified information 25 in the examination order report provided under section 40A: where the examination is to take place: when the examination is to take place or how a time for the examination is to be fixed.
30 (b) (c) (d) (da) (db) (e) (f) Other provisions relating to examination orders Presence of lawyer A person against whom an examination order is made must, before being required to appear before the Commissioner or the Commissioner’s delegate, be given a reasonable opportun- 35 ity to arrange for a lawyer to accompany him or her.
(2) 38 46 39 40 Search and Surveillance Bill Part 2 cl 40A Duration of examination order An examination order is in force for the period specified in the order (not exceeding 30 days after the date on which the order is made).
Other provisions that apply to examination orders Section 103 (relating to the transmission of search warrants) and section 105 (relating to when a search warrant is invalid) apply to examination orders as if— (a) any reference in those provisions to a warrant or search warrant were a reference to an examination order; and any reference in those provisions to an issuing officer were a reference to the Judge issuing an examination order.
(b) Examination order reports 40A Examination order reports (1) 5 10 15 The Commissioner or the delegate of the Commissioner, as the case may be, who conducts an examination authorised by an examination order must provide an examination order report within 1 month after the completion of the examination con- ducted under the order, as specified in the order, to the Judge 20 who made the order, or, if that Judge is unable to act, to a Judge of the same court as the Judge who made the order.
The examination order report must contain the following in- formation: (a) whether the examination resulted in obtaining eviden- 25 tial material: (b) whether any criminal proceedings have been brought or are under consideration as a result of evidential material obtained by means of the examination: any other information stated in the order as being re- 30 quired for inclusion in the examination order report.
(c) 47 (2) Part 2 cl 41 Search and Surveillance Bill Subpart 12—Other matters 41 Common law defence of necessity for people other than constables not affected by this Part Nothing in this Part affects the common law defence of neces- sity as it applies to persons who are not constables.
5 Part 3 Enforcement officers’ powers and orders Subpart 1—Surveillance device warrants and residual warrants declaratory orders 42AA Restrictions on some trespass surveillance and use of 10 interception device (1) Nothing in this subpart authorises any enforcement officer to undertake trespass surveillance (other than by means of a tracking device) except in order to obtain evidential material in relation to an offence— (a) that is punishable by a term of imprisonment of 7 years or more; or against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983.
(b) 15 (2) Nothing in this subpart authorises any enforcement officer to 20 use an interception device except in order to obtain evidential material in relation to an offence— (a) that is punishable by a term of imprisonment of 7 years or more; or against section 44, 45, 50, 51, 54, or 55 of the Arms Act 25 1983.
(b) Surveillance device warrants Activities for which surveillance device warrant required Except as provided in sections 43 and 44, an enforcement officer who wishes to undertake any 1 or more of the following 30 activities must obtain a surveillance device warrant: (a) use of an interception device to intercept a private com- munication: use of a tracking device: (b) 42 48 Search and Surveillance Bill Part 3 cl 43 (c) (ca) (d) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device: use of a surveillance device that involves trespass onto private property: observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the ob- servation, for the purposes of a single investigation, or 10 a connected series of investigations, exceeds— 3 hours in any 24-hour period; or (i) 8 hours in total.
(ii) 5 43 Some activities that do not require warrant under this subpart 15 (1) No warrant under this subpart is required by an enforcement officer in any 1 or more of the following circumstances: (a) (b) (c) (d) (e) (e) entering private premises; and recording what he or she observes or hears there: 20 the enforcement officer lawfully— (i) (ii) covert audio recording of a voluntary oral communica- tion between 2 or more persons made with the consent of at least 1 of them: activities that are carried out— (i) in a place or vehicle that the enforcement officer 25 enters lawfully; and by means of the enforcement officer’s unaided sense of smell: (ii) activities carried out by the enforcement officer’s use of his or her unaided visual observation or unaided sense 30 of hearing: activities carried out under the authority of an intercep- tion warrant issued under section 4A(1) or (2) of the New Zealand Security Intelligence Service Act 1969: activities carried out under the authority of an intercep- 35 tion warrant issued under— (i) section 4A(1) or (2) of the New Zealand Security Intelligence Service Act 1969; or 49 Part 3 cl 44 Search and Surveillance Bill (f) (ii) section 17 of the Government Communications Security Bureau Act 2003: activities carried out by the enforcement officer’s use of a surveillance device, if that use is authorised under any enactment other than this Act.
5 (2) (1A) Subsection (1)(b) does not prevent an enforcement officer from applying for a warrant authorising covert audio recording in the circumstances set out in that subsection.
In this section,— unaided sense of hearing means unaided except by a hearing 10 aid or similar device used to correct subnormal hearing of the user to no better than normal hearing unaided visual observation means unaided except for the use of spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.

This section is subject to section 42AA.
(3) 15 44 Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency (1) An enforcement officer who is in any 1 or more of the situ- 20 ations set out in subsection (2) may use a surveillance de- vice for a period not exceeding 72 48 hours from the time the surveillance device is first used without obtaining a surveil- lance device warrant, if— (a) he or she is entitled to apply for a surveillance device 25 warrant in relation to those situations; but obtaining a surveillance device warrant within the time in which it is proposed to undertake the surveillance is impracticable in the circumstances.
(b) The situations are as follows: (a) the enforcement officer has reasonable grounds— (i) to suspect that an offence punishable by a term of imprisonment of 14 years or more has been, is being, or is about to be committed; and to believe that use of the surveillance device 35 would obtain evidential material in relation to the offence: (ii) 30 (2) 50 (b) (c) (d) (e) (f) Search and Surveillance Bill Part 3 cl 44 (ii) the enforcement officer has reasonable grounds— (i) to suspect that any 1 or more of the circumstances set out in section 14(2) exist; and to believe that use of the surveillance device is necessary to prevent the offending from being 5 committed or continuing, or to avert the emer- gency: the enforcement officer has reasonable grounds— (i) to suspect that any 1 or more of the circumstances set out in section 18(2) exist; and to believe that use of the surveillance device is necessary to facilitate the seizure of the arms: (ii) 10 the enforcement officer has reasonable grounds— (i) to suspect that an indictable offence in relation to arms or an offence against the Arms Act 1983 15 has been committed, or is being committed, or is about to be committed; and to believe that use of the surveillance device would obtain evidential material in relation to the offence: 20 (ii) the enforcement officer has reasonable grounds— (i) to suspect that an offence has been committed, or is being committed, or is about to be committed in relation to a controlled drug specified or de- scribed in Schedule 1, Part 1 of Schedule 2, or 25 Part 1 of Schedule 3 of the Misuse of Drugs Act 1975, or to a precursor substance specified or de- scribed in Part 3 of Schedule 4 of that Act; and to believe that use of the surveillance device would obtain evidential material in relation to 30 the offence: (ii) the enforcement officer has reasonable grounds— (i) to suspect that a person is in possession of any 1 or more of the things described in section 79(2)(a) to (d); and to believe that use of the surveillance device is necessary to facilitate the thing’s seizure.
(ii) 35 (3) This section is subject to section 42AA.
51 Part 3 cl 45 Search and Surveillance Bill Application for surveillance device warrant 5 (c) (d) Application for surveillance device warrant 45 (1) An application for a surveillance device warrant may be made only by an enforcement officer, and must contain, in reason- able detail, the following particulars: the name of the applicant: (a) the provision authorising the making of an application (b) for a search warrant in respect of the suspected offence: the grounds on which the application is made: the suspected offence in relation to which the surveil- 10 lance device warrant is sought: the type of surveillance device to be used: the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed surveillance: a description of the evidential material believed to be able to be obtained by use of the surveillance device: the period for which the warrant is sought.
(e) (f) (g) 15 (h) If the enforcement officer cannot provide all the information required under subsection (1)(f) and (g), the application 20 must instead state the circumstances in which the surveillance is proposed to be undertaken in enough detail to identify the parameters of, and objectives to be achieved by, the proposed use of the surveillance device.
The applicant must disclose in the application— (a) the details of any other applications for a search war- rant, or a surveillance device warrant, or a residual war- rant that the applicant knows to have been made within the previous 3 months in respect of the person, place, vehicle, or other thing proposed as the object of the 30 surveillance; and (b) the result of that application or those applications.
The applicant must, before making an application for a surveil- lance device warrant, make reasonable inquiries within the agency in which the applicant is employed or engaged for the 35 purpose of complying with subsection (3).
25 (2) (3) (4) 52 Search and Surveillance Bill Part 3 cl 45A (5) Despite subsection (1), an application for a surveillance de- vice warrant seeking authority to use visual trespass surveil- lance or an interception device may only be made by— (a) (b) a constable; or an enforcement officer employed or engaged by a law 5 enforcement agency that has been approved by an Order in Council made under section 45A.

15 10 (2) (1) to carry out visual trespass surveillance: to use interception devices.
45A Approval of law enforcement agencies other than Police to carry out visual trespass surveillance and use interception devices The Governor-General may, by Order in Council made on the recommendation of the Minister of Justice, approve a specified law enforcement agency other than the Police to do either or both of the following: (a) (b) The Minister of Justice may recommend the making of an Order in Council under subsection (1)(a), following con- sultation with the Minister of Police, if he or she is satisfied that it is appropriate for the agency to carry out visual trespass 20 surveillance, and that the agency has the technical capability, and the policies and procedures in place, so that the surveil- lance can be carried out in a manner that ensures the safety of the people involved in the surveillance.
The Minister of Justice may recommend the making of an 25 Order in Council under subsection (1)(b), following consult- ation with the Minister of Police, if he or she is satisfied that it is appropriate for the agency to use interception devices, and that the agency has— (a) (3) the technical capability to intercept private communi- 30 cations in a manner that ensures the reliability of any information obtained through the use of an interception device; and policies and procedures in place to ensure that the in- tegrity of any information obtained through the use of 35 an interception device is preserved; and the expertise— (b) (c) 53 Part 3 cl 46 Search and Surveillance Bill (i) (ii) to extract evidential material from information obtained through the use of an interception de- vice in a form that can be used in a criminal pro- ceeding; and to ensure that any evidential material obtained 5 through the use of an interception device is pre- sented to the court in an appropriate manner, when the agency intends to proceed with a pros- ecution.
In this section, specified law enforcement agency 10 means— (a) (b) the New Zealand Customs Service; or the Department of Internal Affairs.
Conditions for issuing surveillance device warrant The conditions for issuing a surveillance device warrant are 15 that there are reasonable grounds— (a) to suspect that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any relevant enactment authorises an enforcement officer to apply for a search warrant; and to believe that the proposed use of the surveillance de- vice will obtain information that is evidential material in respect of the offence.
(b) 20 Conditions for issuing surveillance device warrant The conditions for issuing a surveillance device warrant are 25 that— (a) there are reasonable grounds— (i) to suspect that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any enactment spe- 30 cified in column 2 of the Schedule authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evi- dence about the suspected offence; and to believe that the proposed use of the surveil- 35 lance device will obtain information that is evi- dential material in respect of the offence; and (ii) (4) 46 46 54 Search and Surveillance Bill Part 3 cl 49 (b) the restrictions in section 42AA do not prevent the is- suing of a surveillance device warrant in the circum- stances.
5 Other provisions that apply to surveillance device warrant applications The provisions in subsection (2) apply to any application for a surveillance device warrant as if— (a) any reference in those provisions to a search warrant were a reference to a surveillance device warrant; and any reference in those provisions to an issuing officer 10 were a reference to a Judge; and any reference in those provisions to a District Court were a reference to a District Court or a High Court, as the case may be.
(b) (c) The provisions are— (a) section 96(2) (relating to requirements for further in- formation); and section 97 (relating to verification of application); and section 98 (relating to mode of application); and section 99 (relating to retention of documents).
(b) (c) (d) 15 20 47 (1) (2) Issuing of surveillance device warrant 48 Who may issue surveillance device warrant A surveillance device warrant may be issued by a Judge, on application under section 45, if he or she is satisfied that the conditions set out in section 46 are met.
25 49 Restrictions on issue of surveillance device warrant A Judge must not issue a surveillance device warrant that would permit is primarily intended to facilitate surveillance or recording of activity between a lawyer and his or her client that is communication of a kind to which legal professional 30 privilege normally applies unless the Judge is satisfied that the information provided by the applicant indicates there is a prima facie case that the communication is to be made or received— (a) for a dishonest purpose; or 35 55 Part 3 cl 50 Search and Surveillance Bill (b) for the purpose of planning to commit or committing an offence.
50 (1) 5 (c) (d) Form and content of surveillance device warrant Every surveillance device warrant must— be in the prescribed form; and (a) be directed to every enforcement officer who has au- (b) thority to carry out the activities authorised by the surveillance device warrant; and specify a period, of no more than 60 days after the date on which the warrant is issued, for which it is in force; 10 and contain a condition that, in accordance with section 53, a surveillance device warrant report must be pro- vided to a Judge of the same court as the Judge who issues the warrant within 1 month after the expiry of 15 the period for which it is in force; and contain a condition that, in accordance with section 53, a surveillance device warrant report must be pro- vided within 1 month after the expiry of the period for which the warrant is in force to the Judge who issues 20 the warrant or, if that Judge is unable to act, to a Judge of the same court as the Judge who issues the warrant; and contain a condition that the enforcement officer carrying out the activities authorised by the warrant must not use 25 any communication obtained under the authority of the warrant unless the privilege is waived or its use is au- thorised by a Judge, if he or she has reasonable grounds to believe that the communication may be subject to a privilege specified in section 130.
(d) (e) 30 (2) A surveillance device warrant may be subject to any other con- ditions specified in the warrant that the Judge issuing it consid- ers reasonable, including a requirement for inclusion of speci- fied information in the surveillance device warrant report pro- vided under section 53.
Every surveillance device warrant must also contain, in rea- sonable detail, the following particulars: (3) 35 56 (a) (b) (c) (d) (e) (f) (fa) (g) Search and Surveillance Bill Part 3 cl 50 the name of the Judge issuing the warrant and the date of issue: the provision authorising the making of an application for a search warrant in respect of the suspected offence: the type of surveillance device the use of which the war- 5 rant authorises: the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed surveillance: the evidential material relating to the suspected offence 10 that may be obtained by use of the surveillance device: that an enforcement officer carrying out the activities authorised by the warrant may use any assistance that is reasonable in the circumstances: that an enforcement officer who, while carrying out the 15 activities authorised by the warrant, obtains the content of a telecommunication may direct the relevant network operator to provide call associated data (as defined in section 3(1) of the Telecommunications (Interception Capability) Act 2004) that is— (i) a document within the meaning of section 68; and related to that telecommunication: (ii) that, subject to section 42AA, an enforcement officer carrying out the activities authorised by the warrant may 25 do any or all of the following, using any force that is reasonable in the circumstances to do so, in order to install, maintain, or remove the surveillance device, or to access and use electricity to power the surveillance device: (i) enter any premises, area, or vehicle specified in the warrant: break open or interfere with any vehicle or other thing: temporarily remove any vehicle or other thing 35 from any place where it is found and return it to that place.
(ii) (iii) 30 20 (4) Despite subsection (3)(d) and (e), if the Judge has not been provided in the application, or otherwise, with the information 57 Part 3 cl 51 Search and Surveillance Bill specified in those provisions because the applicant is unable to provide it, the warrant must instead state the details (as pro- vided under section 47(2) or otherwise) of the circumstances in which the surveillance is to be undertaken in enough detail to identify the parameters of, and objectives to be achieved by, 5 the use of the surveillance device.
(5) Despite subsection (1)(c), a Judge may issue a further surveillance device warrant in respect of the same suspected offence in regard to which the Judge, or another Judge, has previously issued a surveillance device warrant.
Carrying out authorised surveillance activities and evidential material relevant to other offences 51 Carrying out authorised surveillance activities and evidential material relevant to other offences (1) A surveillance device warrant allows the following persons to 10 15 carry out the activities authorised by it: (a) (b) any or all of the persons to whom it is directed: any assistant— (i) who is called upon by a person specified in para- 20 graph (a) to help him or her to carry out the ac- tivities; and (ii) who, at all times that he or she is carrying out ac- tivities authorised by the warrant, remains under the supervision of a person specified in para- 25 graph (a).
Subsection (3) applies if, in the course of carrying out ac- tivities authorised by a surveillance device warrant or while lawfully using a surveillance device in relation to an offence, a person obtains any evidential material in relation to an of- 30 fence— (a) that is not the offence in respect of which the warrant was issued or in respect of which the surveillance device was lawfully put into use, as the case requires; but in respect of which a surveillance device warrant could 35 have been issued or a surveillance device could have been lawfully used.
(b) (2) 58 Search and Surveillance Bill Part 3 cl 52 (3) The evidential material referred to in subsection (2) is not inadmissible in criminal proceedings by reason only that the surveillance device warrant that authorised the activity that ob- tained the material was issued in respect of a different offence or, as the case requires, that the material was obtained from the 5 use of a surveillance device that was put into use in respect of a different offence.
51A Admissibility of evidential material relevant to other (1) (2) 52 offences Subsection (2) applies if, in the course of carrying out ac- 10 tivities authorised by a surveillance device warrant or while lawfully using a surveillance device in relation to an offence, a person obtains any evidential material in relation to an of- fence— (a) that is not the offence in respect of which the warrant 15 was issued or in respect of which the surveillance device was lawfully put into use, as the case requires; but in respect of which a surveillance device warrant could have been issued or a surveillance device could have been lawfully used.
(b) 20 The evidential material referred to in subsection (1) is not inadmissible in criminal proceedings by reason only that the surveillance device warrant that authorised the activity that ob- tained the material was issued in respect of a different offence or, as the case requires, that the material was obtained from the 25 use of a surveillance device that was put into use in respect of a different offence.
Other provisions applying to surveillance device warrants Other provisions that apply to surveillance device warrants Section 103 (relating to the transmission of search warrants) and section 105 (relating to when a search warrant is invalid) apply to surveillance device warrants as if— (a) any reference in those provisions to a warrant or search 35 warrant were a reference to a surveillance device war- rant; and 30 59 Part 3 cl 53 Search and Surveillance Bill (b) any reference in those provisions to an issuing officer were a reference to the Judge issuing a surveillance de- vice warrant.
Surveillance device warrant reports 5 Surveillance device warrant report 53 (1) A person who carries out the activities authorised by a surveil- lance device warrant must provide a surveillance device war- rant report within 1 month after the expiry of the period for which the warrant is in force, as specified in the warrant, to the Judge who issued the warrant or, if that Judge is unable to 10 act, to a Judge of the same court as the Judge who issued the warrant.
The surveillance device warrant report must contain the fol- lowing information: (a) whether carrying out the activities authorised by the 15 surveillance device warrant resulted in obtaining evi- dential material: (2) (ab) whether or not the evidential material obtained as a re- sult of carrying out the activities authorised by the war- rant was evidential material specified in the warrant in 20 accordance with section 50(3)(e): the circumstances in which the surveillance device was used: (b) (ba) whether any criminal proceedings have been brought or (c) are under consideration as a result of evidential material 25 obtained under the warrant: any other information stated in the warrant as being re- quired for inclusion in the surveillance device warrant report.
54 Report on use of surveillance device in situation of urgency or emergency 30 (1) An enforcement officer who uses a surveillance device under the authority of section 44 must provide a report to a Judge within 1 month after the date of the last day of any period of 72 48 hours or less over which the surveillance device was used.
35 60 Search and Surveillance Bill Part 3 cl 55 (2) The report made under subsection (1) must contain the fol- lowing information: (a) (ii) whether the use of the surveillance device resulted in— obtaining evidential material of the relevant of- (i) fence (in the case of use of a surveillance device 5 in a situation set out in section 44(2)(a), (d), or (e)); or preventing the offending from being committed or continuing, or averting the emergency (in the case of use of a surveillance device in a situation 10 set out in section 44(2)(b)); or facilitating the seizure of the arms (in the case of use of a surveillance device in a situation set out in section 44(2)(c)); and (iii) (b) the circumstances in which the surveillance device was 15 used.
(3) A Judge who receives a report under subsection (1) may re- quire the enforcement officer who used the surveillance device to supply further information regarding the circumstances sur- rounding the use of the surveillance device.
Actions on receipt of surveillance device warrant report 55 (1) A Judge receiving a surveillance device warrant report under (b) section 53 may do any 1 or more of the following: (a) give directions as to the destruction or retention of the material obtained as a result of the surveillance: if he or she considers that the surveillance activities car- ried out were in breach of any of the conditions of the warrant’s issue, or of any applicable statutory provision, report on the breach to the chief executive of the rele- vant agency: order that the subject of the surveillance be notified.
(c) The Judge must not make an order under subsection (1)(c) unless he or she is satisfied that— (a) that the circumstances set out in subsection (3) exist; and the warrant— that— (i) the warrant should not have been issued; or (b) (2) 20 25 30 35 61 Part 3 cl 56 Search and Surveillance Bill (ii) there has been a serious breach of any of the con- ditions of its issue, or of any applicable statutory provision.
(3) The circumstances are that the public interest in notification outweighs any potential prejudice to any 1 or more of the fol- 5 lowing: (a) (b) (c) any investigation by the law enforcement agency: the safety of informants or undercover officers: the supply of information to the law enforcement agency: any international relationships of the law enforcement agency.
(d) 10 56 Actions on receipt of report on use of surveillance device in situation of urgency or emergency (1) A Judge receiving a surveillance device warrant report under 15 (b) section 54 may do any 1 or more of the following: (a) give directions as to the destruction or retention of the material obtained as a result of the use of the surveil- lance device: if he or she considers that the use of the surveillance 20 device was not authorised under section 44, report ac- cordingly to the chief executive of the relevant agency: order that the subject of the surveillance be notified.
(c) The Judge must not make an order under subsection (1)(c) unless he or she is satisfied that— (a) (b) the circumstances set out in subsection (3) exist; and use of the surveillance device was a serious breach of the criteria set out in section 44.
25 The circumstances are that the public interest in notification outweighs any potential prejudice to any 1 or more of the fol- 30 lowing: (a) (b) (c) any investigation by the law enforcement agency: the safety of informants or undercover officers: the supply of information to the law enforcement agency: any international relationships of the law enforcement agency.
(d) 35 (2) (3) 62 Search and Surveillance Bill Part 3 cl 56A Retention and destruction of raw surveillance data, excerpts, and other information obtained 56A Retention of raw surveillance data, excerpts, and (1) information obtained Raw surveillance data may be retained by the law enforcement 5 agency that collected it— (a) until the conclusion of criminal proceedings in relation to an offence in respect of which the data was collected, including the later of— (i) the conclusion of any appeal proceedings brought 10 in relation to the offence; or the expiry of any period for bringing such an ap- peal; or (ii) (b) until the later of a maximum period of 3 years, or any further period specified in an order made under subsec- 15 tion (2), if— (i) no criminal proceedings have commenced in re- lation to any offence in respect of which the data was collected; but the data is required for an ongoing investigation 20 by the agency.
(ii) (2) A Judge may make an order extending by no more than a fur- ther 2 years the period for which raw surveillance data may be retained by the agency in the circumstances in subsection (1)(b)(i) and (ii) if— (a) the agency applies for the order before the expiry of the initial 3-year period; and the Judge is satisfied that the data is required for that ongoing investigation.
(b) 25 (3) Excerpts from raw surveillance data may be retained by the 30 law enforcement agency that collected it in accordance with an order made by a Judge on application by the agency.

(4) A Judge may make an order under subsection (3) if— (a) (b) the law enforcement agency that collected the raw surveillance data applies for the order; and the Judge is satisfied that the excerpts may be required for a future investigation.
35 63 Part 3 cl 56B Search and Surveillance Bill (6) (5) An order made under subsection (2) or (3) may be made subject to any condition specified in the order that the Judge issuing it considers reasonable.
Information that is obtained from raw surveillance data but that does not itself constitute raw surveillance data may be re- 5 tained by the law enforcement agency that collected it if there are reasonable grounds to suspect that the information may be relevant to an ongoing or future investigation by the agency.

This section is subject to— (a) (7) any direction given under section 55(1)(a) or 10 56(1)(a); and any enactment requiring the retention of information that is part of a court record.
(b) 56B Disposal of raw surveillance data, excerpts, and information obtained A law enforcement agency must ensure that any raw surveil- lance data, excerpts from raw surveillance data, and informa- tion obtained from it that is not itself raw surveillance data, and that is not retained in accordance with section 56A or as part of a court record, is deleted or erased.
15 20 Residual warrants 57 Residual warrant required for some other interferences with privacy A law enforcement agency must obtain a residual warrant if, in order to obtain evidential material relating to an offence, 25 the agency wishes to use a device (other than a surveillance device as defined in section 3), or a technique, procedure, or activity that may constitute an intrusion into the reasonable expectation of privacy of any person.
Application for residual warrant Application for residual warrant 58 (1) An application for a residual warrant may be made only by an enforcement officer, and must contain, in reasonable detail, the following particulars: (a) the name of the applicant: 30 35 64 Search and Surveillance Bill Part 3 cl 59 (b) (c) (d) (e) (f) (g) 5 the provision authorising the making of an application for a search warrant in respect of the offence: the grounds on which the application is made: the suspected offence in relation to which the residual warrant is sought: a description of the device, technique, procedure, or ac- tivity to be used or undertaken, with enough detail to enable the Judge to understand what is proposed to be used or undertaken: the name, address, or other description of the person, 10 place, vehicle, or other thing that is the object of the proposed use of the device, technique, procedure, or activity.
a description of the evidential material believed to be able to be obtained by the proposed use: the period for which the warrant is sought.

15 (h) If the enforcement officer cannot provide all the information required under subsection (1)(f) and (g), the application must instead state the circumstances in which the use of the de- vice, technique, procedure, or activity is proposed to be under- 20 taken in enough detail to identify the parameters of, and ob- jectives to be achieved by, the proposed use.
The applicant must disclose in the application— (a) the details of any other applications for a search warrant, a surveillance device warrant, or a residual warrant, that 25 the applicant knows to have been made within the pre- vious 3 months in respect of the person, place, vehicle, or other thing proposed as the object of the proposed use of the device, technique, procedure, or activity; and the result of that application or those applications.
(b) The applicant must, before making an application for a re- sidual warrant, make reasonable inquiries within the agency in which the applicant is employed or engaged for the purpose of complying with subsection (3).
30 Conditions for issuing residual warrant The conditions for issuing a residual warrant are that there are reasonable grounds— 35 65 (2) (3) (4) 59 Part 3 cl 60 Search and Surveillance Bill (a) (b) to suspect that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any relevant enactment authorises an enforcement officer to apply for a search warrant; and to believe that the proposed use of the device (other than 5 a surveillance device as defined in section 3), tech- nique, procedure, or activity in respect of which the re- sidual warrant is sought would obtain information that is evidential material in respect of the offence.
60 (1) (2) Other provisions that apply to residual warrant applications The provisions in subsection (2) apply to any application for a residual warrant as if— (a) any reference in those provisions to a search warrant were a reference to a residual warrant; and any reference in those provisions to an issuing officer were a reference to a Judge; and any reference in those provisions to a District Court were a reference to a District Court or a High Court, as the case may be.
(b) (c) The provisions are— (a) section 96(2) (relating to requirements for further in- formation); and section 97 (relating to verification of application); and section 98 (relating to mode of application); and section 99 (relating to retention of documents).
(b) (c) (d) Issuing of residual warrants 61 Who may issue residual warrant A residual warrant may be issued by a Judge, on application under section 58, if he or she is satisfied that— (a) (b) the conditions set out in section 59 are met; and there is no enactment other than this subpart of this Act that expressly authorises the obtaining of the eviden- tial material in respect of which the residual warrant is sought.
66 10 15 20 25 30 35 62 63 (1) Search and Surveillance Bill Part 3 cl 63 Restrictions on issue of residual warrant A Judge must not issue a residual warrant that would permit surveillance or recording of activity between a lawyer and his or her client that is communication of a kind to which legal professional privilege normally applies unless the Judge is sat- 5 isfied that the information provided by the applicant indicates that the communication is to be made, received, completed, or prepared— (a) (b) for a dishonest purpose; or for the purpose of planning or committing an offence.
10 Form and content of residual warrant Every residual warrant must— (a) (b) (c) (d) (e) be in the prescribed form; and be directed to every enforcement officer who has au- thority to carry out the activities authorised by the war- 15 rant; and specify a period, of no more than 60 days after the date on which the warrant is issued, for which it is in force; and contain a condition that, in accordance with section 20 66, a residual warrant report must be provided to a Judge of the same court as the Judge who issues the warrant within 1 month after the expiry of the period for which it is in force; and contain a condition that the enforcement officer carrying 25 out the activities authorised by the warrant must not use any communication obtained under the authority of the warrant unless the privilege is waived or its use is au- thorised by a Judge, if he or she has reasonable grounds to believe that the communication may be subject to a 30 privilege specified in section 130.
(2) A residual warrant may be subject to any other conditions spe- cified in the warrant that the Judge issuing it considers reason- able, including a requirement for inclusion of specified infor- mation in the residual warrant report provided under section 35 66.
Every residual warrant must also contain, in reasonable detail, the following particulars: (3) 67 Part 3 cl 63 Search and Surveillance Bill (a) (b) (c) (d) (e) (f) (g) 10 the name of the Judge issuing the warrant and the date of issue: the provision authorising the making of an application for a search warrant in respect of the suspected offence: a description of the device, technique, procedure, or ac- 5 tivity to be used or undertaken that the warrant author- ises, with enough detail to enable the enforcement offi- cer using the device, technique, or procedure, or carry- ing out the activity authorised by the warrant, to under- stand what is authorised to be used or undertaken: the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed use of the device, technique, procedure, or activity.
the evidential material relating to the suspected offence 15 that may be obtained by the proposed use: that an enforcement officer carrying out the activities authorised by the warrant may use any assistance that is reasonable in the circumstances: that an enforcement officer carrying out the activities 20 authorised by the warrant may do any or all of the fol- lowing, using any force that is reasonable in the circum- stances to do so, in order to install, maintain, or remove a device the use of which is authorised by the warrant, or to access and use electricity to power the device: (i) enter onto any premises, area, or vehicle speci- fied in the warrant: break open or interfere with any vehicle or other thing: temporarily remove any vehicle or other thing 30 from any place where it is found and return it to that place.
(ii) (iii) 25 (4) Despite subsection (3)(d) and (e), if the Judge has not been provided in the application, or otherwise, with the informa- tion specified in those provisions because the applicant is un- 35 able to provide it, the warrant must instead state the details (as provided under section 58(2) or otherwise) of the circum- stances in which the use of the device, technique, procedure, or activity is to be undertaken in enough detail to identify the 68 Search and Surveillance Bill Part 3 cl 66 parameters of, and objectives to be achieved by, the use of the device, technique, procedure, or activity.
(5) Despite subsection (1)(c), a Judge may issue a further re- sidual warrant in respect of the same suspected offence in re- gard to which the Judge, or another Judge, has previously is- 5 sued a residual warrant.
Carrying out activities authorised by residual warrants 64 65 Carrying out activities authorised by residual warrant A residual warrant allows the following persons to carry out 10 the activities authorised by it: (a) (b) any or all of the persons to whom it is directed: any assistant— (i) who is called upon by a person specified in para- graph (a) to help him or her to carry out the ac- 15 tivities; and (ii) who, at all times that he or she is carrying out ac- tivities authorised by the warrant, remains under the supervision of a person specified in para- graph (a).
Other provisions that apply to residual warrants Other provisions that apply to residual warrants Section 103 (relating to the transmission of search warrants) and section 105 (relating to when a search warrant is invalid) apply to residual warrants as if— (a) any reference in those provisions to a warrant or search warrant were a reference to a residual warrant; and any reference in those provisions to an issuing officer were a reference to the Judge issuing a residual warrant.
(b) 20 25 30 Residual warrant reports Residual warrant report 66 (1) A person who carries out the activities authorised by a residual warrant must provide a residual warrant report within 1 month after the expiry of the period for which the warrant is in force, 69 Part 3 cl 67 Search and Surveillance Bill (2) as specified in the warrant, to a Judge of the same court as the Judge who issued the warrant.
The residual warrant report must contain the following infor- mation: (a) whether carrying out the activities authorised by the re- 5 sidual warrant resulted in obtaining evidential material: the circumstances in which the device, technique, pro- cedure, or activity that the warrant authorised was used: any other information stated in the warrant as being re- quired for inclusion in the residual warrant report.
(b) (c) 10 Actions on receipt of report 67 (1) A Judge receiving a residual warrant report under section 66 may do any 1 or more of the following: (a) give directions as to the destruction or retention of the material obtained as a result of the use of the device, 15 technique, procedure, or activity: if he or she considers that the activities carried out were in breach of any of the conditions of the warrant’s issue, or of any applicable statutory provision, report on the breach to the chief executive of the relevant agency: order that the subject of the device, technique, proced- ure, or activity be notified.
20 (b) (c) The Judge must not make an order under subsection (1)(c) unless he or she is satisfied that the circumstances set out in subsection (3) exist and— (a) (b) the warrant should not have been issued; or there has been a serious breach of any of the conditions of its issue, or of any applicable statutory provision.
25 The circumstances are that the public interest in notification outweighs any potential prejudice to any 1 or more of the fol- 30 lowing: (a) (b) (c) any investigation by the law enforcement agency: the safety of informants or undercover officers: the supply of information to the law enforcement agency: any international relationships of the law enforcement agency.
(d) 35 (2) (3) 70 Search and Surveillance Bill Part 3 cl 59 Declaratory orders 57 What is a declaratory order (1) A declaratory order is a statement by a Judge that he or she is satisfied that the use of a device, technique, or procedure, or the carrying out of an activity, specified in the order is, in 5 the circumstances of the use or the carrying out of the activity specified in the order, reasonable and lawful.
(2) A declaratory order is advisory in character and does not affect the jurisdiction of any court to determine whether the activity that was the subject of the order was reasonable and lawful.

10 Applying for declaratory order 58 When to obtain declaratory order (1) An enforcement officer may apply for a declaratory order in (2) the circumstances set out in subsection (2).
The circumstances are that— (a) the enforcement officer wishes to use a device, tech- nique, or procedure, or to carry out an activity, that is not specifically authorised by another statutory regime; and the use of the device, technique, or procedure, or the 20 carrying out of the activity, may constitute an intrusion into the reasonable expectation of privacy of any other person.
(b) 15 Application for declaratory order 59 (1) An application for a declaratory order may be made only by 25 an enforcement officer, and must contain, in reasonable detail, the following particulars: (a) (b) (c) the name of the applicant: the grounds on which the application is made: a description of the device, technique, procedure, or ac- 30 tivity to be used or undertaken, with enough detail to enable the Judge to understand what is proposed to be used or undertaken: the name, address, or other description of the person, place, vehicle, or other thing that is the object of the 35 (d) 71 10 15 Part 3 cl 60 Search and Surveillance Bill proposed use of the device, technique, procedure, or ac- tivity.
(2) If the enforcement officer cannot provide all the information required under subsection (1)(d), the application must in- stead state the circumstances in which the use of the device, 5 technique, procedure, or activity is proposed to be undertaken in enough detail to identify the parameters of, and objectives to be achieved by, the proposed use.
Making declaratory order 60 Who may make declaratory order A Judge may make a declaratory order if he or she is satisfied that the use of a device, technique, or procedure, or the carry- ing out of an activity, in the circumstances of the proposed use or carrying out of the activity, is reasonable and lawful.

61 (1) (2) Form and content of declaratory order Every declaratory order must be in the prescribed form.
Every declaratory order must also contain, in reasonable de- tail, the following particulars: (a) (b) (c) 20 the name of the Judge making the order and the date the order is made: a description of the device, technique, procedure, or ac- tivity to be used or undertaken that the order relates to, and the circumstances covered by the order, with enough detail to enable the enforcement officer using the device, technique, or procedure, or carrying out the 25 activity to which the order relates, to understand what is covered by the order: the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed use of the device, technique, procedure, or ac- 30 tivity.
(3) Despite subsection (2)(c), if the Judge has not been provided in the application, or otherwise, with the information specified in that provision because the applicant is unable to provide it, the order must instead state the details (as provided under 35 section 59(2) or otherwise) of the circumstances in which 72 68 Search and Surveillance Bill Part 3 cl 68 the use of the device, technique, procedure, or activity is to be undertaken in enough detail to identify the parameters of, and objectives to be achieved by, the use of the device, technique, procedure, or activity.
Subpart 2—Production and monitoring orders 5 Interpretation In this subpart,— call associated data and network operator have the same meanings as in section 3(1) of the Telecommunications (Inter- 10 ception Capability) Act 2004 call-related information, in relation to a telecommunication, means any of the following in respect of which a network op- erator has an interception capability at the time an application is made under section 69 for a production order against that 15 network operator: (a) information that is generated as a result of the making of the telecommunication (whether or not the telecommu- nication is sent or received successfully), and that iden- tifies the origin, direction, destination, or termination of 20 the telecommunication, and includes— (i) (ii) (iv) (iii) the number from which the telecommunication originates; and the number to which the telecommunication is sent; and if the telecommunication is diverted from one number to another number, those numbers; and the time at which the telecommunication is sent; and the duration of the telecommunication; and if the telecommunication is generated from a mo- bile telephone, the point at which the telecommu- nication first enters a network: (b) the content of the telecommunication document includes call-related information document includes call associated data and the content of telecommunications in respect of which, at the time an applica- (v) (vi) 25 30 35 73 Part 3 cl 69 Search and Surveillance Bill tion is made under section 69 for a production order against a network operator, the network operator has storage capability for, and stores in the normal course of its business, that data and content.
interception capability, network operator, and number 5 have the same meanings as in section 3(1) of the Telecommu- nications (Interception Capability) Act 2004.
69 Enforcement officer may apply for production order (1) An enforcement officer who may apply for a search warrant to obtain documents may apply to an issuing officer for a produc- 10 tion order against a person in respect of those documents if the enforcement officer is satisfied that the conditions, specified in section 70, for making the order against the person are met.
(2) An application under this section must be in writing and must (c) (b) set out the following particulars: the name of the applicant: (a) the provision authorising the making of an application (ab) for a search warrant in respect of the suspected offence: a description of the offence that it is suspected has been committed, is being committed, or will be committed: the facts relied on to show reasonable grounds to sus- pect that an offence has been committed, or is being committed, or will be committed: a description of the documents for which production is sought: the facts relied on to show reasonable grounds to believe the documents sought are in the possession or under the control of the person against whom the order is sought: whether the person against whom the order is made should be required to produce,— (i) (d) (e) (f) 15 20 25 30 on 1 occasion only, those documents for which production is sought that are in his or her posses- sion or under his or her control when the order is made; or on an ongoing basis, those documents for which 35 production is sought that are in his or her posses- sion or under his or her control at the time the order is made, and those documents for which (ii) 74 Search and Surveillance Bill Part 3 cl 72 production is sought and that come into his or her possession or come under his or her control at any time while the order is in force.
70 71 (1) (2) 72 Conditions for making production order The conditions for making a production order are that there are 5 reasonable grounds— (a) to suspect that an offence has been committed, or is be- ing committed, or will be committed (being an offence in respect of which this Act or any relevant enactment specified in column 2 of the Schedule authorises an 10 enforcement officer to apply for a search warrant); and to believe that the documents sought by the proposed order— (i) (b) (ii) constitute evidential material in respect of the of- fence; and are in the possession or under the control of the person against whom the order is sought, or will come into his or her possession or under his or her control while the order is in force.
Other provisions that apply to production order applications The provisions in subsection (2) apply to any application for a production order as if any reference in those provisions to a warrant or search warrant were a reference to a production order.

The provisions are— (a) section 96(2) (relating to requirements for further in- formation); and section 97 (relating to verification of application); and section 98 (relating to mode of application); and section 99 (relating to retention of documents).
(b) (c) (d) 15 20 25 30 Issuing officer may make production order An issuing officer may make a production order against a per- son if satisfied, on an application made under section 69, that the conditions, specified in section 70, for making the order 35 are met.
75 Part 3 cl 73 Search and Surveillance Bill Form and content of production order 73 (1) A production order must be in the prescribed form and must require the person against whom it is made (person A)— (a) to give the enforcement officer who applied for the order, or a person identified in the order, any documents 5 described in the order that are in the possession or under the control of person A, and, if section 69(2)(f)(ii) applies to the order, documents described in the order that come into the possession or under the control of person A while the order is in force; and if any of those documents are not, or are no longer, in the possession or under the control of person A, to dis- close, to the best of person A’s knowledge or belief, the location of those documents to the enforcement officer who applied for the order or to the person identified in 15 the order.
10 (b) the name of person A: the grounds on which the order is made: the documents required to be given: The production order must set out the following: (a) (b) (c) (d) whether the documents must be produced on 1 occasion only, or whether they are required to be produced on an ongoing basis for the duration of the entire order: the time by which, and the way in which, the documents must be produced.
(e) 20 25 The production order may describe the documents required to be given by reference to a class or category of document.

If the production order is made against a body corporate or an unincorporated body, the order may specify an individual (whether by name or by reference to a position held in the 30 body) who is to comply with the order as the body’s repre- sentative.
Duration of production order A production order is in force for the period specified in the order (not exceeding 30 days after the date on which the order 35 is made).
(2) (3) (4) 74 76 75 76 77 Search and Surveillance Bill Part 3 cl 78 Other provisions applying to production orders Section 103 (relating to the transmission of search warrants) and section 105 (relating to when a search warrant is invalid) apply to production orders as if any reference in those provi- sions to a warrant or search warrant were a reference to a pro- 5 duction order.
Documents produced under production order When any document is produced in compliance with a produc- tion order, the enforcement officer who applied for the order may do any 1 or more of the following things: (a) 10 retain the original document produced if it is relevant to the investigation: take copies of the document, or of extracts from the document: if necessary, require the person producing the document 15 to reproduce, or to assist any person nominated by the chief executive or a delegate of the chief executive to reproduce, in usable form, any information recorded or stored in the document.
(b) (c) Copy of retained document to be given An enforcement officer who, in accordance with section 76(a), retains an original document that is produced in com- pliance with a production order must, as soon as practicable after the document is produced, take a copy of the document and give the copy to the person who produced the original 25 document in compliance with the production order.
20 Subpart 3—Police and Customs officer powers to search in relation to delivery under section 12 of Misuse of Drugs Amendment Act 1978 30 78 Meaning of terms used in this subpart In this subpart, unless the context otherwise requires, craft, package, and vehicle have the same meanings as in section 2(1) of the Customs and Excise Act 1996.
77 Part 3 cl 79 Search and Surveillance Bill Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978 In the circumstances set out in subsection (2), a constable or a Customs officer may, during the course of a delivery in 5 relation to which a Customs officer has exercised his or her powers under section 12 of the Misuse of Drugs Amendment Act 1978, do any or all of the following without a warrant: (a) search a person involved in a delivery under section 12 of the Misuse of Drugs Amendment Act 1978: enter and search any place, craft, or vehicle: seize anything that he or she has reasonable grounds to believe is a thing described in any of paragraphs (a) to (d) of subsection (2).
(b) (c) 10 The circumstances are that the constable or the Customs of- 15 ficer has reasonable grounds to believe that the person is in possession of, or the place, craft, or vehicle contains, any 1 or more of the following: (a) (b) (c) a controlled drug: a precursor substance: a package in relation to which the Customs officer has replaced all or a portion of any controlled drug or pre- cursor substance: evidential material in relation to the commission of an offence under section 6(1)(a) or 12AB of the Misuse of 25 Drugs Act 1975.
(d) 20 Subpart 4—Warrantless powers of entry and search incidental to arrest or detention Application of this subpart This subpart applies to any person who has exercised a power 30 of arrest or detention, or both, by or under this Act or any other enactment, other than— (a) (b) (c) the Armed Forces Discipline Act 1971; or the Defence Act 1990; or any regulations made under either of those Acts.
35 79 (1) (2) 80 78 Search and Surveillance Bill Part 3 cl 83 Entry without warrant after arrest 81 (1) A person to whom this subpart applies who has arrested a per- son and has reasonable grounds to believe that the circum- stances in subsection (2) exist in a place may enter it without a warrant to search for and seize any evidential material relat- 5 ing to the offence for which the person was arrested.
The circumstances are— (a) (2) that evidential material relating to the offence for which the person was arrested is in that place; and that, if entry is delayed in order to obtain a search 10 warrant, evidential material relating to the offence for which the person was arrested will be destroyed, concealed, or damaged.
(b) 82 Warrantless entry and search of vehicle after arrest A person to whom this subpart applies who has arrested a per- 15 son and who has reasonable grounds to believe that evidential material relating to the offence for which the person was ar- rested is in a vehicle may enter and search it without a warrant.
Rub-down search of arrested or detained person 83 (1) A person to whom this subpart applies may carry out a rub- 20 down search of a person, in accordance with this section, when the person is arrested, or detained under a statutory power of detention, in order to ensure that the person is not carrying anything that may be used— to harm any person; or (a) (b) to facilitate the person’s escape.
For the purposes of this section and sections 84 and 85, a rub-down search means a search of a clothed person in which the person conducting the search may do any or all of the fol- lowing: (a) (2) 30 25 run or pat his or her hand over the body of the person being searched, whether outside or inside the clothing (other than the underclothing) of that person: insert his or her hand inside any pocket or pouch in the clothing (other than the underclothing) of the person 35 being searched: (b) 79 Part 3 cl 84 Search and Surveillance Bill (c) for the purpose of permitting a visual inspection, require the person being searched to do any or all of the follow- ing: (i) (ii) (iii) (iv) open his or her mouth: display the palms of his or her hands: display the soles of his or her feet: lift or rub his or her hair.
5 84 (1) Things that can be done to facilitate rub-down search For the purpose of facilitating any of the actions referred to in any of paragraphs (a) to (c) of section 83(2), the person 10 conducting a rub-down search may require the person being searched— (a) to remove, raise, lower, or open any outer clothing (in- cluding (without limitation) any coat, jacket, jumper, or cardigan) being worn by the person being searched, ex- 15 cept where that person has no other clothing, or only underclothing, under that outer clothing; and to remove any head covering, gloves, or footwear (in- cluding socks or stockings) being worn by that person.
(b) (2) A rub-down search of a person may include searching— 20 (a) (b) (c) any item carried by, or in the possession of, the person; and any outer clothing removed, raised, lowered, or opened for the purposes of the search; and any head covering, gloves, or footwear (including socks 25 or stockings) removed for the purposes of the search.
85 Rub-down search may include visual examination A rub-down search may include a visual examination (whether or not facilitated by any instrument or device designed to illu- minate or magnify) of the mouth, nose, and ears, but must not 30 include the insertion of any instrument, device, or thing into any of those orifices.
86 Warrantless search of arrested or detained person (1) A person to whom this subpart applies may, in the circum- stances set out in subsection (2), carry out a search of a per- 35 son.
80 5 10 15 Search and Surveillance Bill Part 4 cl 87AA (2) The circumstances are that the person to whom this subpart applies has reasonable grounds to believe that there is anything any thing on or carried by a person who is arrested or detained under a statutory power of detention that— (a) may be used to harm any person; or (b) may be used to facilitate the person’s escape; or (c) is evidential material relating to the offence in respect of which the arrest is made or the person is detained.
Part 4 General provisions in relation to search and inspection powers Subpart 1—Application of rules in this Part, and consent searches Application of rules 87AA General application rules (1) This Part applies, to the extent and in the manner provided by Part 2, Part 3, and this Part,— (a) in respect of— (i) (ii) powers conferred on the Police by Part 2; and search warrants and examination orders applied 20 for, issued, or made under that Part; and (b) in respect of— (i) (ii) powers conferred on enforcement officers by Part 3; and surveillance device warrants, declaratory orders, 25 and production orders applied for, issued, or made under that Part; and (c) in respect of any other matter provided for in Part 2, or Part 3, or this Part.
(2) (3) This Part also applies in respect of powers conferred by en- 30 actments listed in column 2 of the Schedule, to the extent and in the manner— (a) (b) If any provision in subparts 1 to 5 of this Part applies in 35 respect of a power conferred by an enactment listed in column identified in column 4 of the Schedule; and set out in subparts 1 and 2 of Part 5.
81 Part 4 cl 87AB Search and Surveillance Bill (4) 2 of the Schedule, then subparts 6 to 9 of this Part also apply in relation to that power, to the extent and in the manner identified in those subparts.
Except to the extent provided in subsections (2) and (3), Part 5, and the Schedule, this Part does not apply in respect 5 of— (a) a search warrant, search, inspection, examination, pro- duction order, examination order, or any other warrant or order made, executed, or carried out, as the case re- quires, under any other Act or regulations made under 10 any other Act; or surveillance of any kind conducted under any other Act or regulations made under any other Act.
(b) 87AB Relationship between this Part and Part 5 The way in which the provisions of this Part are applied to the 15 Acts amended by Part 5 is set out in the Schedule.
87AC Interpretation (1) In this Part, unless the context otherwise requires,— enforcement officer, in relation to any provision in this Part,— (a) means any of the following persons: 20 (i) (ii) a constable: any person authorised by this Act, or by any en- actment specified in column 2 of the Schedule to which that provision is applied, to exercise a 25 power of entry, search, or seizure; but (b) does not include any person referred to in paragraph (a) in relation to the exercise by that person of any power of entry, search, or seizure under any enactment that is not— (i) (ii) part of this Act; or an enactment to which that provision is applied search power, in relation to any provision in this Part, means— (a) every search warrant issued under this Act or an enact- 35 ment set out in column 2 of the Schedule to which that provision is applied; and 30 82 Search and Surveillance Bill Part 4 cl 87AD (b) every power, conferred under this Act or an enactment set out in column 2 of the Schedule to which that provision is applied, to enter and search, or enter and in- spect or examine (without warrant), any place, vehicle, or other thing.
5 If any provision in this Part applies (because of the operation of Part 5 and the Schedule) in respect of any warrant that would enable entry and inspection, or entry and examination, every reference in that provision to a search must, in relation to that warrant and its execution, be read instead, as the case 10 requires, as a reference to an inspection, or an examination, or a power of inspection, or a power of examination.
If any provision in this Part applies (because of the operation of Part 5 and the Schedule) in respect of a power to enter and inspect a place, vehicle, or thing, or to enter and examine 15 a place, vehicle, or thing, every reference in this Part to a search must, in relation to that power, be read instead, as the case requires, as a reference to an inspection, or a power of inspection, or an examination, or a power of examination.

Subsection (3) does not limit subsection (2).
20 (2) (3) (4) 87AD Definitions related to computers (1) In this Part, unless the context otherwise requires,— access, in relation to any computer system, means instruct, communicate with, store data in, receive data from, or other- wise make use of any of the resources of the computer system 25 access information includes codes, passwords, and encryp- tion keys, and any related information that enables access to a computer system or any other data storage device computer system— (a) means— (i) (ii) (iii) a computer; or 2 or more interconnected computers; or any communication links between computers or to remote terminals or another device; or 2 or more interconnected computers combined 35 with any communication links between comput- (iv) 30 83 Part 4 cl 87 Search and Surveillance Bill ers or to remote terminals or any other device; and (b) includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and stored data remote access search means a search of a thing such as an Internet data storage facility that does not have a physical ad- dress that a person can enter and search.
For the purposes of the definition of computer system, a com- puter is interconnected with another computer if it can be law- 10 fully used to provide access to that other computer— with or without access information; and (a) (b) whether or not either or both computers are currently 5 (2) turned on; and whether or not access is currently occurring.
(c) 15 87 Application of rules in relation to enforcement officers and transfer of things between law enforcement agencies, etc (1) Any duty imposed on an enforcement officer under this Part may be carried out instead by an enforcement officer employed 20 or engaged by the same law enforcement agency as the other enforcement officer.
Subsection (3) applies if any thing is seized by or produced to a person employed or engaged by any law enforcement agency and the thing is then transferred to another law enforcement 25 agency for the purposes of investigation, prosecution, or for- feiture.
If this subsection applies, the obligations imposed by this Part on any law enforcement agency or any enforcement officer engaged by that agency must, after the transfer of the thing 30 referred to in subsection (2), be carried out by the law en- forcement agency to which the thing is transferred or by an enforcement officer employed by that agency.

Subsection (3) is subject to any contrary provisions in any other enactment.
35 (2) (3) (4) 84 88 89 90 Search and Surveillance Bill Part 4 cl 91 Consent searches Application of rules about consent searches Sections 89 to 92 apply in respect of consent searches undertaken by an enforcement officer in circumstances where a power of search by an enforcement officer to which this 5 Part applies or any provisions of this Part apply (whether a warrantless power or a power able to be conferred by a search warrant) could be exercised if the officer held a particular belief or suspicion.
Purposes for which consent search may be undertaken An enforcement officer may ask a person to consent to undergo a search or to consent to a search being made of a place, ve- hicle, or other thing apparently in the control of the person, if the enforcement officer wishes to conduct the search for 1 or more of the following purposes: (a) (b) (c) (d) to prevent the commission of an offence: to protect life or property, or to prevent injury or harm: to investigate whether an offence has been committed: any purpose in respect of which the enforcement officer could exercise a power of search conferred by an enact- 20 ment, if he or she held a particular belief or suspicion specified in the enactment.
10 15 Advice that must be given before consent search undertaken Before conducting a search by consent, the enforcement offi- 25 cer who proposes to conduct it must— (a) determine that the search is for a purpose authorised by section 89; and advise the person from whom consent is sought of the reason for the proposed search; and advise the person that he or she may either consent to the search or refuse to consent to the search.
(b) (c) 91 Circumstances where search by consent unlawful A search by consent is unlawful if— (a) it is not for a purpose set out in section 89; or 85 30 35 Part 4 cl 92 Search and Surveillance Bill (b) (c) the enforcement officer fails to comply with section 90(a), (b), or (c); or the search is undertaken in reliance on a consent given by a person who does not have authority to give that consent.
5 92 Ability of persons under 14 years to consent to searches of places, vehicles, or other things (1) A person under 14 years of age is unable to consent to the search of a place, vehicle, or other thing.

Subsection (1) does not apply to a person under 14 years of 10 age who is found driving a vehicle with no passenger of or over the age of 14 years with authority to consent to the search of the vehicle.
Exceptions to consent search rules Sections 89 to 92 do not— (a) apply to a search conducted as a condition of entry to any public or private place; or apply to a search conducted in accordance with a power conferred by an enactment; or affect the rule of law relating to the implied licence to 20 enter property.
(b) (c) 15 Subpart 2—Search warrants Application of sections 95 to 99 The provisions of sections 95 to 99 apply in respect of every warrant applied for, or issued, under this Act or any relevant 25 enactment specified in column 2 of the Schedule to which those sections are applied that would enable entry, or entry and search, or entry and inspection, or entry and examination, of any land, premises, place, vehicle, or other thing (a search warrant).
If sections 95 to 99 apply in respect of any warrant that would enable entry and inspection, or entry and examination, every reference in those sections to a search must be read in- stead, as the case requires, as a reference to an inspection, or 30 (2) 93 94 (2) 86 Search and Surveillance Bill Part 4 cl 96 an examination, or a power of inspection, or a power of exam- ination.
95 Interpretation In this subpart, unless the context otherwise requires,— applicant, in relation to any provision in this subpart, means 5 any of the following persons: (a) (b) a constable: any other person authorised to apply for a search war- rant by this Act or any relevant enactment enactment specified in column 2 of the Schedule to which that 10 provision applies to apply for a search warrant thing includes an intangible thing (for example, an email ad- dress or access information to an Internet data storage facility).
Application for search warrant Application for search warrant 96 (1) An application for a search warrant must contain, in reasonable 15 (d) detail, the following particulars: the name of the applicant: (a) the provision authorising the making of the application: (b) the grounds on which the application is made (including 20 (c) the reasons why the legal requirements for issuing the warrant are believed by the applicant to be satisfied): the address or other description of the place, vehicle, or other thing proposed to be entered, or entered and searched, inspected, or examined: a description of the item or items or other evidential material believed to be in or on or part of the place, vehicle, or other thing that are sought by the applicant: the period for which the warrant is sought: if the applicant wants to be able to execute the warrant 30 on more than 1 occasion, the grounds on which execu- tion on more than 1 occasion is believed to be necessary.
(f) (g) (e) 25 (2) The issuing officer— (a) may require the applicant to supply further information concerning the grounds on which the search warrant is 35 sought; but 87 Part 4 cl 97 Search and Surveillance Bill (b) must not, in any circumstances, require the applicant to disclose the name, address, or any other identifying detail of an informant unless, and only to the extent that, such information is necessary for the issuing officer to assess either or both of the following: (i) the credibility of the informant: (ii) whether there is a proper basis for issuing the 5 warrant.
(3) (4) (5) 97 The applicant must disclose in the application— (a) details of any other application for a search warrant that 10 the applicant knows to have been made within the pre- vious 3 months in respect of the place, vehicle, or other thing proposed to be searched; and the result of that application or those applications.
(b) The applicant must, before making an application for a search 15 warrant, make reasonable inquiries within the law enforce- ment agency in which the applicant is employed or engaged, for the purpose of complying with subsection (3).

The issuing officer may authorise the search warrant to be exe- cuted on more than 1 occasion during the period in which the 20 warrant is in force if he or she is satisfied that this is required for the purposes for which the warrant is being issued.
Application must be verified An application for a search warrant must contain or be accom- panied by a statement by the applicant confirming the truth and 25 accuracy of the contents of the application.

98 Mode of application for search warrant (1) An application for a search warrant— (2) (a) must be in writing, unless subsection (3) applies; and (b) may be transmitted to the issuing officer electronically.
30 The applicant must appear in person before, or communicate orally with, the issuing officer, unless subsection (4) applies.
(3) An issuing officer may allow an application for a search war- rant to be made orally (for example, by telephone call) or by personal appearance and excuse the applicant from putting all 35 88 Search and Surveillance Bill Part 4 cl 99 or any part of the application (including any required material) in writing if— (a) the issuing officer is satisfied that the delay that would be caused by requiring an applicant to put all or any part of the application (including any required material) 5 in writing would compromise the effectiveness of the search; and the question of the issuing officer is satisfied that whether the warrant should be issued can properly be determined on the basis of an oral communication 10 or a personal appearance (together with the material described in paragraph (c)); and the information required by section 96(1) to (3) is supplied (whether orally, or partly orally and partly in writing) to the issuing officer.
15 (b) (c) the question of (4) An issuing officer may allow an application for a search war- rant to be made without either an appearance in person or an oral communication with the issuing officer if— the issuing officer is satisfied that (a) whether the search warrant should be issued can 20 properly be determined on the basis of any written communication by the applicant (including the material described in paragraph (b)); and the information required by section 96(1) to (3) has been supplied to the issuing officer; and the issuing officer is satisfied that there is no need to ask any questions of, or seek any further information from, the applicant.
(b) (c) 25 (5) An issuing officer who allows an application for a search war- rant to be made under subsection (3) must record the grounds 30 for the application as soon as practicable.
Retention of documents 99 (1) A copy (whether in electronic form or otherwise) of every written application for a search warrant, or (in the case of an oral application) the record of the application made by the is- 35 suing officer, must be retained under the control of the Regis- trar of the District Court at which, or under the control of the 89 Part 4 cl 100 Search and Surveillance Bill Registrar of the District Court that is closest to the place at which, the application was made, until,— (a) in a case where a search warrant is issued, the comple- tion of any proceedings in respect of which the validity of the warrant may be in issue; or in any other case, the expiry of 2 years after the records were first retained under the control of the Registrar of a District Court.
(b) 5 (2) An applicant to whom a search warrant is issued must retain (whether in electronic form or otherwise) the warrant, a copy 10 of the application (if made in written form), copies of all docu- ments tendered by the applicant in support of the application, and a copy of any search warrant report referred to in section 102 required to be prepared, until,— (a) in the case of a warrant that is executed, the completion 15 of any proceedings in respect of which the validity of the warrant may be in issue; or in any other case, the destruction or transfer of the warrant and other documents is required by the Public Records Act 2005 or any other enactment or rule of 20 law.
(b) Issuing of search warrant 100 Restrictions on issue of search warrant An issuing officer must not issue a warrant to seize any thing held by a lawyer that is a communication of a kind to which 25 legal professional privilege normally applies, unless the issu- ing officer is satisfied that the information provided by the ap- plicant indicates there is a prima facie case that the thing was made, or received, completed, or compiled, or prepared— (a) (b) for a dishonest purpose; or for the purpose of planning to commit or committing an offence.
30 101 Form and content of search warrant (1) (2) Every search warrant issued must be in the prescribed form.

Every search warrant issued must be directed to every enforce- 35 ment officer who has authority to execute the warrant.
90 Search and Surveillance Bill Part 4 cl 101 (3) A search warrant may be— (4) Every search warrant must contain, in reasonable detail, the following particulars: (a) 20 (a) (b) (c) (b) (c) (d) (e) (f) (g) executed by— (i) any or all of the persons to whom it is directed; or any constable (whether or not the warrant is di- 5 rected to that constable or to every constable): (ii) (ii) subject to any conditions specified in the warrant that including the issuing officer considers reasonable, (without limitation)— (i) any restriction on the time of execution that is 10 reasonable: a condition that the occupier or person in charge of a place must provide reasonable assistance to a person executing the warrant if, in the absence of such assistance, it would not be practical to 15 execute the warrant without undue delay: executed only once, unless execution on more than 1 occasion has been authorised.
25 the name or other individual designation of the issuing officer and the date of issue: the provisions or provisions authorising the issue of the warrant (including, where relevant, the suspected of- fence or offences): that the person executing the warrant may use any as- sistance that is reasonable in the circumstances: that any person authorised to do so may execute the warrant: that the person executing the warrant may use any force, 30 if authorised by this Act or any other enactment, that is reasonable in the circumstances to enter or break open or access any area within the place, vehicle, or other thing being searched, or the thing found: the address or description of the place, vehicle, or other 35 thing that may be entered, or entered and searched, in- spected, or examined: a description of what may be seized: 91 Part 4 cl 101 Search and Surveillance Bill (h) (i) (j) (k) (l) (m) the period during which the warrant may be executed, being— (i) a period specified by the issuing officer not ex- ceeding 14 days from the date of issue; or if the issuing officer is satisfied that a period of 5 longer than 14 days is necessary for execution, a period specified by the issuing officer not ex- ceeding 30 days from the date of issue: (ii) 10 any conditions specified by the issuing officer under subsection (3)(b): if the warrant may be executed on more than 1 occasion, the number of times that the warrant may be executed: if the warrant is intended to authorise the a remote ac- cess and search of things such as Internet data storage facilities that are (for example, a search of a thing such 15 as an Internet data storage facility that is not situated at a physical location that can be searched,) the access information that identifies the thing to be searched re- motely: an explanation of the availability of relevant privileges 20 and an outline of how any of those privileges may be claimed: a statement that,— (i) in the case of a search under a search warrant issued in relation to offences under the Misuse of 25 Drugs Act 1975, any person found in the place or vehicle to be searched may also be searched; or in the case of any other search authorised by this Act or any relevant enactment specified in col- umn 2 of the Schedule to which this section 30 applies, any person found in the place or vehicle to be searched may be searched if there are rea- sonable grounds to believe that the an item being searched for is on that person.
(ii) (4A) A search warrant may authorise the search of more than 1 35 place, vehicle, or thing.

(4B) An issuing officer may not issue a search warrant authorising the remote access search of a thing unless he or she is satisfied 92 Search and Surveillance Bill Part 4 cl 103 that the thing is not located at a physical address that a person can enter and search.
(5) A person is not required, as a consequence of a condition im- posed under subsection (3)(b)(ii), to give any information tending to incriminate the person.

5 102 Issuing officer may require search warrant report (1) An issuing officer may impose a condition under section 101(3)(b) requiring the employer of any person to whom a search warrant is issued to provide that issuing officer with a search warrant report within a specified period.
(2) A search warrant report must contain the following informa- 10 tion: (a) (b) whether the execution of the search warrant resulted in whether the search warrant was executed: the seizure of evidential material, and, if so, whether 15 that material was material— (i) (ii) (iii) specified in the search warrant; or seized under section 119; or some of which was specified in the warrant and some of which was seized under section 119: 20 (c) whether any other powers exercised in conjunction with the execution of the warrant resulted in the seizure of evidential material: (d) whether any criminal proceedings have been brought, or are under consideration, that relate to the any evidential 25 material seized.
103 Transmission of search warrant If it is not possible or practicable for the person charged with executing the warrant to have it in his or her possession at the time of execution, one of the following documents (which is 30 deemed for all legal purposes to constitute the warrant) may be executed: (a) a facsimile, or a print-out printout of an electronically generated copy, of a warrant issued by the issuing offi- cer: 35 93 Part 4 cl 104 Search and Surveillance Bill (b) a copy made by the person to whom the warrant is di- rected, at the direction of the issuing officer and en- dorsed to that effect.
104 When search warrant executed A search warrant is executed when the person executing the 5 warrant and any person assisting in the execution of the war- rant— (a) (b) has seized all the items specified in the warrant; or leaves the place, vehicle, or other thing being searched and does not return within 4 hours.
10 105 When search warrant invalid (1) A search warrant is invalid— (a) if, having regard to the information contained in the ap- plication, the grounds or conditions for lawful issue of a warrant set out in section 6 or, if applicable, the rele- 15 vant enactment specified in column 2 of the Sched- ule to which this section applies were not satisfied at the time the search warrant was issued: if the warrant contains a defect, irregularity, omission, or want of form that is likely to mislead anyone execut- 20 ing or affected by the warrant as to its purpose or scope.
If a warrant is invalid under this section, section 204 of the Summary Proceedings Act 1957 does not apply to that war- rant.

(b) (2) 106 Authorisation of issuing officers (1) The Attorney-General may authorise any Justice of the Peace, Community Magistrate, Registrar, Deputy Registrar, or other person to act as an issuing officer for a term, not exceeding 3 years, specified in the notice of authorisation.
25 (1A) The Attorney-General may not authorise an enforcement offi- 30 cer to act as an issuing officer.

The Attorney-General may not authorise any Justice of the Peace, Community Magistrate, Registrar, Deputy Registrar, or other person to act as an issuing officer unless the Attorney- (2) 94 Search and Surveillance Bill Part 4 cl 107 General is satisfied that the person has sufficient knowledge, skill, and experience to act as an issuing officer.
The Attorney-General may from time to time renew an au- thorisation granted under subsection (1) for a further term not exceeding 3 years specified in the notice of renewal.

The Attorney-General may remove an issuing officer, other than a Judge, from office for neglect of duty, inability to per- form the duties of office, bankruptcy, or misconduct, proved to the satisfaction of the Attorney-General.

The Attorney-General must remove an issuing officer if he or 10 she becomes an enforcement officer.
5 (3) (4) (5) (6) Any issuing officer (other than a Judge) may at any time resign the office of issuing officer by notice in writing addressed to the Attorney-General.

106A Limitation on jurisdiction of certain issuing officers 15 An issuing officer who is employed or engaged by a law en- forcement agency must not consider, or perform any function in relation to, any application made by a law enforcement offi- cer employed or engaged by the same law enforcement agency as the issuing officer.
Subpart 3—Carrying out search powers 107 Application (1) For the purposes of this subpart, search power means— (a) every search warrant issued under this Act or any rele- vant enactment; and every power conferred under this Act or any relevant enactment to enter and search, or enter and inspect or examine (without warrant), any place, vehicle, or other thing.
(b) 20 25 (2) If this subpart applies in respect of a power conferred by this 30 Act or a relevant enactment to enter and inspect a place, ve- hicle, or thing, or to enter and examine a place, vehicle, or thing, every reference in this subpart to a search must be read instead, as the case requires, as a reference to an inspection, or a power of inspection, or an examination, or a power of exam- 35 ination.
95 Part 4 cl 108 Search and Surveillance Bill 108 Search powers Every search power authorises the person exercising it— (a) 10 to enter and search the place, vehicle, or other thing that the person is authorised to enter and search, and any item or items found in that place or vehicle or thing, at 5 any time that is reasonable in the circumstances: to request any person to assist with the entry and search (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi): to use any force in respect of any property that is rea- sonable for the purposes of carrying out the entry and search and the seizure of any item authorised by the search power to be seized any lawful seizure: if and only if section 111(2) applies to the person ex- 15 ercising the power, to detain any person who is at the place or in the vehicle or other thing being searched, or who arrives there while the search is being undertaken, for a reasonable period (using reasonable force if ne- cessary), to enable the person exercising the power to 20 determine whether the person is connected with the ob- ject of the search: to seize any thing authorised to that may lawfully be seized: to bring and use in or on the place, vehicle, or other 25 thing searched any equipment, to use any equipment found on the place, vehicle, or other thing, and to extract any electricity from the place, vehicle, or other thing to operate the equipment that it is reasonable to use in the circumstances, for the purposes of carrying out the entry 30 and search: to bring and use in or on the place, vehicle, or other thing searched a dog (being a dog that is trained to under- take searching for law enforcement purposes and that is under the control of its usual handler): to copy any document, or part of a document, that may lawfully be seized: to access and copy intangible material from computers and a computer system or other data storage devices lo- 35 (b) (c) (d) (e) (f) (g) (h) (i) 96 Search
 and Surveillance Bill Part 4 cl 109 5 cated at or accessible from (in whole or in part) at the place, vehicle, or other thing searched (including copy- ing by means of previewing, cloning, or other foren- sic methods either before or after removal for examin- ation): to use any reasonable measures to— (i) gain access to any computer system or other data storage device that is located (in whole or in part) at the place or in the vehicle or other thing to be searched, or that can be accessed from a com- 10 puter or other data storage device that is at that place or in that vehicle or other thing; and create a forensic copy of any material in such a computer system or other data storage device: to take photographs, sound and video recordings, and 15 drawings of the place, vehicle, or other thing searched, and of any thing found in that place, vehicle, or other thing, if the person exercising the power has reason- able grounds to believe that the photographs or sound or video recordings or drawings may be relevant to the 20 purposes of the entry and search.
(ii) (j) (k) 108A Remote access search of thing authorised by warrant Every person executing a search warrant authorising a remote access search may— (a) access and copy intangible material from the thing be- 25 ing searched (including copying by means of preview- ing, cloning, or other forensic methods); and use reasonable measures to— (i) (ii) gain access to the thing; and create a forensic copy of material in the thing.
(b) 30 109 Items of uncertain status may be seized If a person exercising a search power is uncertain whether any item found may lawfully be seized, and it is not reasonably practicable to determine whether that item can be seized at the place or vehicle where the search takes place, the person exer- 35 cising the search power may remove the item for the purpose 97 Part 4 cl 110 Search and Surveillance Bill of examination or analysis to determine whether it may be law- fully seized.
110 Powers of persons called to assist (1) (c) (d) Every person called on to assist a person exercising a search power is subject to the control of the person with overall re- 5 sponsibility for exercising that power.
Every person called on to assist a person exercising a search power may— (a) enter the place, vehicle, or other thing to be searched: (b) while under the direction of the person exercising the 10 power, use reasonable force in respect of any property for the purposes of carrying out the entry and search and any lawful seizure: search areas within the place, vehicle, or other thing that the person exercising the power has determined may 15 lawfully be searched: if and only if section 111(2) applies to the person ex- ercising the power, detain any person who is at the place or in the vehicle or other thing being searched, or who arrives there while the search is being undertaken (us- 20 ing reasonable force if necessary), to enable the person exercising the power to determine whether the person is connected with the object of the search: seize any thing that may lawfully be seized: take photographs, sound and video recordings, and 25 drawings of the place, vehicle, or other thing, and things found in the place, vehicle, or other thing, if the person exercising the power has determined that those things may be lawfully taken: bring into or onto the place, vehicle, or other thing 30 searched and use any equipment, make use of any equipment found on the place or in the vehicle or other thing, or extract electricity from the place, vehicle, or other thing for the purposes of operating the equipment that the person exercising the power has determined 35 may be lawfully used: (e) (f) (g) (ga) bring in and use in or on the place, vehicle, or other thing searched a dog (being a dog that is trained to under- (2) 98 (h) (i) (j) Search and Surveillance Bill Part 4 cl 110A take searching for law enforcement purposes and that is under the control of its usual handler): access and copy intangible material from computers and a computer system or other data storage devices lo- cated (in whole or in part) at or accessible from the 5 place, vehicle, or other thing searched (including copy- ing by means of previewing, cloning, or
 other foren- sic methods either before or after removal for examin- ation): copy any document, or part of a document, that the per- 10 son exercising the power has determined may be law- fully copied: use any reasonable measures to— (i) gain access to any computer system or other data storage device that is located (in whole or in part) 15 at the place or in the vehicle or other thing to be searched, or that can be accessed from a com- puter or other data storage device that is at that place or in that vehicle or other thing; and create a forensic copy of any material in such a 20 computer system or other data storage device.
(ii) If a constable is assisting another person exercising the search power, that constable may, without any direction or supervi- sion by the person he or she is assisting, exercise any power ordinarily exercisable by that constable.

The person exercising the search power must— (a) accompany any assistant on the first occasion when the assistant enters the place, vehicle, or other thing to be searched; and provide such other supervision of any assistant as is rea- 30 sonable in the circumstances.
(b) 25 (3) (4) (5) Subsection (4) does not apply if the assistant is a constable.
110A Powers of persons called to assist remote access search Every person called on to assist a person executing a search warrant authorising a remote access search may— (a) access and copy intangible material from the thing be- ing searched (including copying by means of preview- ing, cloning, or other forensic methods); and 35 99 Part 4 cl 111 Search and Surveillance Bill (b) use reasonable measures to— (i) (ii) gain access to the thing; and create a forensic copy of material in the thing.
111 Limitation on exercise of powers (1) The powers conferred by sections 108 to 110A are subject 5 to— (a) any conditions imposed under section 101(3)(b) by an issuing officer who issues a search warrant: subpart 4 of this Part (which relates to privilege and confidentiality).
(b) 10 The powers conferred by sections 108(d), 110(2)(d), and 114(1) to detain a person may only be exercised by a person who has power to arrest the person to be detained— (a) (b) for a suspected offence to which the search relates; or for a suspected offence to which evidential material that 15 is discovered in the course of the search relates.

To avoid doubt, the powers conferred by sections 108(c) and 110(2)(b) do not authorise the application of force to any person.
Giving directions 20 Securing place, vehicle, or other thing to be searched The person carrying out a search may, in a manner and for a duration that is reasonable for the purposes of carrying out the search,— (a) secure the place, vehicle, or other thing searched, any 25 area within that place, vehicle, or other thing, or any thing found within that place, vehicle, or other thing: exclude any person from the place, vehicle, or other thing searched, or from any area within the place, ve- hicle, or other thing, or give any other reasonable di- 30 rection to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of any power under this subsection.
(b) (2) (3) 112 (1) 100 Search and Surveillance Bill Part 4 cl 113 (2) A person who exercises any power under subsection (1) must, on the request of any person affected by the exercise of the power,— (a) (b) identify himself or herself; and advise the person affected of the reason and authority 5 for the exercise of the power.
Establishing search scene 113 (1) Special powers where application for search warrant pending If an application for a search warrant is about to be made or 10 has been made and has not yet been granted or refused by an issuing officer, an enforcement officer present at the place or vehicle that is or is to be the subject of the application may, if authorised by subsection (1A),— (a) enter and secure the place, vehicle, or other thing in 15 respect of which authorisation to enter and search is being sought, and secure any item or items found at that place or in that vehicle or other thing, at any time that is reasonable in the circumstances: requestdirect any person to assist with the entry and se- 20 curing of the place or vehicle or other thing or the secur- ing of items in it (including, without limitation, a mem- ber of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi).
(b) (1A) The powers conferred by subsection (1) may be exercised 25 if the enforcement officer has reasonable grounds to believe that evidential material may be destroyed, concealed, altered, damaged, or removed before a decision is taken to grant or refuse the issue of a search warrant.
The powers conferred by subsection (1) may be exercised 30 until the first of the following occurs: (a) (2) the expiry of 6 hours from when the power is first exer- cised: the warrant is available for execution at that place or vehicle or in respect of that other thing: the application for a search warrant is refused.
35 (b) (c) 101 Part 4 cl 114 Search and Surveillance Bill (3) A person who exercises any power under subsection (1) must, on the request of any person affected by the exercise of the power,— (a) (b) identify himself or herself; and advise the person affected of the reason and authority 5 for the exercise of the power.
Detention of person at search scene 114 Powers of detention incidental to powers to search places (1) and vehicles If any constable or other person (being a person to whom sec- 10 tion 111(2) applies) exercises a search power in relation to a place or vehicle, that constable or other person may, for the purposes of determining whether there is any connection be- tween a person at the place or in the vehicle and the object of the search, detain any person— (a) who is at the place or in the vehicle at the commence- ment of the search; or 15 (b) who arrives at the place or stops at, or enters, or tries to enter, the vehicle while the search is being carried out.
(2) A person may be detained under subsection (1) for any 20 period that is reasonable, but not for longer than the duration of the search.

(3) A detention of any person commences under subsection (1) when the constable or other person exercising the search power directs that person to remain at the place or in the 25 vehicle and ends when that person is told by the constable or other person exercising the search power that he or she is free to leave the place or vehicle.
Reasonable force may be used for the purpose of effecting and continuing any detention under subsection (1).

This section does not limit the powers conferred by section 108(d) or 110(2)(d).
(5) (4) 30 Powers of search incidental to powers of arrest 115 Powers of search incidental to power of arrest (1) If any person who may exercise a power of arrest is searching a 35 place or vehicle, he or she may search any person found at the 102 Search and Surveillance Bill Part 4 cl 116 (2) (3) place or in the vehicle, or who arrives at the place or stops at, or enters, or tries to enter the vehicle, if the person conducting the search has reasonable grounds to believe that evidential material that is the object of the search is on that person.
If any person who may exercise a power of arrest is searching a 5 place or vehicle, he or she may search any person found at the place or in the vehicle, or who arrives at the place or stops at, or enters, or tries to enter the vehicle, if the person conducting the search— (a) has reasonable grounds to suspect that the person is in 10 possession of a dangerous item that poses a threat to safety; and believes that immediate action is needed to address that threat.
(b) If any item referred to in subsection (2)(a) is seized, it must, 15 unless possession of the item constitutes an offence, be re- turned to the person from whom it was taken either— (a) once the search has been completed; or (b) when the person who conducted the search is satisfied that there is no longer any threat to safety.
20 116 Powers of search when suspect pursued (1) If any person who may exercise a power of arrest intends to conduct a search of a person or vehicle, but that person or vehicle leaves before the search is undertaken or completed, the person who intended to conduct the search may,— (a) on apprehending the person or vehicle, search the per- son or vehicle; and enter private property for the purpose of apprehending the person or vehicle.
(b) 25 (2) A person may not exercise the powers conferred by subsec- 30 tion (1)(a) or (b) unless— (a) (b) the person was freshly pursuing the person to be searched from the location of the intended search, when the person was apprehended; and the person intending to conduct the search has reason- 35 able grounds to believe that relevant evidential material is still on the person who is to be searched, or in the ve- hicle.
103 Part 4 cl 117 Search and Surveillance Bill Stopping vehicles with or without warrant for purposes of search 117 Stopping vehicles with or without warrant for purposes of search (1) An enforcement officer may stop a vehicle to conduct a search 5 under a power to search without a warrant conferred on that officer by this Act or any relevant enactment specified in col- umn 2 of the Schedule to which this section applies if he or she is satisfied that he or she has grounds to search the vehicle.
(2) An enforcement officer may stop a vehicle to conduct a search 10 under a power to search with a warrant issued under this Act or any relevant enactment specified in column 2 of the Sched- ule to which this section applies if he or she is satisfied that the warrant has been issued and is in force.
Moving vehicle for safekeeping and other purposes 118 Moving vehicle for purpose of search, safekeeping, or road safety An enforcement officer may move a vehicle to another place if he or she finds or stops the vehicle and he or she— (a) has lawful authority to search the vehicle, but it is im- practicable to do so at that place; or has reasonable grounds to believe that it is necessary to move the vehicle for safekeeping or for road safety purposes.
(b) 15 20 25 Seizure of items in plain view Seizure of items in plain view 119 (1) An enforcement officer who exercises a search power or who is lawfully in any place as part of his or her duties may seize any item or items that he or she, or any person assisting him 30 or her, finds in the course of carrying out the search or as a result of observations at that place, if the enforcement officer has reasonable grounds to believe that he or she could have seized the item or items under— (a) any search warrant that could have been obtained by 35 him or her under this Act or any other enactment; or 104 Search and Surveillance Bill Part 4 cl 120 (2) (b) any other search power exercisable by him or her under this Act or any other enactment.
If an enforcement officer seizes any item or items under sub- section (1), in circumstances where he or she is not already exercising a search power, the enforcement officer may exer- 5 cise any applicable power conferred by section 108 in rela- tion to the seizure of the item or items.
Search of persons 120 Special rules about searching persons (1) If a person exercises a power to search a person, the person 10 exercising the power— (a) must identify himself or herself either by name or unique identifier; and (b) must advise the person to be searched of the authority and reason for the search, unless it is impracticable to 15 do so in the circumstances; and (c) may detain the person to enable the search to be carried out (whether at the place of initial detention or while the person is travelling to or is at any other place where the search is carried out), but only for as long as is necessary 20 to achieve that purpose; and (d) may use any force that is reasonable for the purposes of the search; and (f) (e) may, in conducting the search, use any equipment or aid to facilitate the search, if it is used in a way that— involves no or minimal contact; and (i) (ii) is reasonable in the circumstances; and may, if he or she considers that either or both of the fol- lowing are in the interests of the person to be searched, request: (i) (ii) the assistance of a medical practitioner or nurse: the assistance of a parent, guardian, or other per- son for the time being responsible for the day-to- day care of the person to be searched; and 25 30 (g) if the search is to be a strip search, may request the 35 assistance of another enforcement officer (whether or not employed or engaged in the same or a different law enforcement agency) who is— 105 Part 4 cl 121 Search and Surveillance Bill (i) (ii) authorised under any other enactment to conduct strip searches; and of the same sex as the person to be searched; and (h) may search any item that— (i) (ii) the person is wearing or carrying; or is in the person’s physical possession or immedi- ate control.
5 (2) (1A) A person who carries out a strip search, rub-down search, or any other personal search must conduct the search with de- cency and sensitivity and in a manner that affords to the per- 10 son being searched the degree of privacy and dignity that is consistent with achieving the purpose of the search.
If a person exercises a power to search a person, or searches a person with his or her consent, the person exercising the power must ensure that an inventory of any items seized as a result 15 of the search is prepared promptly and that a copy is given to the person searched.

Subsection (2) does not apply in respect of a search con- ducted under section 20.
(3) (4) Nothing in subsection (1)(e) permits a person carrying out a 20 rub-down search under sections 83 to 85 (rub-down search of arrested or detained person) to carry out a more intrusive search than is described in those sections.
121 Guidelines and rules about use of strip searching (1) The chief executive of a law enforcement agency that employs 25 persons who may exercise a power, under an enactment, to search the a person must issue guidelines to those employ- ees concerning the circumstances (if any) under which a strip search may be conducted by any of those employees.
(1A) The chief executive of a law enforcement agency who issues 30 guidelines under subsection (1) must ensure that a copy of those guidelines is publicly available on the agency’s Internet site.

(2) A search of the person is not unlawful by reason only of failure by the person conducting the search to comply with a guideline 35 issued under subsection (1).
106 Search and Surveillance Bill Part 4 cl 124 (3) A strip search may be carried out only by a person of the same sex as the person to be searched, and no strip search may be carried out in view of any person who is not of the same sex as the person to be searched.
Search warrants to enter and search vehicles 5 122 Search warrants to enter and search vehicles If a search warrant is issued authorising the entry and search of a vehicle, the person executing the warrant may enter any place where the person has reasonable grounds to believe that the vehicle is, for the purpose of locating it and searching it.
10 Provision of particulars and other information 123 Power to require particulars If a person exercises a power to stop or search a vehicle, the person exercising the power may require— (a) any or all persons in the vehicle to supply their name, 15 address, date of birth, and other contact details: the vehicle to remain stopped for as long as is reason- ably necessary to undertake the search.
(b) Duty to remain stopped 123 Duty to remain stopped If an enforcement officer exercises a power to stop or search a vehicle, the enforcement officer may require the vehicle to remain stopped for as long as is reasonably necessary for the purposes of the stopping or to undertake the search.
Duty to provide information 124 Duty to provide information 20 25 If a person an enforcement officer exercises a power to stop a vehicle, that person he or she must, immediately after stopping the vehicle,— (a) identify himself or herself to the driver of the vehicle, 30 either by name or unique identifier; and inform the driver of the person’s officer’s authority to stop the vehicle; and (b) 107 Part 4 cl 125 Search and Surveillance Bill (c) if not in Police uniform, produce evidence of his or her identity, if the driver requests proof of identity.
Computer system searches 125 Duty of persons with knowledge of computer or computer network system or other data storage devices to assist access 5 (1) A person exercising a search power at any place or vehicle or in respect of any other thing may require a specified person to provide access information and other information or assistance that is reasonable and necessary to allow the person exercising 10 the search power to access data held in, or accessible from,— a computer system that is located (in whole or in part) at (a) the place or in the vehicle or other thing being searched: any other data storage device that is located (in whole or in part) at the place or in the vehicle or other thing 15 being searched.
(b) In this section,— access information includes access codes, passwords, and en- cryption keys, and any related information that enables access to a computer or other data storage device specified person is a person who— (a) 20 is the owner or lessee of the computer or other data stor- age device, or is in possession or control of the computer or other data storage device, an employee of any of the above, or any service provider who provides service to 25 the above and holds access information; and has relevant knowledge of— (i) the computer or a computer network of which the computer or other data storage device forms a part; or 30 (b) (ii) measures applied to protect data held in, or ac- cessible from, the computer or other data storage device.
In this section, specified person is a person who— (a) is the owner or lessee of the computer system or other 35 data storage device, or is in possession or control of the computer system or data storage device, an employee of (2) (2) 108 5 10 Search and Surveillance Bill Part 4 cl 125 (b) any of the above, or any service provider who provides service to the above and holds access information; and has relevant knowledge of— (i) the computer system or other data storage device; or (ii) measures applied to protect data held in, or ac- cessible from, the computer system or other data storage device.
(3) A specified person may not be required under subsection (1) (4) (5) to give any information tending to incriminate the person.
Subsection (3) does not prevent a person exercising a search power from requiring a specified person to provide informa- tion that— (a) is reasonable and necessary to allow the person exercis- ing the search power to access data held in, or accessible 15 from, a computer system or other data storage device that— (i) is at the premises or in the place, vehicle, or other thing to be searched; and contains or may contain information tending to 20 incriminate the specified person; but (ii) (b) does not itself tend to incriminate the specified person.
Subsection (3) does not prevent a person exercising a search power from requiring a specified person to provide assistance that is reasonable and necessary to allow the person exercising 25 the search power to access data held in, or accessible from, a computer system or other data storage device that— (a) is at the premises or in the place, vehicle, or other thing concerned; and contains or may contain information tending to incrim- 30 inate the specified person.
(b) (6) Subsections (1), (4), and (5) are subject to subpart 4 of Part 4 of this Part (which relates to privilege and confiden- tiality).
109 Part 4 cl 126 Search and Surveillance Bill Identification and notice 126 Identification and notice requirements for person exercising search power (other than remote access search) (1) A person exercising a search power (other than a remote access (b) search) must,— (a) 5 10 before initial entry into or onto the place or vehicle or other thing to be searched,— (i) announce his or her intention to enter and search the place, vehicle, or other thing under a statutory power; and identify himself or herself; and (ii) before or on initial entry into or onto the place or ve- hicle, or other thing to be searched,— (i) give the occupier of the place or the person in charge of the vehicle or other thing a copy of the 15 search warrant or advice about the enactment (the authority) that authorises him or her to conduct the entry and search; and produce to the occupier of the place or any person in charge of the vehicle or other thing evidence of 20 his or her identity (which may include details of a unique identifier instead of a name).
(ii) 25 (b) The person exercising the search power is not required to com- ply with subsection (1) if he or she has reasonable grounds to believe that— (a) no person is lawfully present in or on the place, vehicle, or other thing to be searched; or compliance with subsection (1)(a) would— (i) (ii) endanger the safety of any person; or prejudice the successful exercise of the entry and 30 search power; or prejudice ongoing investigations.
The person exercising the search power may use reasonable force in order to effect entry into or onto the place, vehicle, or other thing if— (a) (b) subsection (2) applies; or following a request, the person present refuses entry or does not allow entry within a reasonable time.
(iii) 35 (2) (3) 110 (4) (5) (6) Search and Surveillance Bill Part 4 cl 126 (b) If the occupier of a place is not present at any time during the search, or no person is in charge of the vehicle or other thing during the search, the person carrying out the search must,— on completion of the search, leave a copy of the author- (a) ity referred to in subsection (1)(b)(i) and the notice 5 referred to in subsection (5) in a prominent position at the place, or in or on the vehicle, or other thing; or if this is not reasonably practicable, provide the copy of the authority referred to in subsection (1)(b)(i) and the notice referred to in subsection (5) to the occupier of 10 the place or the owner of the vehicle or other thing no later than 7 days after the exercise of the power.
The notice required by subsection (4) is a written notice con- taining the following particulars: (a) the date and time of the commencement and completion 15 of the search: the name or unique identifier of the person who had overall responsibility for that search: the address of the office to which inquiries should be made: if nothing is seized, the fact that nothing was seized: if anything was seized, the fact that seizure occurred and (if an inventory is not provided at the same time under sections 127 to 129) that an inventory of the things seized will be provided to the occupier of the place or 25 person in charge of the vehicle or other thing no later than 7 days after the seizure.
20 (b) (c) (d) (e) For the purposes of this section and sections 127 to 129,— the following persons may not be treated as the occupier (a) of the place or the person in charge of a vehicle or other 30 thing: (i) any person who is under 14 years of age (unless section 92(2) applies to that person): any person who the person executing the warrant has reasonable grounds to believe is not the occu- 35 pier of the place or person in charge of the vehicle or other thing: (ii) (b) every reference to a copy of the authority referred to in subsection (1)(b)(i) means, in a case where a search 111 Part 4 cl 126A Search and Surveillance Bill is undertaken without a search warrant, written advice about the enactment that authorises the search.
Subsections (4) and (5) are subject to sections 128 and 129.

This section does not apply to a remote access search.
(7) (8) 126A Identifications and notice requirements for remote access search (1) A person who conducts a remote access search must, on com- pletion of the search, send an electronic message to the email address of the thing searched— (a) (b) attaching a copy of the search warrant; and setting out the following particulars: (i) 5 10 the date and time of the commencement and com- pletion of the search: the name and unique identifier of the person who 15 had overall responsibility for that search: the address of the office to which inquiries should be made.
(ii) (iii) If the person conducting the search is unable to deliver the electronic message required by subsection (1) (or it is re- 20 turned undelivered), the person must take all reasonable steps to identify the user of the thing searched and to send the infor- mation referred to in subsection (1)(a) and (b) to that per- son.
25 Inventory of items seized The person who carries out a search must, at the time he or she seizes any thing, or as soon as practicable after the seizure of any thing, and in any case not later than 7 days after that seizure, provide to the occupier of the place, or the person in charge of the vehicle or other thing, from where the seizure 30 took place, and to every other person who the person who car- ried out the search has reason to believe is the owner of the thing that was seized,— (a) (b) written notice specifying what was seized; and a copy of 126(1)(b)(i).
the authority referred to in section 35 (2) 127 (1) 112 Search and Surveillance Bill Part 4 cl 128 (2) A written notice referred to in subsection (1)(a)— (a) must contain information about the extent to which a person from whom a thing was seized or the owner of the thing has a right to apply— (i) (ii) to have access to the thing; or to have access to any document relating to the application for a search warrant or the exercise of any other search power that led to the seizure; and 5 (c) (b) must contain information about the right to bring a 10 claim that any privileged or confidential information has been seized; but need not be provided to the occupier of the place or per- son in charge of the vehicle or other thing from which the seizure took place, if the person who carries out 15 the search is satisfied that none of the items seized are owned by that person.
If the occupier of the place or person in charge of the vehicle or other thing is not present at the time of seizure, a written notice referred to in subsection (1)(a) and a copy of the authority 20 referred to in section 126(1)(b)(i) may be provided to that person by leaving the notice in a prominent position at the place, or in or on the vehicle, or other thing.

Subsection (1) is subject to subsections (2) and (3).

This section is subject to sections 128 and 129.


25 (3) (4) (5) 128 Compliance with certain provisions may be deferred in certain circumstances (1) A person exercising a search power may apply to a District Court Judge for a postponement of the obligation to comply with section 126(4) or (5) or 127 on the grounds that com- 30 pliance would— (a) (b) endanger the safety of any person; or prejudice ongoing investigations.
(2) An application may be made under subsection (1),— (a) in the case of an entry and search power that is a search 35 warrant, at the time of the initial application or until the expiry of 7 days after the warrant is finally executed; or 113 Part 4 cl 129 Search and Surveillance Bill (b) in the case of any other entry and search power, until the expiry of 7 days after the search power is exercised.
(3) On an application under subsection (1), the District Court Judge may postpone for a specified period not exceeding 12 months the obligation to comply with section 126(4) or 5 (5) or 127, if the Judge is satisfied that there are reasonable grounds for believing that compliance would— (a) (b) endanger the safety of any person; or prejudice ongoing investigations.
129 Further postponement of, or dispensation from, obligation 10 to comply with certain provisions (1) A person who has obtained an order under section 128(3) may, before the expiry of that order, apply to a District Court Judge for a further postponement of, or dispensation from, the obligation to comply with section 126(4) or (5) or 127 on 15 the grounds that compliance would— (a) (b) endanger the safety of any person; or prejudice ongoing investigations.
(2) An application for a further postponement may only be made on 1 occasion.

(3) On an application under subsection (1), the District Court Judge may postpone for a further specified period not exceed- ing 12 months, or order a permanent dispensation from, the obligation to comply with section 126(4) or (5) or 127 if the Judge is satisfied that compliance would— (a) (b) endanger the safety of any person; or prejudice ongoing investigations.
20 25 (4) A District Court Judge may not grant, under subsection (3), any postponement of, or dispensation from, an obligation in re- spect of any thing that has been seized, unless the thing seized 30 is— (a) (b) a copy or clone of any information taken or made; or a thing the possession of which by the person from whom it was seized is unlawful under New Zealand law (for example, a controlled drug that is found in the pos- 35 session of a member of the public in circumstances in which possession by the person of the controlled drug is an offence against the Misuse of Drugs Act 1975).
114 130 Recognition of privilege (1) Search and Surveillance Bill Part 4 cl 130 Subpart 4—Privilege and confidentiality General 5 (f) 15 10 (e) (c) (d) (b) The following privileges are recognised for the purposes of this subpart: (a) legal professional privilege, to the extent that (under section 53(5) of the Evidence Act 2006) it forms part of the general law: privilege for communications with legal advisers (as de- scribed in section 54 of the Evidence Act 2006): privilege for preparatory material to materials for pro- ceedings (as described in section 56 of the Evidence Act 2006): privilege for settlement negotiations or mediation (as described in section 57 of the Evidence Act 2006): privilege for communications with ministers of religion (as described in section 58 of the Evidence Act 2006): privilege in criminal proceedings for information ob- tained by medical practitioners and clinical psycholo- gists (as described in section 59 of the Evidence Act 20 2006): to the extent provided in section 132, and only to that extent, any privilege against self-incrimination (as de- scribed in section 60 of the Evidence Act 2006): privilege for informers (as described in section 64 of the 25 Evidence Act 2006): the rights conferred on a journalist under section 68 of the Evidence Act 2006 to protect certain sources.
For the purposes of this subpart, no privilege applies in re- spect of any communication or information if there is a prima 30 facie case that the communication or information is made or received, or compiled or prepared,— (a) (b) for a dishonest purpose; or to enable or aid any person to commit or plan to commit what the person claiming the privilege knew, or ought 35 reasonably to have known, to be an offence.
(g) (h) (i) (2) 115 Part 4 cl 131 Search and Surveillance Bill 131 Lawyers’ trust accounts (1) Subsection (2) applies to documents that are books of ac- count or accounting records kept— (a) by a solicitor in relation to any trust account money that is subject to section 112 of the Lawyers and Con- 5 veyancers Act 2006; or by a nominee company that— (i) (b) is subject to practice rules made by the Council of the New Zealand Law Society under section 96 of the Lawyers and Conveyancers Act 2006; 10 and is operated by a barrister and solicitor or an in- corporated law firm as a nominee in respect of securities and documents of title held for clients.
(ii) (2) The application by section 130 of this Act of section 54 of 15 the Evidence Act 2006 (which relates to the privilege for com- munications with legal advisers) does not prevent, limit, or af- fect— (a) the making of a production order, issuing of a search warrant, or exercise of any other search power in respect 20 of a document to which this subsection applies; or the obligation to comply with that production order, search warrant, or other search power in respect of a document to which this subsection applies; or the admissibility, in a criminal proceeding for an of- 25 fence described in the production order or search war- rant or for an offence in respect of which any other search power was exercised, of any evidence that re- lates to the contents of a document obtained under the production order or search warrant, or as the result of 30 the exercise of any other search power.
(b) (c) Examination orders and production orders 132 Privilege against self-incrimination (1) An examination order or a production order does not affect the privilege against self-incrimination that an individual may 35 have under section 60 of the Evidence Act 2006.

116 Search and Surveillance Bill Part 4 cl 133 (2) Any assertion of a privilege against self-incrimination must be (3) (4) (5) based on section 60 of the Evidence Act 2006.
If any individual refuses to produce any information or docu- ment or to answer any question on the ground that it is a priv- ileged communication under section 60 of the Evidence Act 5 2006, the Commissioner or other enforcement officer con- cerned may apply to a District Court Judge for an order de- termining whether or not the claim of privilege is valid.
For the purposes of determining any application referred to in subsection (3), the individual must offer sufficient evidence 10 to enable the District Court Judge to assess whether self-in- crimination is reasonably likely if the individual produced the information or the document or answered the question.

Section 63 of the Evidence Act 2006 does not apply to an examination order or to a production order.
15 133 Other privileges (1) If a person against whom an examination order or a production order is made could, in a criminal proceeding, assert a privil- ege recognised for the purposes of this subpart, the person is taken to have the same privilege in respect of either order.
If any person refuses to disclose any information on the ground that it is privileged under this section, the Commissioner or other enforcement officer concerned may apply to a District Court Judge for an order determining whether or not the claim of privilege is valid.

For the purpose of determining any application, the District Court Judge may require the information or document to be produced to him or her.
20 25 (2) (3) (4) A District Court Judge may must, on the application of the Commissioner or other enforcement officer, disallow a priv- 30 ilege claim under this section if the Judge is satisfied that the claim to privilege would, under section 67(1) of the Evidence Act 2006, be disallowed in a proceeding.
117 Part 4 cl 134 Search and Surveillance Bill Surveillance 134 Effect of privilege on surveillance conducted under this Act (1) A person who has a privilege recognised by this subpart has 5 the right— (a) (b) to prevent, to the extent that it is reasonably practicable to do so, the surveillance under this Act of any com- munication or information to which the privilege would apply if it were sought to be disclosed in a proceeding: to require the destruction of any record of any such com- 10 munication or information, to the extent that this can be achieved without destruction of any record of any other communication or information.
(2) A person who is undertaking surveillance authorised by this Act (whether under a surveillance device warrant or otherwise) 15 must— (a) take all reasonable steps to prevent the interception of any communication or information to which a privilege recognised by this subpart would apply if the commu- nication or information were sought to be disclosed in 20 a proceeding: destroy any record of a communication or information made as a consequence of the surveillance to which a privilege recognised by this subpart would apply if the communication or information were sought to be dis- 25 closed in a proceeding, unless that is impossible or im- practicable without destroying a record of information to which such a privilege does not apply.
(3) A person undertaking surveillance under this Act who is un- (b) certain about whether this section applies to any information or 30 communication or record of a communication or information may apply to a District Court Judge for an order determining whether— (a) the communication or information can be the subject of surveillance; and any record of such communication or information is re- quired to be destroyed under this section.
35 (b) 118 Search and Surveillance Bill Part 4 cl 136 (4) (5) For the purposes of determining any application, the District Court Judge may require the record of the information or com- munication to be produced to him or her.
If evidence of any communication or information recorded as a consequence of surveillance under this Act is evidence to 5 which a privilege recognised under this subpart applies, that evidence is not admissible in any proceedings except— (a) with the consent of the person entitled to waive that privilege; and if the court agrees to admit it.
(b) 10 Search warrants and other search powers 135 Effect of privilege on search warrants and search powers A person who has a privilege recognised by this subpart makes a claim of privilege (being a privilege recognised by this sub- part) in respect of any thing that is seized or sought to be seized 15 has the right, in accordance with sections 136 to 141,— (a) to prevent the search under this Act of any communica- tion or information to which the privilege would apply if it were sought to be disclosed in a proceeding, pend- ing determination of the claim to privilege, and subse- 20 quently if the claim to privilege is upheld: to require the return of a copy of, or access to, any such communication or information to the person if it is seized or secured by a person exercising a search power, pending determination of the claim to privilege.
25 (b) 136 Search warrants that extend to lawyers’ premises or (1) (2) (3) material held by lawyers This section applies to the execution of a search warrant that authorises the search of materials held by a lawyer relating to a client.
If this section applies, the search warrant may not be executed unless— (a) (b) If the person who is to execute the search warrant is unable to 35 contact the lawyer or his or her representative, that person must the lawyer is present; or a representative of the lawyer is present.
30 119 Part 4 cl 137 Search and Surveillance Bill (4) instead contact the New Zealand Law Society and request that a person be appointed by the Society to represent the interests of the clients of the lawyer in relation to the search.
Before executing the search warrant, the person who is to exe- cute it must give the lawyer or his or her representative, or any 5 person appointed by the New Zealand Law Society under sub- section (3),— (a) the opportunity to claim privilege on behalf of the lawyer’s client; or the opportunity to make an interim claim of privilege if 10 instructions have not been obtained from the client.
(b) 137 Search warrant extending to certain other privileged 20 materials This section applies to the execution of a search warrant that authorises the search of professional material held by a minis- 15 ter of religion, medical practitioner, or clinical psychologist.

If this section applies, the search warrant may not be executed unless— (a) the minister of religion, medical practitioner, or clinical psychologist is present; or a representative of that person is present.
(b) If the person who is to execute the search warrant is unable to contact the minister of religion, medical practitioner, or clin- ical psychologist, or his or her representative, that person must instead contact the church or professional body to whom the 25 minister, medical practitioner, or clinical psychologist belongs and request the church or body to appoint a person to represent the interests of the parishioners, patients, or clients of the min- ister, medical practitioner or clinical psychologist, in relation to the search.
Before executing the search warrant, the person executing it must give the minister of religion, medical practitioner, or clin- ical psychologist, or his or her personal representative, or the person appointed by the church or professional body under subsection (3),— (a) the opportunity to claim privilege on behalf of parish- ioners, patients, or clients of the minister of religion, medical practitioner, or clinical psychologist; or 30 35 (1) (2) (3) (4) 120 Search and Surveillance Bill Part 4 cl 139 (b) the opportunity to make an interim claim of privilege if the minister, medical practitioner, or clinical psychol- ogist, or his or her representative or person appointed under subsection (3) is unable to immediately contact the parishioners, patients, or clients.
5 138 Searches otherwise affecting privileged materials (1) This section applies if— (a) (b) a person executes a search warrant; or or exercises an- other search power; and a person exercising a search power he or she has rea- 10 sonable grounds to believe that any thing discovered in the search may be the subject of a privilege recognised by this subpart.
(2) If this section applies, the person responsible for executing the search warrant or other person exercising the search power— 15 (a) must provide any person who he or she believes may be able to claim a privilege recognised by this subpart a reasonable opportunity to claim it; and (b) may, if the person executing the search warrant or ex- ercising the other search power is unable to identify or 20 contact a person who may be able to claim a privilege, or that person’s lawyer, within a reasonable period,— (i) apply to the District Court for a determination as to the status of the thing; and do any thing necessary to enable that court to 25 make that determination.
(ii) 139 Interim steps pending resolution of privilege claim If a person executing a search warrant or exercising a another search power is prohibited under section 135, 136, 137, or 138 from searching any thing unable, under section 135, 30 136, 137, or 138 to search a thing (whether as a result of the requirements of any of those provisions, or because of a claim of privilege made in respect of the thing, or for any other rea- son), the person— (a) may— (i) secure the thing; and 35 121 Part 4 cl 140 Search and Surveillance Bill (ii) (iii) if the thing is intangible (for example, computer data), secure the thing by making a forensic copy; and deliver the thing, or a copy of it, to the District Court, to enable the determination of a claim to 5 privilege; and (b) must supply the lawyer or other person who may or does claim privilege with a copy of, or access to, the secured thing; and (c) must not search the thing secured, unless no claim of 10 privilege is made, or a claim of privilege is withdrawn, or the search is in accordance with the directions of the court determining the claim of privilege.
140 Claims for privilege for things seized or sought to be seized Any person who wishes to claim privilege in respect of any thing seized or sought to be seized by a person executing a search warrant or exercising a another search power— (a) must provide the person responsible for executing the 15 search warrant or exercising the other search power with 20 a particularised list of the things in respect of which the privilege is claimed, as soon as practicable after being provided with the opportunity to claim privilege or be- ing advised that a search is to be, or is being, or has been conducted, as the case requires; and if the thing or things in respect of which the privilege is claimed cannot be adequately particularised in accord- ance with paragraph (a), may apply to a District Court for directions or relief (with a copy of the thing provided under section 139(b)).
30 25 (b) Admission of evidence generally 141 Admission of evidence (1) If a District Court upholds a claim to privilege under section 132, 133, 134, 138, 139, or 140 in respect of any commu- nication or information, the communication or information to 35 which the privilege applies is not admissible in any proceed- ings arising from, or related to, the execution of the search 122 Search and Surveillance Bill Part 4 cl 143 warrant or exercise of the other search power or surveillance power or the carrying out of the examination order or produc- tion order, as the case requires.
Subject to subsection (1), this subpart does not limit or affect the admissibility of any evidence, or the discretion of any court 5 to admit or refuse to admit any evidence, in any proceedings.
(2) Subpart 5—Procedures applying to seized or produced materials 142 Disposal of things seized or produced (1) If any thing is produced under a production order or is seized 10 under a search warrant or under a search power conferred by this Act or a relevant enactment an enactment specified in col- umn 2 of the Schedule to which this section applies, it must be dealt with in accordance with this subpart.
(2) However, this subpart is subject to— (a) (b) (c) section 13 (which deals with property taken from people locked up in Police custody); and subpart 4 of Part 4 of this Part (which relates to priv- ilege and confidentiality); and any other enactment.
143 Certain things must be returned (1) A thing seized or produced must, if it is not required for inves- tigative or evidential purposes, or unless it is liable to forfei- ture to the Crown or any other person (whether by operation of law or by order of a court or otherwise), be— (a) returned to its owner or to the person entitled to posses- sion; or (b) made the subject of an application under section 147; (c) (d) or disposed of under section 153 or 154(1); or destroyed if— (i) (ii) it is perishable and has become rotten or has otherwise deteriorated; or it is perishable and is likely to become rotten or perish before it can be dealt with under any of 35 paragraphs (a) to (c) or section 156; or 15 20 25 30 123 Part 4 cl 144 Search and Surveillance Bill (2) (iii) Subsection (1)— (a) it is likely to pose a risk to public health.
does not affect the rights of retention conferred by sec- tion 154(2) or 155(1); and is subject to section 156.
5 (b) 144 Custody of things seized or produced (1) The A seized or produced thing may, if it is required for inves- tigative or evidential purposes, or it is liable to forfeiture to the Crown or any other person (whether by operation of law or by order of a court or otherwise), be held in the custody of the 10 person who exercised the search power or that person’s em- ployer or another person acting on behalf of that person or any other person to whom the thing is transferred in accordance with section 87(2) (except while it is being used in evidence or is in the custody of any court) until the first of the following 15 occurs: (a) a decision is made not to bring proceedings for an of- fence in respect of which the thing was seized or pro- duced: the thing is forfeited to the Crown or any other person 20 under any enactment (whether by operation of law or by order of a court or otherwise): the thing is released under section 151 or 152: if proceedings for an offence have not been commenced before the date that is 6 months after the thing was 25 seized or produced and a request has been made for the return of the thing, that date or the expiration of a later time ordered by a court under section 146: in any case where proceedings are brought,— (i) the withdrawal or dismissal of the proceedings; 30 or subject to sections 149 and 152, the comple- tion of the proceedings: (ii) (b) (c) (d) (e) (f) the seized or produced thing is disposed of under sec- tion 153.
35 (2) Once the relevant event stated in subsection (1)(a) to (e) occurs, the person in whose custody the property is must im- mediately release the thing in his or her custody,— 124 Search and Surveillance Bill Part 4 cl 147 (a) (b) in the case of a subsection (1)(a), (d), or (e) event, to the owner or to a person entitled to possession; or in the case of any other event, in the manner required by this Act.
(3) However, if the thing is seized or produced in relation to more 5 than 1 alleged offence, the person in whose custody the prop- erty is need not release the property until the first of the events described in subsection (1) has occurred in relation to each and every alleged offence.

This section is subject to sections 146 and 156.


10 (4) 145 Copies of things seized or produced If a photograph or a copy of a seized or produced thing will be adequate for investigative or evidential purposes, the person who exercised the search power, or that person’s employer or another person acting on behalf of that person, may, at his 15 or her discretion, return the thing to the owner or to a person entitled to possession.
146 Extension of time for holding thing seized or produced (1) If any person who seizes any thing, or to whom any thing is produced, or any other enforcement officer to whom the thing 20 is transferred, wishes to hold it for a period exceeding 6 months in circumstances where no proceedings for an offence in re- spect of which the thing is relevant have yet been brought and a request has been made for the return of the thing, the person may apply to the District Court for an extension of the time 25 during which the thing may be held.
(2) On an application under subsection (1), the District Court may— (a) (b) order an extension of time be granted to a specified date, to enable a determination to be made whether proceed- 30 ings should be brought; or decline to order an extension of time.
147 Disputed ownership of thing seized or produced (1) If a thing seized or produced is not to be produced in evidence but there is a dispute about its ownership, or it is perishable, or 35 125 Part 4 cl 148 Search and Surveillance Bill for any reason the person in whose custody it is, is uncertain as to to whom the thing should be returned (for example, because it is unclaimed), the person in whose custody the thing is may apply to the District Court for directions as to the ownership or holding of the property.
5 (2) On an application under subsection (1), the District Court may— (a) (b) (c) order that the thing be destroyed or, if any other enact- ment so authorises, forfeited to the Crown: order that the thing be delivered to the person appearing 10 to the court to be its owner entitled to possession of it: if the owner or person entitled to possession cannot be found, make any order with respect to its possession or sale the court thinks fit.
(3) If, after the making of an order under subsection (2) in rela- 15 tion to any property, an action is commenced against a Police employee or other another enforcement officer or the Crown or any law enforcement agency for the recovery of the thing or its value, the order and the delivery of the thing in accordance with the order may be given and must be received in evidence 20 in bar of the action.
(4) However, no such order or delivery affects the right of any persons entitled by law to possession of the thing to recover the thing from any person or body (other than a person or body referred to in subsection (3)).
25 148 Seized or produced property forfeit to the Crown if ownership not established (1) A thing that is seized or produced is forfeited to the Crown the owner or person entitled to possession of the thing 30 is not established within 60 days after the date on which the thing was seized or produced; and the thing— (i) is not, at the expiry of that period, still required for investigative or evidential purposes; and has not been disposed of or sold by order of the court within that period.
35 if— (a) (b) (ii) 126 Search and Surveillance Bill Part 4 cl 149 (2) For the purpose of trying to establish ownership of any thing to which this section applies, the person who has custody of the thing must (unless it is impossible or impracticable to make contact) advise the following people of the effect of this sec- tion: (a) any person who produced the thing or from whom the thing was seized: the occupier or owner of the place or vehicle where the thing was before it was produced or seized: any other person who, in the opinion of the person in 10 whose custody the thing is, may be affected by the for- feiture of the thing.
(b) (c) 5 Rights of owners and others in relation to things seized or produced 149 Application for release of or access to things seized or 15 (1) (2) produced The persons described in subsection (2) may apply, by writ- ten notice, to the person in whose custody the a seized or pro- duced thing is for the release of or access to it at any time be- fore proceedings are brought for an alleged offence in respect 20 of which the thing was seized or produced.
The persons are as follows: (a) the person who produced the thing or from whom the thing was seized: the owner or person entitled to possession of the seized 25 or produced thing: any person with a legal or equitable interest in the seized or produced thing.

(b) (c) (3) The person in whose custody the seized or produced thing is may release the thing to the applicant or provide reasonable 30 access to it.
(4) A person who receives an application for release of a thing, or access to it, may refuse that application on the ground that release of the thing or, as the case requires, access to it, is likely to prejudice the maintenance of the law.

35 (5) A release or provision of access to a thing may be— (a) unconditional; or 127 Part 4 cl 150 Search and Surveillance Bill (b) under bond for a sum (with or without sureties), and on conditions, acceptable to the person in whose custody the thing was is.
(6) If any person refuses an application under subsection (1), he or she must inform the applicant of the decision in writing.
5 150 Failure to comply with bond or conditions (1) If a person to whom a seized or produced thing is released or who is given access to it under section 149 fails to comply with any bond, surety, or condition imposed under subsec- tion (5)(b) of that section,— (a) 10 the thing may be seized again, or required to be pro- duced, or the ability to access the thing ended at the di- rection of the person who released it or provided access to it; and the person who released it or provided access to it may 15 apply to the District Court for an order for estreat of the bond.
(b) (2) (3) If any person applies for an order for estreat of the bond, the Registrar of the District Court must— (a) fix a time and place for the hearing of the application; 20 and not less than 7 days before the time fixed, cause to be served on every person bound by the bond a notice of the time and place for the hearing.
(b) If the District Court is satisfied that a condition of the bond 25 has not been complied with, the court may make an order to estreat the bond— (a) (b) in the amount that it thinks fit; and to any person bound by the bond on whom notice is proved to have been served under subsection (2).

30 (4) An amount payable under subsection (3) is recoverable as if it were a fine.
151 Application to District Court for access to thing seized or produced (1) A person described in section 149(2) may apply to the Dis- 35 trict Court for access to any thing seized by a person exercising 128 Search and Surveillance Bill Part 4 cl 152 a search power or produced to any person under a production order if the person has made an application under section 149 and it— (a) (b) has been refused; or has been granted, but subject to conditions that the ap- 5 plicant does not accept.
The District Court may either— (a) (b) grant the application; or refuse it on the ground that allowing the person to have access to the thing or varying or cancelling the condi- 10 tions concerned is likely to prejudice the maintenance of the law.

The District Court may require sureties and impose conditions if it grants an application under subsection (2), and sections 149 and 150 apply with any necessary modifications.
15 (2) (3) 152 Application to District Court for release of thing seized or produced (2) (1) A person described in section 149(2) may apply to the Dis- trict Court for the release of any thing seized by a person ex- ercising a search power or produced to a person under a pro- 20 duction order.
The court may release the thing to the applicant if it is satisfied that it would be contrary to the interests of justice for the item to be retained in custody, having regard to— the gravity of the alleged offence: (a) any loss or damage to the applicant that is caused or (b) likely to be caused by not returning the thing: the likely evidential value of the thing, having regard to any other evidence held by the law enforcement agency that employed or engaged the person who seized the 30 thing or to whom the thing was produced: (c) 25 (d) whether the evidential value of the thing can be ad- equately preserved by means other than by keeping it.
(3) A court may require sureties and impose conditions on a release under subsection (2), and sections 149 and 150 35 apply with any necessary modifications.

129 Part 4 cl 153 Search and Surveillance Bill (4) This section is subject to any enactment that requires an amount of any kind to be paid before any seized thing may be returned.
153 Disposal of unlawful items (1) Subsection (2) applies if a thing is seized or produced, the 5 possession of which by the person from whom it was seized or who was required to produce it is unlawful under New Zealand law (for example, a controlled drug that is found in the pos- session of a member of the public in circumstances in which possession by the person of the controlled drug is an offence 10 against the Misuse of Drugs Act 1975), and— (a) there is no mechanism provided for disposing of the thing or it has not been disposed of under any other enactment; and no order has been made by a court as to its disposal.
(b) If this subsection applies, the person who seized the thing or to whom the thing was produced may destroy it if— (a) notice is given to the person from whom the thing was seized or who was required to produce the thing, and that person either— (i) (ii) consents to its destruction; or does not within 30 working days object to its destruction; or 15 20 (2) (b) (c) the person to whom notice would otherwise be given under paragraph (a) cannot be located after reasonable 25 inquiries have been made; or in a case where a person objects to the destruction of the thing within 30 working days of receiving a notice under paragraph (a) and any person applies to a court to determine the status of the thing, the court is satis- 30 fied that the possession of the thing by the person from whom it was seized or who was required to produce it is unlawful under New Zealand law.
154 Disposal of forensic copies (1) A person who makes a forensic copy of any data held in a com- 35 puter system or other data storage device must, if he or she de- termines that the data does not contain any evidential material, 130 Search and Surveillance Bill Part 4 cl 156 ensure that the forensic copy and any copies made from that copy are deleted, erased, or otherwise destroyed in a way that prevents retrieval of the copy or copies by any method.
(2) However, if an examination of the data shows that it contains a mixture of data that is evidential material and data that is not 5 evidential material,— (a) the forensic copy of the data and any copies made of that copy may be retained in their entirety; and that forensic copy and any copies made of that copy may continue to be searched, if such a search was authorised 10 by the search power under which the data was seized and copied.
(b) 155 Other copies and generated material may be retained (1) Any thing made or generated by a person exercising a search or surveillance power (for example, photographs or audio or 15 video recordings or copies of things) may be retained as part of the permanent records of the employer of the person who exercises the search or surveillance power.

Subsection (1) is subject to sections 56A and 130, and any other enactment or rule of law.
20 (2) 156 Application to District Court to dispose of seized property (1) Any person who seizes any thing, or to whom any thing is produced, or any other enforcement officer to whom the thing is transferred, may apply to a District Court for an order that the thing be disposed of (by sale or otherwise) in the manner, 25 and at a time, that the court may direct if,— in the applicant’s opinion,— (a) (i) the thing concerned is perishable or likely to de- teriorate; or the cost of holding the thing is unreasonable hav- 30 ing regard to its market value; and (ii) (b) he or she the applicant has made reasonable efforts to advise the people described in section 149(2) of the intended application.
(2) The court may grant the order if it is satisfied that— (a) the thing is perishable or likely to deteriorate; or 35 131 Part 4 cl 157 Search and Surveillance Bill (b) the cost to the applicant or his or her employer, or to any other person to whom the thing might be transferred, of holding it is unreasonable having regard to its market value.
The applicant or his or her employer must hold in custody any 5 proceeds received from carrying out the order (less any deduc- tions permitted under subsection (4)) as if the proceeds were the seized property, and section 144(1) applies accordingly, with any necessary modifications.
The deductions referred to in subsection (3) are, in a case in 10 which the court orders that the thing be disposed of by sale, the costs of sale and any sums required to be paid to a security holder or other person as a condition of the order for sale.

If the court refuses the order, the applicant or his or her em- ployer or another person to whom the thing is transferred must 15 continue to hold the thing until it is released in accordance with section 144(2).
Subpart 6—Immunities Immunities of issuing officer An issuing officer who is not a Judge has the same immunities 20 as a District Court Judge.
Immunities in relation to the obtaining or execution of orders and warrants Every person is immune from civil or criminal liability— (a) for any act done in good faith in order to obtain an exam- 25 ination order, a production order, a search warrant, a surveillance device warrant, a residual warrant declara- tory order, or other order referred to in this Act: for any act done in good faith that is covered by a declaratory order: for any act done in good faith in relation to the execution of an examination order, a production order, a search warrant, a surveillance device warrant, a residual war- rant, or other order referred to in this Act, if the execu- tion is carried out in a reasonable manner.
30 35 (ab) (b) (3) (4) (5) 157 158 132 Search and Surveillance Bill Part 4 cl 162 159 Other immunities in relation to exercise of entry, search, (1) (2) (3) 160 or surveillance powers Every person is immune from civil and criminal liability for any act done in good faith in order to exercise an entry power, a search power, or a surveillance power if— (a) the power is exercised by that person in a reasonable manner; and the person believes on reasonable grounds that the pre- conditions for the exercise of that power have been sat- isfied.
(b) Every person is immune from civil and criminal liability for any act done in good faith and in a reasonable manner in order to assist a person to exercise an entry power, a search power, or a surveillance power, or in order to examine or analyse any thing that is seized.

In any civil proceeding in which a person asserts that he or she has an immunity under this section, the onus is on that person to prove those facts necessary to establish the basis of the claim.
Immunity of the Crown If any person is immune from civil liability under any of sec- tions 157 to 159 in respect of anything done or omitted to be done, the Crown is also immune from civil liability in tort in respect of that person’s conduct.
5 10 15 20 161 Relationship between sections 157 to 160 and other 25 enactments If there is any inconsistency between any of sections 157 to 160 and the provisions of any other enactment conferring, regulating, or limiting a privilege or immunity, sections 157 to 160 prevail.
30 Subpart 7—Reporting 162 Reporting of exercise of powers within law enforcement agency (1AA) Any constable who exercises a warrantless entry power, search power, or surveillance power conferred by Part 2 or 35 133 Part 4 cl 162A Search and Surveillance Bill 3 of this Act must provide a written report on the exercise of that power to the Commissioner or a Police employee desig- nated to receive reports of that kind by the Commissioner as soon as practicable after the exercise of the power.
(1) Any person (other than a constable) who exercises a warrant- 5 less entry power, search power, or surveillance power con- ferred by this Act or by a relevant enactment an enactment specified in column 2 of the Schedule must provide a writ- ten report on the exercise of that power to an employee desig- nated to receive reports of that kind by the chief executive of 10 the law enforcement agency concerned as soon as is practic- able after the exercise of the power.
(2) A report referred to in subsection (1AA) or (1) must— (a) (b) (c) contain a short summary of the circumstances surround- ing the exercise of the power, and the reason or reasons 15 why the power needed to be exercised: state whether any evidential material was seized or ob- tained as a result of the exercise of the power: state whether any criminal proceedings have been brought or are being considered as a consequence of 20 the seizure of that evidential material.
(3) This section does not require the provision of any report in respect of— (a) a rub-down search of a person that is undertaken in conjunction with their that person’s arrest or detention 25 under any enactment: any search of a person in lawful custody carried out under section 11 or under the Corrections Act 2004: the exercise of any power of entry that does not also confer a power of search: a search undertaken by consent.
30 (b) (c) (d) 162A Annual reporting of search and surveillance powers by Commissioner The Commissioner must include in every annual report pre- pared by him or her for the purposes of section 39 of the Public 35 Finance Act 1989— (1) 134 Search and Surveillance Bill Part 4 cl 162A (a) (b) (c) (d) (e) (f) the number of occasions on which entry or search powers under Part 2 or 3 of this Act were exercised without a warrant in the period covered by the report: the number of occasions on which warrantless surveil- lance powers under Part 3 of this Act were exercised 5 in the period covered by the report that involved the use of a surveillance device: the number of applications for an examination order that were granted or refused in the period covered by the report: in respect of each kind of surveillance device used with- out a warrant under Part 3 of this Act in the period covered by the report, the numbers of that kind of de- vice used— (i) (ii) for a period of no more than 24 hours: for a period of more than 24 hours but no more than 48 hours: 10 15 the number of persons charged in criminal proceedings where the collection of evidential material relevant to those proceedings was significantly assisted by the exer- 20 cise of a warrantless search or surveillance power, or by an examination conducted under an examination order, in the period covered by the report: the matters set out in section 164 in relation to surveil- lance device warrants and declaratory orders.
25 (2) This section does not require the Commissioner to include in any annual report information about— (a) a rub-down search of a person that is undertaken in con- junction with that person’s arrest or detention under any enactment: any search of a person in lawful custody undertaken under section 11 or under the Corrections Act 2004: the exercise of any power of entry that does not also confer a power of search: a search undertaken by consent: any prescribed search or surveillance, or search or surveillance of a prescribed kind, in any prescribed area or an area of a prescribed kind.
30 35 (b) (c) (d) (e) 135 Part 4 cl 163 Search and Surveillance Bill (3) In this section, and sections 163 and 164, kind of surveil- lance device means— (a) (b) (c) an interception device: a visual surveillance device: a tracking device.
5 163 Annual reporting of search and surveillance powers by (1) agencies other than Police The chief executive of a law enforcement agency (other than the Police) that employs or engages persons who may exer- cise an entry power, a search power, or a surveillance power 10 conferred by this Act or by a relevant enactment an enactment specified in column 2 of the Schedule must include in every annual report prepared by the chief executive for the purposes of section 39 of the Public Finance Act 1989, or any other ap- plicable enactment requiring an annual report to Parliament,— 15 the number of occasions on which entry or search (a) powers were exercised without a warrant in the period covered by the report: the number of occasions on which warrantless surveil- lance powers were exercised in the period covered by 20 the report that involved the use of a surveillance device: in respect of each kind of surveillance device used with- out a warrant in the period covered by the report, the numbers of that kind of device used— (i) (i) (ii) (b) (c) 25 for a period of 6 hours or less: for a period of no more than 24 hours: for a period of more than 6 24 hours but no more than 12 48 hours: for a period of more than 12 hours but no more than 24 hours: for a period of more than 24 hours but no more than 48 hours: for a period of more than 48 hours but no more that 72 hours: for a period of more than 72 hours: (iii) (iv) (v) 30 35 (vi) the number of criminal proceedings commenced in re- spect of which evidential material relevant to those pro- ceedings was obtained directly or indirectly from the (d) 136 Search and Surveillance Bill Part 4 cl 164 exercise of a warrantless search or surveillance power in the period covered by the report, and the number of such proceedings resulting in a conviction: the number of persons charged in criminal proceedings where the collection of evidential material relevant to 5 those proceedings was significantly assisted by the ex- ercise of a warrantless search or surveillance power in the period covered by the report: the number of occasions on which warrantless search or surveillance powers were exercised in the period 10 covered by the report that did not lead to the bringing of criminal proceedings within 90 days of the exercise of the power: the matters set out in section 164 in relation to surveil- lance device warrants and residual warrants declaratory 15 orders.
(d) (e) (f) This section does not require a chief executive to include in any annual report information about— (a) a rub-down search of a person that is undertaken in conjunction with their that person’s arrest or detention 20 under any enactment: any search of a person in lawful custody undertaken under section 11 or under the Corrections Act 2004: the exercise of any power of entry that does not also confer a power of search: a search undertaken by consent: any prescribed search or surveillance, or search or surveillance of a prescribed kind, in any prescribed area or an area of a prescribed kind.
25 (b) (c) (d) (e) In this section and section 164, kind of surveillance device 30 means— (a) (b) (c) an interception device: a visual surveillance device: a tracking device.
Information to be included in report on surveillance device warrants and residual warrants declaratory orders The information required to be included in an annual report by section 162A(1)(f) or 163(1)(f) is the following: 35 137 (2) (3) 164 Part 4 cl 164 Search and Surveillance Bill the number of applications for surveillance device war- rants and residual warrants declaratory orders granted or refused in the period covered by the report: the number of surveillance device warrants granted in the period covered by the report that authorised the use 5 of a surveillance device, and the number in respect of each kind of surveillance device: the number of residual warrants granted declaratory orders made in the period covered by the report that authorised related to the use of a device, technique, 10 procedure, or activity, and the number in respect of each device, technique, procedure, or activity: the number of surveillance device warrants and residual warrants granted during the period covered by the report that authorised entry into private premises: in respect of each kind of surveillance device author- ised by a surveillance device warrant issued during the period covered by the report, the numbers of that kind of device used— (i) (ii) for a period of no more than 24 hours: for a period of more than 24 hours but no more than 3 days: for a period of more than 3 days but no more than 7 days: for a period of more than 7 days but no more than 25 21 days: for a period of more than 21 days but no more than 60 days: (iii) (iv) (v) 20 15 in respect of each residual warrant issued declaratory order made during the period covered by the report, the 30 type of a general description of the nature of the device, technique, procedure, or activity authorised covered by the order: the number of criminal proceedings commenced in re- spect of which evidential material relevant to those pro- 35 ceedings was obtained directly or indirectly from carry- ing out activities under the authority of a surveillance device warrant or a
 residual warrant issued in the period (a) (b) (c) (d) (e) (f) (g) 138 (g) (h) (i) Search and Surveillance Bill Part 4 cl 166 covered by the report, and the number of such proceed- ings resulting in a conviction: the number of persons charged in criminal proceedings where the collection of evidential material relevant to those proceedings was significantly assisted by carrying 5 out activities— (i) under the authority of a surveillance device war- rant issued in the period covered by the report; or covered by a declaratory order made in the period covered by the report: (ii) 10 the number of occasions on which activities that were carried out under the authority of a surveillance device warrant or a residual warrant in the period covered by the report did not lead to the bringing of criminal pro- ceedings within 90 days of those activities: if a Judge has reported to the chief executive under sec- tion 55, 56, or 67 55 or 56 about a breach of any of the conditions of the issue of a surveillance device warrant or residual warrant, or about the use of a surveillance device not authorised under section 44, the number of 20 those reports and the details of the breaches or the lack of authorisation reported.
15 Subpart 8—Offences (2) 165 Failing to comply with examination order (1) Every person commits an offence if he or she, without reason- 25 able excuse, fails to comply with an examination order.

Every person who commits an offence against subsection (1) is liable on indictment,— (a) in the case of an individual, to imprisonment for a term not exceeding 1 year: in the case of a body corporate, to a fine not exceeding $40,000.
(b) 30 166 Failing to comply with production order (1) Every person commits an offence if he or she, without reason- able excuse, fails to comply with a production order.

35 139 Part 4 cl 167 Search and Surveillance Bill (2) Every person who commits an offence against subsection (1) is liable on indictment,— (a) in the case of an individual, to imprisonment for a term not exceeding 1 year: in the case of a body corporate, to a fine not exceeding 5 $40,000.
(b) 167 False application for examination order, production order, search warrant, surveillance device warrant, or residual warrant declaratory order Every person commits an offence and is liable on summary 10 conviction to imprisonment for a term not exceeding 1 year who makes an application for an examination order, produc- tion order, search warrant, surveillance device warrant, or re- sidual warrant declaratory order that contains any assertion or other statement known by the person to be false.
15 168 Leaving search location in breach of direction Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months who, without reasonable excuse,— (a) fails to comply with a direction under section 113(1) 20 (special powers where application for search warrant pending); or leaves any place or vehicle at which he or she is detained under section 114(1).
(b) 25 169 Offences relating to stopping vehicles (1) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months who— (a) fails to stop as soon as practicable when required to do so by an enforcement officer exercising a power to stop 30 or search a vehicle; and knows or ought reasonably to know that the person ex- ercising the power is an enforcement officer.
(b) (1A) Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months 35 who— 140 Search and Surveillance Bill Part 4 cl 171 (a) (b) fails to comply with a requirement made by a constable under section 10(1)(aa); and knows or ought reasonably to know that the person im- posing the requirement is a constable.
(2) Every person commits an offence and is liable on summary 5 conviction to imprisonment for a term not exceeding 3 months who— (a) fails to comply with a requirement made by an enforce- ment officer under section 123; and knows or ought reasonably to know that the person im- 10 posing the requirement is an enforcement officer.

(b) (3) Any constable may arrest without warrant any person who the constable has reasonable grounds to suspect has committed an offence against subsection (1) or (2).
170 Offence of failing to carry out obligations in relation to 15 computer system search Every person commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months who fails, without reasonable excuse, to assist a person exer- cising a search power when requested to do so under section 20 125(1).
171 Offence to disclose information acquired through search or surveillance (1) No person who, as a consequence of exercising a search or surveillance power or as a consequence of assisting another 25 person to exercise a power or carry out an activity of that kind any thing specified in subsection (1A), acquires informa- tion about any person may knowingly disclose the substance, meaning, or purport of that information, or any part of that in- formation, otherwise than in the performance of that person’s 30 duty.
(1A) The things referred to in subsection (1) are— (a) (b) (c) the exercise of a search or surveillance power: an examination order: a production order: 35 141 Part 4 cl 172 Search and Surveillance Bill (d) the use of a device, technique, or procedure, or the carrying out of an activity specified in a declaratory order.
(2) Every person who acts in contravention of subsection (1) commits an offence and is liable on summary conviction,— 5 (a) in the case of an individual, to a term of imprisonment not exceeding 6 months: in the case of a body corporate, to a fine not exceeding $100,000.
(b) Subpart 9—Miscellaneous 10 172 Effect of proceedings (1) This section applies when any proceeding has been com- menced in any court in respect of— (a) the exercise of any power conferred by this Act or any relevant enactment specified in column 2 of the 15 Schedule; or the discharge of any duty imposed by this Act or any relevant enactment specified in column 2 of the Schedule; or the use for investigative purposes of any evidential ma- 20 terial obtained from the execution of a power or dis- charge of a duty imposed by this Act or any relevant enactment specified in column 2 of the Schedule.
(b) (c) (2) Until a final decision in relation to the proceeding is given, un- less an interim order made under subsection (3) is in force,— 25 the power or duty to which the proceeding relates may (a) be, or may continue to be, exercised or discharged as if the proceeding had not been commenced, and no person is excused from fulfilling any obligation under this Act or any other enactment by reason of that proceeding; 30 and any evidential material obtained from the execution of the power or discharge of the duty to which the pro- ceeding relates may be, or may continue to be, used for investigative purposes.
(b) 35 Subsection (2) has effect despite any interim order made in the proceeding unless An interim order may be made by the (3) 142 (b) (c) (d) (b) (c) Search and Surveillance Bill Part 4 cl 172 High Court overriding the effect of subsection (2), but only if the High Court is satisfied that— (a) the applicant has established a prima facie case that the warrant or order in question is unlawful; and the applicant would suffer substantial harm from the 5 exercise or discharge of the power or duty; and if the power or duty is exercised or discharged before a final decision is made in the proceeding, none of the remedies specified in subsection (4), or any combin- ation of those remedies, could subsequently provide an 10 adequate remedy for that harm; and the terms of that order do not unduly hinder or restrict the investigation or prosecution.
(4) The remedies are as follows: (a) any remedy that the court may grant in making a final 15 decision in relation to the proceeding (for example, a declaration): any damages that the applicant may be able to claim in concurrent or subsequent proceedings: any opportunity that the applicant may have, as defen- 20 dant in a criminal proceeding, to challenge the admissi- bility of any evidence obtained as a result of the exercise or discharge of the power or duty.
(5) An interim order that overrides subsection (3) because para- graphs (a) to (d) of that subsection apply— made under sub- 25 section (3)— (a) ceases to have effect on— (i) (ii) a date specified in that order; or any date subsequently specified by the High Court on being satisfied that paragraphs (a) to 30 (d) of subsection (3) apply to the interim order continue to apply; and (b) may be extended or renewed (whether before, on, or after its expiry) by the High Court, but only if the High Court is satisfied that paragraphs (a) to (d) of sub- 35 section (3) continue to apply.
143 Part 4 cl 173 Search and Surveillance Bill 173 Service of orders and notices (1) Where an order or a notice is to be given to a person for the purposes of this Act, it may be given— (a) (b) by delivering it personally to the person; or by delivering it at the usual or last known place of resi- 5 dence or business of the person, including by fax or by electronic mail; or by sending it by prepaid post addressed to the person at the usual or last known place of residence or business of the person.
(c) 10 (2) Where an order or notice is to be served on a corporation for the purposes of this subpart, service on an officer of the cor- poration, or on the registered office of the corporation, in ac- cordance with subsection (1) is deemed to be service on the corporation.

15 (3) Where an order or notice is to be served on a partnership for the purposes of this subpart, service on any one of the partners in accordance with subsection (1) or (2) is deemed to be service on the partnership.
(4) Where an order or notice is sent by post to a person in accord- 20 ance with subsection (1)(c), the order or notice is deemed, in the absence of proof to the contrary, to have been given on the third day after the day on which it was posted.

This section is subject to any other section of this Act that makes different provision for the service of orders or notices.
25 Compare: 1990 No 51 s 52 (5) 174 Application of certain provisions If any subpart or provision of this Part is applied by another enactment in respect of the exercise of a power under that en- actment, then irrespective of whether subpart 6 or 8 of this 30 Part of this Act is expressly applied,— (a) subpart 6 (immunities) applies, in respect of the exer- cise of the power; and subpart 8 (offences) applies, in respect of any act or omission involved in the exercise of the power.
35 (b) 144 Search and Surveillance Bill Part 5 cl 177 Part 5 Amendments, repeals, and miscellaneous provisions Subpart 1—Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes Amendments to Agricultural Compounds and Veterinary Medicines Act 1997 175 Amendments to Agricultural Compounds and Veterinary Medicines Act 1997 Sections 176 to 179 amend the Agricultural Compounds and Veterinary Medicines Act 1997.
176 Powers of entry for inspection (1) Section 64(2)(c) is amended by omitting “, and remove any documents or other records including records in an electronic form from the place for the purpose of copying such docu- ments or records”.
Section 64 is amended by repealing subsections (3) and (4) 20 and substituting the following subsection: (2) “(3) The provisions of Part 4 of the Search and Surveillance Act 2009 (except sections 108(d), 110(2)(d), 114, and 115) apply.” 177 (1) Issue of search warrants Section 69(1) is amended by— (a) omitting “Any District Court Judge or Justice of the Peace or any Registrar who is satisfied, on application in writing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search 30 and Surveillance Act 2009) who is satisfied, on an ap- plication made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009”; and omitting “in the form set out in Schedule 1”.
(b) 5 10 15 25 145 Part 5 cl 178 Search and Surveillance Bill (2) (3) (4) Section 69(1) is amended by inserting the following paragraph after paragraph (b): “(ba) any trade name product or agricultural compound manufactured or imported in breach of the provisions of this Act:”.

5 Section 69(1)(c) is amended by omitting “paragraph (a) or paragraph (b)” and substituting “paragraph (a), (b), or (ba)”.
Section 69 is amended by repealing subsections (2) to (4) and substituting the following subsection: “(2) Subject to section 70, the provisions of Part 4 of the Search 10 and Surveillance Act 2009 apply.” 178 Powers of entry with warrant Section 70 is amended by repealing subsections (1) to (4) and substituting the following subsection: “(1) Without limiting the powers conferred by any warrant issued 15 under section 69(1), and subject to any conditions imposed by the issuing officer, every warrant issued under that section au- thorises the constable or the ACVM officer who is executing it, and any person called on by that constable or ACVM of- ficer to assist, to seize and detain any trade name product or 20 agricultural compound that— “(a) is a risk to public health, agricultural security, trade in or market access for primary produce, or the welfare of animals, or that may breach domestic food residue standards; and appears to an ACVM officer, who has made such in- quiries as appear reasonable in the circumstances, to have been abandoned or to have no apparent or read- ily identifiable owner.” “(b) 179 Disposal of property seized (1) Section 71(1) is amended by omitting “Except as provided in subsection (2) of this section, section 199 of the Summary Pro- ceedings Act 1957” and substituting “Subject to subsection (3), subpart 5 of Part 4 of the Search and Surveillance Act 2009”.
Section 71(2) is repealed.

(2) 146 25 30 35 Search and Surveillance Bill Part 5 cl 182 (3) (4) “(4) Section 71(3) is amended by omitting “70(1)(f)(ii)” and sub- stituting “70(1)”.
Section 71 is amended by adding the following subsection: If any person is convicted of an offence to which the seized property relates, the court may, if it thinks fit, order that the 5 item be disposed of as the court directs at the expense of the convicted person, and may order that the person pay any rea- sonable costs incurred by the Commissioner of Police or the Director-General.” Amendments to Animal Products Act 1999 10 180 Amendments to Animal Products Act 1999 Sections 181 to 184 amend the Animal Products Act 1999.
181 Power of entry (1) Section 87(2) is amended by omitting “, at any reasonable time,”.

Section 87 is amended by repealing subsection (3).

Section 87(4) is amended by omitting “, at any time that is reasonable in the circumstances”.
Section 87 is amended by repealing subsections (5) and (6) and substituting the following subsection: 15 20 (2) (3) (4) “(5) The provisions of subpart 3 of Part 4 of the Search and Surveillance Act 2009 apply in respect of the exercise of any powers under this section.” 182 Power to examine, etc (1) Section 88 is amended by repealing subsection (2) and substi- 25 tuting the following subsection: “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 (other than sections 108(d), 110(2)(d), 114, and 115) apply in respect of the exercise of powers under subsection (1)(a) or (b).” Section 88(3) is amended by inserting “(other than under sub- section (1)(a) or (b))” after “this section”.
(2) 30 147 Part 5 cl 183 Search and Surveillance Bill 183 New section 91A inserted The following section is inserted after section 91: “91A Disposal of seized animals prior to commencement or determination of proceedings “(1) This section applies if— 5 “(a) “(b) a live animal is or live animals are seized by a constable or an animal product officer under the authority of a search warrant issued under section 94; and either— “(i) proceedings for an offence involving that animal 10 or those animals— “(A) have been commenced but not yet deter- mined; or “(B) have not yet been commenced but are in- tended to be commenced within a reason- 15 able period; or “(ii) the owner of that animal or animals cannot be located.
“(2) If this section applies, a District Court, on its own motion or on an application by a constable or an animal product officer, 20 may make an order authorising— “(a) “(b) the sale of the animal or animals; or the placement of the animal or animals with another person; or the destruction, slaughter, and processing of the animal 25 or animals for animal products for sale, or other disposal of the animal or animals.
“(c) “(3) The District Court— “(a) must, before making an order under subsection (2), give the owner of the animal or animals, if known and 30 able to be contacted, an opportunity to be heard; and “(b) may make an order under subsection (2) if it is satis- fied that there are good reasons for making that order; and “(c) may, when making the order, impose conditions 35 (whether relating to the payment of any security holder in the animal or animals or otherwise).
148 Search and Surveillance Bill Part 5 cl 183 “(4) In determining whether to make any order referred to in sub- section (2), the court must have regard to the following mat- ters: “(a) whether the owner of the animal or animals has been identified, and if not, the steps that have been taken to 5 identify and contact that person: the number of animals involved: the cost of continuing to hold the animal or animals: the physical state of the animal or animals: “(b) “(c) “(d) “(e) whether it is reasonable or practicable for the animal or 10 animals to be placed elsewhere: “(f) whether it is reasonable or practicable for the Ministry to retain possession of and care for the animal or ani- mals until the determination of the proceedings relating to the animal or animals: 15 20 “(h) “(5) “(g) whether any person will suffer material loss, and the extent of that loss, if the animal or animals are or are not sold: the fitness for purpose of any animal products derived from the seized animal or animals: “(i) any other matters the court considers relevant.
If an animal is or animals are sold under an order made under subsection (2)(a) or animal products are sold under an order made under subsection (2)(c), the proceeds of sale (if any) must be held by the Ministry (after deducting (in order) the 25 costs of transport and processing, the cost of sale, any sums required to be paid to a security holder or any other person under a condition of the order for sale, and any costs incurred by the Crown in caring for the animal or animals or providing veterinary treatment to that animal or those animals).
“(6) The Ministry must, unless the proceeds of sale are otherwise forfeited to the Crown or the owner of the animal or animals is unknown or cannot be contacted, pay the proceeds of sale to that the owner as soon as practicable— “(a) after the determination of the proceedings for an offence 35 involving that animal or those animals; or after a decision is taken not to commence any such pro- ceedings.” “(b) 30 149 Part 5 cl 184 Search and Surveillance Bill 184 Other amendments to Animal Products Act 1999 (1) (2) Section 92 is repealed.
Section 94(1) is amended by— (a) omitting “Any District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue 5 a search warrant in the form set out in the Schedule” and substituting “An issuing officer (within the mean- ing of section 3 of the Search and Surveillance Act 2009) may issue a search warrant”; and omitting “on application in writing made on oath” and 10 substituting “on an application made in the manner pro- vided in subpart 2 of Part 4 of the Search and Surveil- lance Act 2009 by an animal products officer or a con- stable”.
(b) (3) Section 94 is amended by repealing subsections (2) and (3) 15 and substituting the following subsection: “(2) Subject to section 95, the provisions of Part 4 of the Search (4) and Surveillance Act 2009 apply.” Section 95 is amended by repealing subsection (1) and substi- tuting the following subsections: “(1) Without limiting the powers conferred by any search warrant issued under section 94(1), every warrant issued under that section authorises the constable or animal products officer who is executing it, and any person called on by that constable or officer to assist, to exercise— “(a) all of the powers of an animal product officer under sections 88 to 91; or “(b) only such of those powers as are specified in the war- 20 25 rant.
“(1A) To avoid doubt, Part 4 of the Search and Surveillance Act 30 2009 does not apply in respect of any exercise of a power under sections 89 to 91 as a consequence of subsection (1) of this section.” Section 96 is amended by repealing subsections (1) to (3).
Section 97 is amended by— (a) omitting “Section 199 of the Summary Proceedings Act 1957” and substituting “Subpart 5 of Part 4 of the Search and Surveillance Act 2009”; and (5) (6) 35 150 Search and Surveillance Bill Part 5 cl 186 repealing paragraphs (a) to (c).

(b) The Schedule is repealed.

(7) Amendments to Animal Welfare Act 1999 185 Amendments to Animal Welfare Act 1999 Sections 186 to 189 amend the Animal Welfare Act 1999.
5 186 Amendments to sections 130 to 136 (1) Section 130(1)(a) is amended by inserting “(including, if ne- cessary, destroying or arranging for the destruction of the ani- mal)” after “animal”.

Section 130(1)(b) is amended by adding “(including, if neces- 10 sary, destroying or arranging for the destruction of the ani- mal)”.
Section 131(1) is amended by omitting “District Court Judge or Justice or Community Magistrate or any Registrar (not be- ing a member of the police) who, on an application in writ- 15 ing made on oath” and substituting “issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act”.
Section 131 is amended by repealing subsection (3) and sub- 20 stituting the following subsections: (2) (3) (4) “(3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply, subject to subsection (4) and sections 133(2) and (4), 136, and 136A.
“(4) Despite subsection (3), sections 108(d), 110(2)(d), 114, 25 and 115 of the Search and Surveillance Act 2009 apply only in respect of a warrant issued to a named constable or to every constable.” (5) Sections 132, 133(1), (3), and (5), 134, and 135 are repealed.

(5A) Section 133(4) is amended by inserting “(including, if neces- 30 sary, destroying or arranging for the destruction of the ani- mal)” after “suffering of the animal”.
Section 136(1) is amended by omitting “subsections (2) and (3), section 199 of the Summary Proceedings Act 1957” and (6) 151 Part 5 cl 187 Search and Surveillance Bill substituting “subsections (2) and (3) and section 136A, sub- part 5 of Part 4 of the Search and Surveillance Act 2009”.
Section 136 is amended by repealing subsection (2) and sub- stituting the following subsection: (7) “(2) Despite anything in subpart 5 of Part 4 of the Search and 5 Surveillance Act 2009, a constable or an inspector who has custody of an animal may place that animal in the care of any other person.” Section 136(3) is amended by omitting “section 199(3) of the Summary Proceedings Act 1957” and substituting “section 10 147(2)(c) of the Search and Surveillance Act 2009”.
(8) 187 New section 136A inserted The following section is inserted after section 136: “136A Disposal of animals seized or taken into custody prior to commencement or determination of proceedings 15 “(1) This section applies if— “(a) “(b) 1 or more animals are seized by a constable or an in- spector, under the authority of a search warrant issued under section 131, or are taken into possession by an in- spector under section 127(5) or a constable under sec- 20 tion 137(1); and either— “(i) proceedings for an offence involving that animal or those animals— “(A) have been commenced but not yet deter- 25 mined; or “(B) have not yet been commenced but are in- tended to be commenced within a reason- able period; or “(ii) the owner of that animal or those animals cannot 30 be located.
If this section applies, a District Court, on its own motion, or on an application by a constable or an inspector, may make an order authorising— “(a) “(b) the sale of the animal or animals; or the placement of the animal or animals with another person; or 35 “(2) 152 Search and Surveillance Bill Part 5 cl 187 “(c) “(d) the destruction or other disposal of the animal or ani- mals; or the dehorning or performance of other surgical proced- ures on the animal or animals.
“(3) The District Court— 5 “(a) must, before making an order under subsection (2), give the owner of the animal or animals, if known and able to be contacted, an opportunity to be heard; and “(b) may make an order under subsection (2) if it is satis- fied that there are good reasons for making that order; 10 and “(c) may, when making the order, impose conditions (whether relating to the payment of any security holder in the animal or animals or otherwise).
“(4) “(5) In determining whether to make any order referred to in sub- 15 section (3) (2), the court must have regard to the following matters: “(a) whether the owner of the animal or animals has been identified, and if not, the steps that have been taken to identify and contact that person: the number of animals involved: “(b) “(c) whether the animal or animals are being kept for eco- 20 nomic purposes or for companionship: the cost of continuing to hold the animal or animals: the physical state of the animal or animals: “(d) “(e) “(f) whether it is reasonable or practicable for the animal or 25 animals to be placed elsewhere: “(g) whether it is reasonable or practicable for the Ministry or an approved organisation to retain possession of and care for the animal or animals until the determination of 30 the proceedings relating to the animal or animals: “(h) whether any person will suffer material or other loss, and the extent of that loss, if the animal or animals are sold: “(i) any other matters the court considers relevant.
If an animal is sold under the authority of an order under sub- section (2)(a), the proceeds of sale (if any) must be held by the Ministry or an approved organisation (after deducting (in order) the costs of sale, any sums required to be paid to a se- 35 153 Part 5 cl 188 Search and Surveillance Bill curity holder or any other person under a condition of the order for sale, and any costs incurred by the Crown or approved or- ganisation in caring for the animal or animals or providing vet- erinary treatment to that animal or those animals).
“(6) The Ministry or approved organisation referred to in subsec- 5 tion (5) must, unless the proceeds of sale are forfeited to the Crown under section 172(1) or the owner of the animal is un- known or cannot be contacted, pay the proceeds of sale to that the owner as soon as practicable— “(a) after the determination of the proceedings for an offence 10 involving that animal or those animals; or after a decision is taken not to commence any such pro- ceedings.” “(b) “(1) 188 Vehicle, aircraft, ship, or animal may be detained (1) Section 137 is amended by repealing subsections (1) and (2) 15 and substituting the following subsection: If a constable arrests a person for an offence against section 22(2), 23(1) or (2), or 40(1) and the person is for the time being in charge of a vehicle, an aircraft, or a ship, or an animal, the constable may— “(a) take possession of the vehicle, aircraft, or ship, or the animal, or both, and may take that vehicle, aircraft, or ship, or take that animal, or both, as the case may be, to another place; and 20 “(b) detain that vehicle, aircraft, or ship, or that animal, or 25 both, at a place chosen by the constable for a period that is reasonably necessary to— “(i) conduct a search of the vehicle, aircraft, or ship, or animal, or both, under another provision in this Act or under any other enactment that authorises 30 such a search; or “(ii) provide humane treatment for any animal that is moved.” (2) Section 137(3) is amended by omitting “subsections (1) and (2)” and substituting “subsection (1)”.
35 154 Search and Surveillance Bill Part 5 cl 191 189 Power of court to order certain animals be forfeited to “(1) the Crown Section 172 is amended by repealing subsection (1) and sub- stituting the following subsection: If the owner of an animal is convicted of an offence against 5 this Act in respect of that animal, the court may,— “(a) if it thinks it desirable for the protection of the animal (in addition to or in substitution for any other penalty), order that the animal be forfeited to the Crown or to an approved organisation: if it thinks it desirable (in addition to or in substitution for any other penalty), order that any proceeds of sale of the animal retained under section 136A be forfeited to the Crown.” “(b) Amendment to Antarctic Marine Living Resources Act 1981 190 Amendment to Antarctic Marine Living Resources Act (1) (2) 1981 This section amends the Antarctic Marine Living Resources Act 1981.
Section 9 is amended by repealing subsections (3) to (5) and substituting the following subsection: “(3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” Amendments to Antarctica (Environmental Protection) Act 1994 191 Amendments to Antarctica (Environmental Protection) (1) (2) Act 1994 This section amends the Antarctica (Environmental Protec- tion) Act 1994.
Section 42(1) is amended by— (a) omitting “a District Court Judge, a duly authorised Just- ice, a Community Magistrate, or a Registrar (not being a member of the Police), who, on application made” and substituting “an issuing officer (within the meaning of 35 section 3 of the Search and Surveillance Act 2009) 10 15 20 25 30 155 Part 5 cl 192 Search and Surveillance Bill (b) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act”; and omitting “, unconditionally or subject to conditions, a warrant authorising the entry and search of the area, at any time on one occasion within 14 days of the issue 5 of the warrant (or within such further time as may be specified in the warrant)” and substituting “a warrant authorising the entry and search of the area”.
(3) Section 42 is amended by repealing subsections (2) to (4) and substituting the following subsection: 10 “(2) The provisions of Part 4 of the Search and Surveillance Act (4) 2009 apply.” Section 43 is amended by inserting the following subsection after subsection (1): “(1A) Subject to subsection (2), the provisions of Part 4 of the 15 (5) Search and Surveillance Act 2009 apply.” Section 44 is amended by omitting “any of sections 41 to 43” and substituting “section 41”.
Amendments to Aviation Crimes Act 1972 192 Amendments to Aviation Crimes Act 1972 (1) (2) This section amends the Aviation Crimes Act 1972.

Section 13(1)(b) is amended by adding “and that a search of the first-mentioned person will disclose evidential material about that offence,”.
Section 13 is amended by repealing subsections (3) and (4) 25 and substituting the following subsection: (3) 20 “(4) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” Amendments to Biosecurity Act 1993 193 Amendments to Biosecurity Act 1993 (1) (2) This section amends the Biosecurity Act 1993.
Section 110(1) is amended by omitting “A District Court Judge, a Justice of the Peace, a Community Magistrate, or a Registrar (not being a member of the police) may, on the written application of an inspector or authorised person made 35 30 156 Search and Surveillance Bill Part 5 cl 195 5 on oath,” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may, on an application (made in the manner provided by subpart 2 of Part 4 of that Act) by an inspector or authorised person,”.
Section 110(2) is amended by omitting “Judge, Justice, Magis- trate, or Registrar” and substituting “issuing officer”.
Section 111(1) is amended by omitting “a District Court Judge, a Justice of the Peace, a Community Magistrate, or a Registrar (not being a member of the Police), who, on the written appli- 10 cation (made on oath) of” and substituting “an issuing officer (within the meaning of section 3 of the Search and Surveil- lance Act 2009) who, on an application (made in the manner provided by subpart 2 of Part 4 of that Act) by”.
Section 112(1)(a)(ii) is amended by inserting “or copy of the 15 warrant” after “warrant” in each place where it appears.

Section 118(2) is amended by omitting “Section 199 of the Summary Proceedings Act 1957” and substituting “Subpart 5 of Part 4 of the Search and Surveillance Act 2009”.

(3) (4) (5) (6) Amendment to Boxing and Wrestling Act 1981 20 194 Amendment to Boxing and Wrestling Act 1981 Section 195 amends the Boxing and Wrestling Act 1981.
195 New section 9 substituted Section 9 is repealed and the following section substituted: Search warrants “9 “(1) An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a search war- rant if, on an application made by a constable in the manner provided in subpart 2 of Part 4 of that Act, he or she is satis- fied that there are reasonable grounds for believing that on any 30 premises a contest is being conducted in breach of this Act or any regulations made under it.
25 “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” 157 Part 5 cl 196 Search and Surveillance Bill Amendments to Children, Young Persons, and Their Families Act 1989 196 Amendments to Children, Young Persons, and Their Families Act 1989 Sections 197 and to 198 amend the Children, Young Per- 5 sons, and Their Families Act 1989.
197 Amendments to Parts 1 to 9 of Children, Young Persons, (1) (2) (3) 15 and Their Families Act 1989 Section 39(1) is amended by omitting “any Justice or any Community Magistrate or any Registrar (not being a member 10 of the police), who, on application in writing made on oath” and substituting “any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on application in writing verified in accordance with section 97 of that Act”.
Section 40(1) is amended by omitting “any Justice or any Community Magistrate or any Registrar (not being a member of the police), may, on application in writing made on oath” and substituting “any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may, on 20 application in writing verified in accordance with section 97 of that Act”.
Section 386(1) is amended by omitting “Any Judge or Just- ice or Community Magistrate or any Registrar (not being a member of the police) who, on application in writing made on 25 oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on application in writing verified in accordance with section 97 of that Act”.
197A Amendments to Part 10 of Children, Young Persons, and 30 Their Families Act 1989 Section 445A is amended by— (a) (b) omitting “section 39 or section 40 or”; and omitting “or section 386 of this Act”.

(1) 158 Search and Surveillance Bill Part 5 cl 199 (2) Section 445B(2) is amended by omitting “section 39, 40, 122, 157(2), 205(2)(b), or 386” and substituting “section 122, 157(2), or 205(2)(b)”.
198 New section 445A substituted Sections 445A to 445C are repealed and The following section 5 is substituted: “445A Certain provisions of the Search and Surveillance Act 2009 apply to some warrants Sections 99 and 103 of the Search and Surveillance Act 2009 apply, with any necessary modifications, in respect of 10 any warrant applied for or issued under section 39, 40, or 386.” 15 20 198 New section 445D inserted The following section is inserted after section 445C: “445D Certain provisions of Search and Surveillance Act 2009 apply to some warrants Sections 99 and 103 of the Search and Surveillance Act 2009 apply, with any necessary modifications, in respect of any warrant applied for or issued under section 39, 40, or 386.” Amendments to Civil Aviation Act 1990 199 Amendments to Civil Aviation Act 1990 (1) (2) This section amends the Civil Aviation Act 1990.
Section 24(4) is amended by omitting “a judicial officer on written application on oath, which shall not be granted unless the judicial officer” and substituting “an issuing officer on ap- plication in the manner provided for an application for a search 25 warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009, which must not be granted unless the issuing offi- cer”.
Section 24 is amended by repealing subsection (5) and substi- tuting the following subsection: (3) 30 “(5) Subject to subsections (6) and (7), subparts 2 and 3 of Part 4 of the Search and Surveillance Act 2009 apply in relation to the issue of a warrant under subsection (4) and its execution.” 159 Part 5 cl 200 Search and Surveillance Bill Amendments to Commodity Levies Act 1990 200 Amendments to Commodity Levies Act 1990 (1) (2) This section amends the Commodity Levies Act 1990.
Section 19(1) is amended by— (a) omitting “A District Court Judge, a Justice, a Commu- 5 nity Magistrate, or a Court Registrar (not being a con- stable) who, on an application in writing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in 10 subpart 2 of Part 4 of that Act”; and omitting “in the form set out in the Schedule to this Act”.
(b) (3) Section 19 is amended by repealing subsection (2) and substi- tuting the following subsection: 15 “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 (except sections 108(d), 110(2)(d), 114, and 115) apply.” Sections 20 to 22 are repealed.

(4) Amendments to Conservation Act 1987 20 201 Amendments to Conservation Act 1987 This section amends the Conservation Act 1987.

(1) Section 40(4A) and (4B) are repealed.


(2) Section 40 is amended by adding the following subsection: (3) “(7) The provisions of Part 4 of the Search and Surveillance Act 25 (4) 2009 apply.” Section 46 is amended by repealing subsections (1), (2), and (4).

Amendments to Customs and Excise Act 1996 202 Amendments to Customs and Excise Act 1996 30 Sections 203 to 211 amend the Customs and Excise Act 1996.
160 Search and Surveillance Bill Part 5 cl 205 203 Amendments to sections 139 to 141 of Customs and Excise Act 1996 (1) Section 139 is amended by adding the following subsections: “(5) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of the power conferred by subsection 5 (1)(d).
“(6) Despite subsection (5), sections 120(2), 126(5)(e), and 127, and subparts 5 and 7 of Part 4 of the Search and Surveillance Act 2009 do not apply to any goods forfeited to the Crown under section 225 of this Act.” Section 140(2) is amended by omitting “subsection (1)” and substituting “subsection (1)(a) to (c)”.
(3) Section 140 is amended by adding the following subsections: “(3) The provisions of Part 4 of the Search and Surveillance Act (2) 10 2009 apply in respect of the power conferred by subsection 15 (1)(d).
“(4) Despite subsection (3), sections 120(2), 126(5)(e), and 127, and subparts 5 and 7 of Part 4 of the Search and Surveillance Act 2009 do not apply to any goods forfeited to the Crown under section 225 of this Act.” Section 141 is amended by omitting “section 139 or section 140” and substituting “section 139(1)(a) to (c) or 140(1)(a) to (c)”.
(4) 20 204 Searching vehicles Section 144 is amended by adding the following subsections: 25 “(56) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of a search undertaken under this sec- tion.
“(67) Despite subsection (5), sections 120(2), 126(5)(e), and 127, and subparts 5 and 7 of Part 4 of the Search and 30 Surveillance Act 2009 do not apply to any goods forfeited to the Crown under section 225 of this Act.” 205 Amendments to sections 149A to 149D of Customs and (1) Excise Act 1996 Section 149A(3) is amended by omitting “149D” and substi- 35 tuting “149C”.

161 Part 5 cl 206 Search and Surveillance Bill Section 149B(4) to (6) are repealed.
(2) (3) Section 149B is amended by adding the following subsections: “(8) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of the powers conferred by this section.

“(9) Despite subsection (8), sections 120(2), 126(5)(e), and 5 127, and subparts 5 and 7 of Part 4 of the Search and Surveillance Act 2009 do not apply to any goods forfeited to the Crown under section 225 of this Act.” Section 149BA(1) is amended by omitting “believe” and sub- stituting “suspect”.
Section 149BA(3) is repealed.

Section 149BA is amended by repealing subsection (5) and substituting the following subsections: 10 (4) (5) (6) “(5) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of the powers conferred by this section.
15 “(6) Despite subsection (5), sections 120(2), 126(5)(e), and 127, and subparts 5 and 7 of Part 4 of the Search and Surveillance Act 2009 do not apply to any goods forfeited to the Crown under section 225 of this Act.” Section 149C is amended by repealing subsection (2) and sub- 20 stituting the following subsections: (7) “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of the powers conferred by this section.
“(3) Despite subsection (2), sections 120(2), 126(5)(e), and 127, and subparts 5 and 7 of Part 4 of the Search and 25 Surveillance Act 2009 do not apply to any goods forfeited to the Crown under section 225 of this Act.” Section 149D is repealed.
(8) 206 Examination of goods no longer subject to control of Customs Section 152 is amended by inserting the following subsections after subsection (3): 30 “(3A) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of the powers conferred by this section.
“(3B) Despite subsection (3A), sections 120(2), 126(5)(e), and 35 127, and subparts 5 and 7 of Part 4 of the Search and 162 Search and Surveillance Bill Part 5 cl 208 Surveillance Act 2009 do not apply to any goods forfeited to the Crown under section 225 of this Act.” 207 Amendments to sections 165 to 167 of Customs and Excise (1) (2) (3) (4) (5) (6) 10 Act 1996 The heading to section 165 is amended by omitting “search” 5 and substituting “inspection”.
Section 165(1) is amended by omitting “search,” in each place where it appears.

The heading to section 166 is amended by omitting “search” and substituting “inspection”.

Section 166(1) is amended by omitting “search,” in each place where it appears.
Section 167(1) is amended by omitting “A District Court Judge, Justice of the Peace, Community Magistrate, or Regis- trar (not being a constable) may issue a search warrant in the 15 prescribed form if he or she is satisfied, on an application by a Customs officer in writing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a search war- rant if he or she is satisfied, on an application by a Customs 20 officer made in the manner provided in subpart 2 of Part 4 of that Act”.
Section 167 is amended by repealing subsections (2) to (4) and substituting the following subsections: “(2) The provisions of Part 4 of the Search and Surveillance Act 25 2009 apply.
“(3) Despite subsection (2), sections 120(2), 126(5)(e), and 127, and subparts 5 and 7 of Part 4 of the Search and Surveillance Act 2009 do not apply to any goods forfeited to the Crown under section 225 of this Act.” 30 208 Amendments to section 172 and repeal of sections 168 to (1) (2) 171 and 173 of Customs and Excise Act 1996 Sections 168 to 171 and 173 are repealed.
Section 172(1) is amended by inserting “(other than a power of search to which Part 4 of the Search and Surveillance Act 35 2009 applies)” after “conferred by this Act”.

163 Part 5 cl 209 Search and Surveillance Bill (3) Section 172(2) is amended by omitting “or 171”.

209 Seizure and detention of goods suspected to be certain risk goods or evidence of commission of certain offences (1AA) The heading to section 175C is amended by inserting “or (1) (2) (3) documents” after “of goods”.
Section 175C(1) is amended by inserting “or documents” after “goods” in the second place where it appears.

Section 175C(2) to (4) are amended by inserting “or docu- ments” after “goods” in each place where it appears.
Section 175C is amended by repealing subsection (5) and sub- 10 stituting the following subsection: 5 “(5) Subpart 5 of Part 4 of the Search and Surveillance Act 2009 applies with any necessary modifications to goods or docu- ments detained under subsection (1).” 210 New section 175D inserted 15 The following section is inserted after section 175C: “175D Seizure and detention of certain drugs and objectionable publications “(1) A Customs officer may seize and detain goods or documents that are presented or located in the course of exercising any 20 power of inspection, search, or examination under this Act, if he or she has cause to suspect on reasonable grounds that the goods or documents are evidence of the commission of 1 or more offences under 1 or more of the following enactments: “(a) section 6, 7, 12A, 13, or 22 of the Misuse of Drugs Act 25 1975: section 123, 124, 131, or 131A of the Films, Videos, and Publications Classification Act 1993.
“(2) A Customs officer who detains goods or documents under sub- “(b) section (1) may, if the appropriate person specified in sub- 30 section (3) agrees, do any of the following: “(a) deliver the goods or documents into the custody of that person: retain the goods or documents pending further investi- gation: 35 “(b) 164 Search and Surveillance Bill Part 5 cl 212 “(c) treat the goods or documents as forfeited within the meaning of this Act.
“(3) The appropriate person referred to in subsection (2) is,— “(a) “(b) if the Customs officer believes that subsection (1)(a) applies, a constable; or if the Customs officer believes that subsection (1)(b) applies, an Inspector of Publications within the mean- ing of the Films, Videos, and Publications Classification Act 1993.

5 “(4) Once goods or documents have been delivered to a person 10 under subsection (2)(a), responsibility for those goods or documents passes to that person.
“(5) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of the powers conferred by this section.

“(6) Despite subsection (5), sections 120(2), 126(5)(e), and 15 127, and subparts 5 and 7 of Part 4 of the Search and Surveillance Act 2009 do not apply to any forfeited goods (within the meaning of this Act).” 20 25 211 Amendments to Part 17 of Customs and Excise Act 1996 (1) (2) Section 286(1)(aa) is repealed.
Section 305A(1) is amended by omitting “167, and 171” and substituting “and 167”.

Amendments to Dairy Industry Restructuring Act 2001 212 Amendments to Dairy Industry Restructuring Act 2001 (1) This section amends the Dairy Industry Restructuring Act 2001.

Section 29C is amended by omitting “29L” and substituting “29H”.

Section 29D is amended by omitting “29L” and substituting 30 “29H”.
Section 29I(1) is amended by— (a) omitting “A District Court Judge, Community Magis- trate, Justice of the Peace, or Registrar may issue a search warrant in the form set out in Schedule 5D” and 35 (2) (3) (4) 165 Part 5 cl 213 Search and Surveillance Bill substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a search warrant”; and omitting “in writing made on oath” and substituting “made in the manner provided in subpart 2 of Part 5 4 of the Search and Surveillance Act 2009”.
(b) (5) Section 29I is amended by repealing subsections (2) and (3) and substituting the following subsections: “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

“(3) Despite subsection (2), sections 108(d), 110(2)(d), 114, and 115 of the Search and Surveillance Act 2009 apply only in respect of a warrant issued to a named constable or to every constable.” Sections 29J to 29L are repealed.
Section 145(j) is amended by omitting “sections 98B to 98G” and substituting “section 98G”.

(6) (7) 10 15 Amendments to Dog Control Act 1996 213 Amendments to Dog Control Act 1996 Sections 214 and 215 amend the Dog Control Act 1996.
20 214 Power of entry (1) Section 14(3)(a) is amended by omitting “a District Court Judge on written application on oath” and substituting “an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) on application by a dog control 25 officer in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009”.
Section 14 is amended by adding the following subsection: (2) “(5) The provisions of Part 4 of the Search and Surveillance Act 2009 (except subpart 5) apply.” 30 215 Other amendments to Dog Control Act 1996 (1) Section 56(3) is amended by omitting paragraph (a) and sub- stituting the following paragraph: 166 Search and Surveillance Bill Part 5 cl 215 “(a) he or she is authorised to enter by a warrant issued by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) made on appli- cation by the dog ranger or dog control officer in the manner provided for an application for a search warrant 5 in subpart 2 of Part 4 of the Search and Surveillance Act 2009; and”.
(2) Section 56 is amended by inserting the following subsection after subsection (3): “(3A) None of the following persons may act as an issuing officer 10 under this section: “(a) the mayor or any elected member of the local authority that employs or engages the dog ranger or dog control officer; or any employee of the local authority that employs or en- 15 gages the dog ranger or dog control officer.” “(b) (3) (4) Section 57(6)(b) is amended by omitting “he or she is author- ised in writing to do so by a Justice, who must not grant an au- thority unless the Justice” and substituting “he or she is author- ised to enter by a warrant issued by an issuing officer (within 20 the meaning of section 3 of the Search and Surveillance Act 2009), made on application by the dog ranger or dog control officer in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009, who must not issue a warrant unless the issuing of- 25 ficer”.
Section 57 is amended by inserting the following subsection after subsection (6): “(6A) None of the following persons may act as an issuing officer under this section: “(a) the mayor or any elected member of the local authority that employs or engages the dog ranger or dog control officer; or any employee of the local authority that employs or en- gages the dog ranger or dog control officer.” “(b) 30 35 167 Part 5 cl 216 Search and Surveillance Bill Amendments to Driftnet Prohibition Act 1991 216 Amendments to Driftnet Prohibition Act 1991 Sections 217 to 220 amend the Driftnet Prohibition Act 1991.
217 Powers of search 5 Section 13 is amended by inserting the following subsection after subsection (3): “(3A) The provisions of subparts 3 to 6 of Part 4 (other than sections 108(d), 110(2)(d), 114, and 115) and section 172 of the Search and Surveillance Act 2009 apply.” 10 218 New section 16 substituted Section 16 is repealed and the following section substituted: “16 Custody of property seized All property seized under section 15 must be dealt with under subpart 5 of Part 4 of the Search and Surveillance Act 15 2009.” 219 Sections 17 to 22 repealed Sections 17 to 22 are repealed.
220 Section 24 repealed Section 24 is repealed.

20 Amendments to Employment Relations Act 2000 221 Amendments to Employment Relations Act 2000 (1) (2) This section amends the Employment Relations Act 2000.

Section 231 is amended by omitting “on oath,” and substitut- ing “in the manner provided for an application for a search 25 warrant in subpart 2 of Part 4 of the Search and Surveil- lance Act 2009,”.
Section 231 is amended by adding the following subsection as subsection (2): (3) “(2) When making an application under subsection (1), refer- 30 ences in subpart 2 of Part 4 of the Search and Surveillance 168 Search and Surveillance Bill Part 5 cl 224 Act 2009 to an issuing officer are to be treated as references to a Judge.” Amendments to Extradition Act 1999 222 Amendments to Extradition Act 1999 (1) (2) This section amends the Extradition Act 1999.
Section 82 is amended by repealing subsection (3) and substi- tuting the following subsection: 5 “(3) Nothing in this section limits or affects any power under sec- (3) tion 11 of the Search and Surveillance Act 2009.” Section 83(2) is amended by omitting “A District Court Judge 10 who, on an application in writing made on oath” and substitut- ing “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act”.
Section 83 is amended by adding the following subsection: 15 (4) “(4) The provisions of Part 4 of the Search and Surveillance Act 2009 (except subpart 5) apply.” Sections 84 to 88 are repealed.

(5) Amendments to Films, Videos, and Publications Classification Act 1993 223 Amendments to Films, Videos, and Publications Classification Act 1993 Sections 224 and 225 to 225A amend Part 7 of the Films, Videos, and Publications Classification Act 1993.
20 25 (1) 224 Amendments to Part 7 sections 109 to 109B of Films, Videos, and Publications Classification Act 1993 Section 109 is amended by omitting “A District Court Judge, Justice, or Community Magistrate, or a Registrar (not being a member of the police) may, on an application in writing made 30 on oath” and substituting “An issuing officer (within the mean- ing of section 3 of the Search and Surveillance Act 2009) may, on an application in the manner provided in subpart 2 of Part 4 of that Act”.
169 Part 5 cl 225 Search and Surveillance Bill (2) (3) (4) Section 109A(1) is amended by omitting “A District Court Judge may, on an application in writing made on oath” and substituting “An issuing officer (within the meaning of sec- tion 3 of the Search and Surveillance Act 2009) may, on an application made in the manner provided in subpart 2 of Part 5 4 of that Act the Search and Surveillance Act 2009”.
Section 109B is amended by omitting “A Justice, Community Magistrate, or Registrar (not being a member of the police) may, on an application in writing made on oath” and substitut- ing “An issuing officer (within the meaning of section 3 of 10 the Search and Surveillance Act 2009) may, on an application made in the manner provided in subpart 2 of Part 4 of that Act”.

Section 118 is repealed.


225 New section 110 substituted 15 Sections 110 to 114 are repealed and the following section is substituted: “110 Application of Part 4 of Search and Surveillance Act 2009 “(1) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of any search warrant issued under sec- 20 tion 109, 109A, or 109B.

“(2) This section is subject to sections 115 to 117.” 225A Section 118 repealed Section 118 is repealed.
Amendments to Financial Transactions Reporting Act 1996 226 Amendments to Financial Transactions Reporting Act (1) (2) 1996 This section amends the Financial Transactions Reporting Act 1996.
Section 38 is amended by repealing subsections (2) to (5) and substituting the following subsection: “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” 25 30 170 Search and Surveillance Bill Part 5 cl 228 (3) (4) Section 44 is amended by omitting “Any District Court Judge, Justice, or Community Magistrate, or any Registrar (not be- ing a member of the Police), who, on an application in writ- ing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 5 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act”.
Section 44 is amended by adding the following subsection as subsection (2): “(2) The provisions of Part 4 of the Search and Surveillance Act 10 2009 apply.” Sections 45 to 51 are repealed.

(5) Amendments to Fisheries Act 1996 227 Amendments to Fisheries Act 1996 Sections 228 to 230 amend the Fisheries Act 1996.
15 228 New sections 199 and 199A substituted Section 199 is repealed and the following sections are substi- tuted: “199 Powers of entry and examination for regulatory purposes “(1) In the course of the enforcement and administration of this Act, 20 a fishery officer may, at any reasonable time,— “(a) examine any vessel, vehicle, premises, or other place (by stopping or opening the thing or place, as the case requires, where necessary) and— “(i) “(ii) examine any fish, aquatic life, or seaweed in that 25 thing or at that place; or examine any accounts, records, returns, or other documents in that thing or at that place that may be relevant to monitoring for compliance with this Act or any regulations made under this Act; 30 or “(iii) examine any record, authority, approval, permis- sion, licence, or authority in that thing or at that place that may be relevant to monitoring for com- pliance with this Act or any regulations made 35 under this Act; or 171 Part 5 cl 228 Search and Surveillance Bill “(iv) examine any article, gear, container, apparatus, device, or thing relating to the taking, sale, pur- chase, farming, or possession of any fish, aquatic life, or seaweed that is in that thing or at that place: “(b) “(c) “(d) 5 10 for the purposes of exercising any power conferred by paragraph (a), enter or pass across any land: stop any person and examine any thing referred to in paragraph (a)(i) to (iv) that is in the possession of that person: for the purposes of any examination under paragraph (a) or (c),— “(i) open or direct any person to open any thing that may be examined; and take any sample of a thing that may be examined, 15 for forensic or other scientific testing.
“(ii) “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 (other than subpart 2 and section 115) apply.

“(3) A fishery officer may detain any vessel, vehicle, conveyance of any kind, parcel, package, record, document, article, gear, ap- 20 paratus, device, container, fish, aquatic life, seaweed, or thing for any period that is reasonably necessary to enable the fish- ery officer to carry out an examination under this section.
“199A Powers of entry and search for law enforcement purposes 25 “(1) Subsection (2) applies to a fishery officer if he or she be- lieves, on reasonable grounds, that there may be concealed or located or held in any vessel, vehicle, conveyance of any kind, premises, place, parcel, package, record, or thing— “(a) any fish, aquatic life, or seaweed taken or thing used or 30 intended to be used in contravention of this Act; or any article, record, document, or thing that there is rea- sonable ground to believe will be evidence as to the commission of an offence against this Act.
“(b) “(1) Subsection (2) applies to a fishery officer if he or she be- 35 lieves, on reasonable grounds, that— “(a) an offence is being or has been committed against this Act; and 172 Search and Surveillance Bill Part 5 cl 229 “(b) there may be concealed or located or held in any vessel, vehicle, conveyance of any kind, premises, place, par- cel, package, record, or thing— “(i) any fish, aquatic life, or seaweed taken or thing used or intended to be used in contravention of 5 this Act; or any article, record, document, or thing that there is reasonable ground to believe will be evidence as to the commission of an offence against this Act.” 10 “(ii) “(2) If this subsection applies to a fishery officer, then, for the pur- pose of enforcing this Act, that officer may— “(a) enter, examine, and search any such premises or place, or any such vessel, vehicle, or conveyance of any kind (by stopping or opening the thing or place, as the case 15 requires, where necessary); and examine and search (by opening the thing where neces- sary) any such parcel, package, record, or thing; and for the purposes of exercising any power conferred by paragraph (a), enter or pass across any land.
20 “(b) “(c) “(3) A fishery officer may detain any vessel, vehicle, conveyance of any kind, parcel, package, record, document, article, gear, ap- paratus, device, container, fish, aquatic life, seaweed, or thing for such period as is reasonably necessary to enable the fish- ery officer to carry out an examination or a search under this 25 section.
“(4) The provisions of Part 4 of the Search and Surveillance Act 2009 (other than subpart 2) apply.” 229 Amendments to sections 200 to 207 of Fisheries Act 1996 (1) Section 200(1) is amended by omitting “a Justice, Commu- 30 nity Magistrate, District Court Judge, or Registrar of a District Court” and substituting “an issuing officer (within the mean- ing of section 3 of the Search and Surveillance Act 2009)”.
Section 200 is amended by repealing subsection (2) and sub- stituting the following subsection: (2) 35 “(2) An application for authorisation must be made by a fishery of- ficer in the manner provided for an application for a search 173 Part 5 cl 230 Search and Surveillance Bill (3) (4) (5) (6) warrant under subpart 2 of Part 4 of the Search and Surveil- lance Act 2009.” Section 200(3) is amended by omitting “A Justice, Commu- nity Magistrate, District Court Judge, or Registrar of a District Court” and substituting “An issuing officer”.
Section 200 is amended by repealing subsection (4).

Section 205 is amended by omitting “as may be reasonably necessary” and substituting “as is necessary”.

Section 206(2) is amended by— (a) omitting “section 198A of the Summary Proceedings 10 Act 1957” and substituting “section 131 of the Search and Surveillance Act 2009”; and omitting “section 198A of that Act” and substituting “section 131 of that Act”.
(b) 5 (7) Section 207 is amended by repealing subsection (2) and sub- 15 stituting the following subsection: “(2) Subject to section 212, any property seized under subsection (1) must be dealt with in accordance with subpart 5 of Part 4 of the Search and Surveillance Act 2009.” Section 207(3) is amended by— (a) (8) omitting “section 198A of the Summary Proceedings Act 1957” and substituting “section 131 of the Search and Surveillance Act 2009”; and omitting “section 198A of that Act” and substituting “section 131 of that Act”.
(b) 20 25 (9) Section 207(4) is repealed.

230 Amendments to sections 208 to 220 of Fisheries Act 1996 (1) (2) Sections 208 to 211 are repealed.

Section 212 is amended by inserting “and the thing is liable to be forfeited under this Act if the owner is convicted,” after 30 “otherwise perish,”.

Section 213(1) is amended by inserting “or 199A” after “199”.
Section 217 is amended by adding the following subsection as subsection (2): (3) (4) 174 Search and Surveillance Bill Part 5 cl 231 “(2) Subsection (1) is subject to the provisions of subpart 3 of Part 4 of the Search and Surveillance Act 2009 (where ap- plied by this Act).” Section 218 is amended by adding the following subsection as subsection (2): (5) 5 “(2) Subsection (1) is subject to the provisions of subpart 3 of Part 4 of the Search and Surveillance Act 2009 (where ap- plied by this Act).” (6) Section 220 is amended by adding the following subsection: “(5) This section is subject to sections 157 to 160 161 of the 10 Search and Surveillance Act 2009 (where applied by this Act).” Amendments to Food Act 1981 231 Amendments to Food Act 1981 (1) (2) This section amends the Food Act 1981.
Section 12 is amended by inserting the following subsection after subsection (2): 15 “(2A) Subject to sections 14 and 16, the provisions of Part 4 of the Search and Surveillance Act 2009 (other than sections 108(d), 110(2), 114, 115, 120(2), 126(5)(e), and 127, and 20 subparts 5 and 7) apply in respect of any seizure and deten- tion under subsection (2)(i) or (j).” Section 13 is amended by inserting the following subsection after subsection (1): (3) (4) “(1A) Subject to sections 14 and 16, the provisions of Part 4 of 25 the Search and Surveillance Act 2009 (other than sections 108(d), 110(2), 114, 115, 120(2), 126(5)(e), and 127, and subparts 5 and 7) apply in respect of any seizure or and detention under subsection (1)(d).” Section 14(4)(a) is amended by omitting “employed by the 30 Ministry”.
Section 15A is amended by omitting “section 198 of the Sum- mary Proceedings Act 1957” and substituting “section 6 of the Search and Surveillance Act 2009”.

Section 15A is amended by adding the following subsections 35 as subsections (2) and (3): (5) (6) 175 Part 5 cl 232 Search and Surveillance Bill “(2) For the purposes of section 95 of the Search and Surveillance Act 2009, an officer is a person authorised to apply for a search warrant.
“(3) An officer may exercise the powers of a constable to apply for a search warrant under section 6 of the Search and Surveillance 5 Act 2009, in relation to the offences referred to in subsection (1).” Amendments to Gambling Act 2003 232 Amendments to Gambling Act 2003 (1) (2) This section amends the Gambling Act 2003.
Section 335 is amended by repealing subsection (3) and sub- stituting the following subsection: “(3) The provisions of Part 4 of the Search and Surveillance Act (3) (4) 2009 apply.” Section 335(5) is repealed.

Section 336 is amended by repealing subsection (3) and sub- stituting the following subsection: “(3) The provisions of Part 4 of the Search and Surveillance Act (5) (6) (7) 2009 apply.” Section 336(5) is repealed.

Section 337 is repealed.


Section 340 is amended by repealing subsection (2) and sub- stituting the following subsection: “(2) An application must be made in the manner provided in sub- 10 15 20 part 2 of Part 4 of the Search and Surveillance Act 2009 25 to an issuing officer (within the meaning of section 3 of that Act).” Section 340(3) is amended by omitting “The Judge, Justice, Magistrate, or Registrar” and substituting “The issuing offi- cer”.
Section 340 is amended by inserting the following subsection after subsection (3): 30 (8) (9) “(3A) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” (10) Section 340(4) is amended by omitting “sections 341 and” and 35 substituting “section”.

176 Search and Surveillance Bill Part 5 cl 234 (11) Sections 341 to 343 and 345 are repealed.

(12) Section 369(d) is amended by omitting “331, and a search war- rant under section 341” and substituting “331”.
Amendments to Hazardous Substances and New Organisms Act 1996 5 233 Amendments to Hazardous Substances and New (2) (1) Organisms Act 1996 This section amends the Hazardous Substances and New Or- ganisms Act 1996.
Section 119(1) is amended by omitting “District Court Judge 10 or Justice of the Peace or Community Magistrate or any Regis- trar who is satisfied, on application in writing made on oath” and substituting “issuing officer (within the meaning of sec- tion 3 of the Search and Surveillance Act 2009) who is sat- isfied, on an application made in the manner provided in sub- 15 part 2 of Part 4 of that Act”.
Section 119 is amended by repealing subsections (2) subsec- tions (3) to (8) and substituting the following subsection: “(23) The provisions of Part 4 of the Search and Surveillance Act (3) 2009 apply.” Section 120 is repealed.

(4) 20 Amendments to Health and Safety in Employment Act 1992 234 Amendments to Health and Safety in Employment Act (1) (2) 25 1992 This section amends the Health and Safety in Employment Act 1992.
Section 31(3) is amended by omitting “A District Court Judge who, on application made on oath,” and substituting “An issu- ing officer (within the meaning of section 3 of the Search and 30 Surveillance Act 2009) who, on application made in the man- ner provided for an application for a search warrant in subpart 2 of Part 4 of that Act,”.
177 Part 5 cl 235 Search and Surveillance Bill Amendments to Health Practitioners Competence Assurance Act 2003 235 Amendments to Health Practitioners Competence (1) (2) (3) Assurance Act 2003 This section amends the Health Practitioners Competence As- 5 surance Act 2003.

Section 10(1) is amended by omitting “section 198 of the Sum- mary Proceedings Act 1957” and substituting “section 6 of the Search and Surveillance Act 2009”.
Section 10 is amended by repealing subsection (2) and substi- 10 tuting the following subsection: “(2) The provisions of Part 4 of the Search and Surveillance Act (4) 2009 apply.” Section 10(3) is amended by— (a) omitting “section 199 of the Summary Proceedings Act 15 1957” and substituting “subpart 5 of Part 4 of the Search and Surveillance Act 2009”; and omitting from paragraph (a) “section 199 of that Act” and substituting “subpart 5 of Part 4 of that Act”.
(b) Amendments to Human Assisted Reproductive Technology Act 2004 236 Amendments to Human Assisted Reproductive (1) (2) Technology Act 2004 This section amends the Human Assisted Reproductive Tech- nology Act 2004.
Section 68 is amended by repealing subsections (2) to (4) and substituting the following subsection: 20 25 (3) “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 (except sections 108(d), 110(2)(d), 114, and 115) apply.” Section 69(2) is amended by omitting “A District Court Judge, a Justice, or a Court Registrar who is not a member of the po- lice, may, on a written application made on oath by an author- ised person, issue a search warrant in the form set out in Sched- ule 2” and substituting “An issuing officer (within the meaning 35 of section 3 of the Search and Surveillance Act 2009) may, 30 178 Search and Surveillance Bill Part 5 cl 238 on an application made in the manner provided in subpart 2 of Part 4 of that Act, issue a search warrant”.
Section 69 is amended by repealing subsections (3) to (5) and substituting the following subsection: (4) “(3) The provisions of Part 4 of the Search and Surveillance Act 5 2009 apply.” Sections 70 to 72 and Schedule 2 are repealed.

(5) Amendments to Human Tissue Act 2008 237 Amendments to Human Tissue Act 2008 (1) (2) This section amends the Human Tissue Act 2008.
Section 68 is amended by repealing subsections (2) and (3) and substituting the following subsection: 10 15 (3) “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 (except sections 108(d), 110(2)(d), 114, and 115) apply with any necessary modifications.” Section 69(2) is amended by omitting “A District Court Judge, a Community Magistrate, a Justice, or a Registrar who is not a member of the police may, on a written application made on oath by an authorised person, issue a search warrant in the prescribed form” and substituting “An issuing officer (within 20 the meaning of section 3 of the Search and Surveillance Act 2009) may, on an application made by an authorised person in the manner provided for an application for a search warrant in subpart 2 of Part 4 of that Act, issue a search warrant”.
Section 69 is amended by omitting subsections (3) to (5) and 25 substituting the following subsection: (4) “(3) Subject to subsection (6), the provisions of Part 4 of the Search and Surveillance Act 2009 apply with any necessary modifications.” Sections 70 to 72 and 79 are repealed.

(5) 30 Amendments to Immigration Advisers Licensing Act 2007 238 Amendments to Immigration Advisers Licensing Act 2007 Sections 239 and 240 amend the Immigration Advisers Li- censing Act 2007.
35 179 Part 5 cl 239 Search and Surveillance Bill 239 New sections 56 and 57 substituted Sections 56 and 57 are repealed and the following sections substituted: “56 Purposes of inspection administering the licensing regime: The powers in section 57 may be used for 1 or more of the 5 following purposes: “(a) “(b) obtaining information in relation to complaints in re- spect of persons who are or have formerly been licensed to provide immigration advice: obtaining information in respect of persons who have applied to be licensed: investigating offences under this Act.
“(d) “(c) 10 Interpretation powers “57 “(1) Any person authorised by the Registrar may, for a purpose set 15 out in section 56,— “(a) at any reasonable time, enter any premises where the person has good cause to suspect that— “(i) any licensed immigration adviser or former li- censed immigration adviser works or has worked 20 in the past 2 years; or any person who has applied to be licensed as an immigration adviser works; or “(ii) “(iii) a person provides immigration advice or con- tracts or employs a person to provide immigra- 25 tion advice: “(b) question any licensed immigration adviser, former licensed immigration adviser, or other person at any premises of a kind described in paragraph (a): require a person of a kind described in paragraph (a) to 30 produce for inspection relevant documents in that per- son’s possession or under that person’s control: inspect and take copies of documents referred to in paragraph (c): retain documents referred to in paragraph (c), if there 35 are grounds for believing that they are evidence of the commission of an offence.
“(c) “(d) “(e) 180 Search and Surveillance Bill Part 5 cl 241 “(2) “(3) If a requirement is made of a person under subsection (1)(c), the person must immediately comply with that requirement.

If documents are retained under subsection (1)(e), subpart 5 of Part 4 of the Search and Surveillance Act 2009 applies.” 240 Other amendments to Immigration Advisers Licensing 5 (1) (2) (3) (4) (5) Act 2007 Section 58 is repealed.

Section 59 is amended by omitting “or 58”.

Section 60 is amended by omitting “or 58”.


Section 61(1) is amended by omitting “A Judge who, on writ- 10 ten application made on oath,” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided for an application for a search warrant in subpart 2 of Part 4 of that Act,”.
Section 61 is amended by repealing subsection (2) and substi- tuting the following subsection: 15 “(2) The provisions of subpart 2 of Part 4 of the Search and Surveillance Act 2009 apply in respect of an entry warrant.” Section 62(3)(c) is amended by omitting “or 58”.

Section 69(1) is amended by omitting “or 58” in each place where it appears.
(6) (7) 20 Amendments to International Crimes and International Criminal Court Act 2000 241 Amendments to International Crimes and International 25 (1) (2) (3) Criminal Court Act 2000 This section amends the International Crimes and Inter- national Criminal Court Act 2000.

Section 77(3) is amended by omitting “section 37 of the Polic- ing Act 2008” and substituting “section 11 of the Search and 30 Surveillance Act 2009”.
Section 102(1) is amended by omitting “a District Court Judge, on an application in writing made on oath or affirmation” and substituting “an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009), on an application 35 181 Part 5 cl 242 Search and Surveillance Bill made in the manner provided in subpart 2 of Part 4 of that Act”.
Section 102 is amended by repealing subsections (2) to (4) and substituting the following subsection: (4) “(2) The provisions of subparts 1 to 4 and 6 to 8 9 of Part 4 5 and sections 154 and 155 of the Search and Surveillance Act 2009 apply.” Sections 103 to 106 are repealed.

The heading to section 107 is amended by omitting “Notice of execution” and substituting “Report to Attorney-General 10 on execution”.

Section 107 is amended by repealing subsection (1).
Section 107(2) is amended by— (a) omitting “the warrant is executed” and substituting “a warrant issued under section 102 is executed”; and omitting “subsection (1)” and substituting “section 127 of the Search and Surveillance Act 2009”.

Section 107(3) is amended by omitting “the warrant” and sub- stituting “a warrant issued under section 102”.
(b) 15 (5) (6) (7) (8) (9) (10) Section 108(4) is amended by omitting “The” and substituting 20 “Subject to section 148 of the Search and Surveillance Act 2009 (which applies with any necessary modifications), the”.

(11) Section 108(5) is amended by inserting “, but subject to sec- tion 147 of the Search and Surveillance Act 2009 (which applies with any necessary modifications)” after “subsection 25 (4)”.
Amendments to International War Crimes Tribunals Act 1995 242 Amendments to International War Crimes Tribunals Act 1995 This section amends the International War Crimes Tribunals Act 1995.

Section 11 is amended by omitting “a Judge” and substituting “an issuing officer”.

Section 29 is amended by omitting “a Judge” and substituting 35 “an issuing officer”.
30 (1) (2) (3) 182 Search and Surveillance Bill Part 5 cl 243 (4) (5) (6) Section 48(1) is amended by omitting “Any Judge who, on an application in writing made on oath” and substituting “Any issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act”.
Section 48(2) is amended by omitting “Any Judge who, on application in writing made on oath under section 29 of this Act by a member of the Police authorised under that section” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on 10 an application made in the manner provided in subpart 2 of Part 4 of that Act by a constable authorised under section 29”.
Section 48 is amended by repealing subsection (3) and substi- tuting the following subsection: 5 (7) (8) “(3) The provisions of subparts 1 to 4 and 6 to 8 9 of Part 4 15 and sections 154 and 155 of the Search and Surveillance Act 2009 apply.” Sections 49 to 50A and 51 and 52 are repealed.
Section 53 is amended by omitting “the matters set out in para- graphs (a) to (c) of section 52 of this Act” and substituting 20 “the date and time of execution of the warrant, the identity of the person who executed the warrant, and the thing or things seized under the warrant”.

Section 55(5) is amended by omitting “The” and substituting “Subject to sections 147 and 148 of the Search and Surveil- 25 lance Act 2009 (which apply with any necessary modifica- tions), the”.
(9) (10) Section 55(6) is amended by omitting “If” and substituting “Subject to sections 147 and 148 of the Search and Surveil- lance Act 2009 (which apply with any necessary modifica- 30 tions), if”.

Amendments to Land Transport Act 1998 243 Amendments to Land Transport Act 1998 (1) (2) This section amends the Land Transport Act 1998.
Section 119 is amended by repealing subsection (3) and sub- 35 stituting the following subsection: 183 Part 5 cl 244 Search and Surveillance Bill “(3) An enforcement officer may, without warrant, enter, by force if necessary, a building or place where a vehicle to which section 96, 96A, or 123 applies is being stored or kept, and seize and impound the vehicle,— “(a) 5 if— “(i) “(ii) an enforcement officer has been freshly pursuing the vehicle; or it is likely that a person was about to remove, conceal, destroy, or dispose of the vehicle; or “(iii) an enforcement officer believes on reasonable 10 grounds that the vehicle was about to be used in the commission of a crime; and “(b) if, because of the time of the day or the locality, it was impracticable to obtain a warrant without creating an opportunity for the person to do anything referred to in 15 paragraph (a)(ii) or (iii).” Section 119(5) is amended by omitting “apply on oath to a District Court Judge” and substituting “apply, in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009, to an 20 issuing officer (within the meaning of section 3 of that Act),”.
Section 119 is amended by repealing subsection (6) and sub- stituting the following subsection: (3) (4) “(6) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” Amendments to Local Government Act 2002 244 Amendments to Local Government Act 2002 Sections 245 and 246 amend the Local Government Act 2002.
245 Seizure of property from private land (1) Section 165(1) is amended by omitting “A judicial officer” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009)”.

Section 165(2)(a) is amended by omitting “in writing and on oath” and substituting “in the manner provided for an applica- 35 25 30 (2) 184 Search and Surveillance Bill Part 5 cl 246 tion for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009”.
Section 165(2)(b) is amended by omitting “judicial officer” and substituting “issuing officer”.

Section 165 is amended by repealing subsections (3) and (4) 5 and substituting the following subsections: (3) (4) “(3) None of the following persons may act as an issuing officer under this section: “(a) “(b) the mayor or any elected member of the local authority: any employee of the local authority.
10 “(4) The provisions of Part 4 of the Search and Surveillance Act 2009 apply as if a warrant issued under subsection (1) were a search warrant.” 246 Other amendments to Local Government Act 2002 (1) Section 166 is amended by repealing subsections (1) and (2) 15 and substituting the following subsections: “(1) An enforcement officer executing a warrant issued under sec- tion 165(1) must be accompanied by a constable.
20 “(2) Subsection (1) overrides section 165(3) 165(4).” (2) (3) Section 167(1) is amended by omitting “or section 165”.

Section 168(1) is amended by inserting “seized and im- pounded under section 165 164” after “dispose of property”.

Section 171(2) is Section 171(2) and (3) are repealed.
Section 172(3)(a) is amended by omitting “a District Court Judge on written application on oath” and substituting “an is- 25 suing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) on application made in the manner provided for an application for a search warrant in subpart 2 of Part 4 of that Act”.
Section 172 is amended by repealing subsection (4) and sub- 30 stituting the following subsection: (4) (5) (6) “(4) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of any power of entry under this section, subject to subsection (3)(b).” Section 173 is amended by repealing subsection (2) and sub- 35 stituting the following subsection: (7) 185 Part 5 cl 247 Search and Surveillance Bill “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” Amendments to Major Events Management Act 2007 5 247 Amendments to Major Events Management Act 2007 (1) (2) This section amends the Major Events Management Act 2007.
Section 67(1) is amended by omitting “High Court Judge, Dis- trict Court Judge, Community Magistrate, Justice of the Peace, or Registrar of a District Court may issue a search warrant for any place, vehicle, or thing if satisfied, on application in 10 writing made on oath” and substituting “issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a search warrant for any place, vehicle, or thing if satisfied, on application made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 15 2009”.
Section 67 is amended by inserting the following subsection after subsection (1): (3) “(1A) Despite subsection (1), in addition to satisfying any applic- “(b) “(c) able requirement in subpart 2 of Part 4 of the Search and 20 Surveillance Act 2009,— “(a) an application under subsection (1) must include details of any thing that is to be searched for and covered; and a search warrant issued under subsection (1) must state whether it authorises any thing to be covered and, if so, 25 contain, in reasonable detail, a description of the thing to be covered; and a person who executes a warrant and covers any thing must leave in a prominent position or at the place searched or give to the owner or occupier a written 30 notice stating a list of the particulars of the covered thing, and that it may be uncovered in accordance with sections 77 and 78.” (4) Section 67 is amended by repealing subsection (2) and substi- tuting the following subsection: 35 “(2) Subject to section 68, the provisions of Part 4 of the Search and Surveillance Act 2009 apply.” 186 Search and Surveillance Bill Part 5 cl 249 (5) Section 68 is amended by repealing subsection (1) and substi- tuting the following subsections: “(1) Without limiting the powers conferred by any warrant issued under section 67(1), and subject to any conditions specified by the issuing officer, every warrant issued under that section 5 authorises a person authorised to execute it to search for and cover any thing that the warrant authorises to be covered.
“(1A) In applying the provisions of Part 4 of the Search and Surveil- lance Act 2009, any requirement in that Part to provide details or other information in relation to a thing that is seized, is to 10 be taken to include the same requirement in relation to a thing that is covered.” Section 68(2) is amended by omitting “in subsection (1)” and substituting “conferred by a warrant”.

Section 68(3) and (4) are repealed.

Sections 69 to 76 are repealed.


(7) (8) (6) 15 Amendments to Marine Mammals Protection Act 1978 248 Amendments to Marine Mammals Protection Act 1978 Sections 249 and 250 amend the Marine Mammals Protec- 20 tion Act 1978.

249 Powers of search (1) Section 13 is amended by repealing subsection (2) and substi- tuting the following subsection: “(2) The provisions of Part 4 of the Search and Surveillance Act 25 2009 apply.” Section 13(5) is repealed.
(2) 249 Powers of search (1) (2) Section 13 is amended by repealing subsection (2).
Section 13 is amended by inserting the following subsection 30 after subsection (5): “(5A) The provisions of the Search and Surveillance Act 2009 apply.” 187 Part 5 cl 250 Search and Surveillance Bill 250 New section 14 substituted Section 14 is repealed and the following section substituted: “14 Officer may obtain warrant “(1) An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may, on application by an 5 officer made in the manner provided in subpart 2 of Part 4 of that Act, issue a search warrant, to an officer named in the war- rant, authorising the entry and search of any dwellinghouse, place, vehicle, aircraft, or hovercraft if the issuing officer is satisfied that there are reasonable grounds to suspect that— 10 any breach of this Act or any regulation made under it “(a) has been, is being, or will be committed; or “(b) preparation has been made to commit a breach of this kind.
“(2) The provisions of Part 4 of the Search and Surveillance Act 15 2009 apply.” Amendments to Marine Reserves Act 1971 This section amends the Marine Reserves Act 1971.
Section 18 is amended by adding the following subsection: 251 Amendments to Marine Reserves Act 1971 (1) (2) “(3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of any entry and search conducted under subsection (1)(d).” Section 18A is amended by repealing subsection (3) and sub- stituting the following subsection: (3) “(3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” Sections 18B to 18F are repealed.
(4) Amendments to Maritime Security Act 2004 252 Amendments to Maritime Security Act 2004 (1) (2) This section amends the Maritime Security Act 2004.

Section 51(4) is amended by omitting “A judicial officer who, on written application made on oath” and substituting “An is- suing officer (within the meaning of section 3 of the Search 188 20 25 30 Search and Surveillance Bill Part 5 cl 255 and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act”.
Section 51 is amended by inserting the following subsection after subsection (6): (3) “(6A) Subject to subsections (5) and (6), the provisions of Part 4 5 (4) (5) of the Search and Surveillance Act 2009 apply in respect of a warrant issued under subsection (4).” Section 51 is amended by repealing subsection (12).
Section 55(1) is amended by omitting paragraph (b) and sub- stituting the following paragraph: “(b) the constable has reasonable grounds to suspect that— an offence against this Act has been, is being, or “(i) will be committed, whether by that person or any other person; and a search of the person refusing to consent will 15 disclose evidential material relating to that of- fence.” “(ii) 10 Amendments to Maritime Transport Act 1994 253 Amendments to Maritime Transport Act 1994 Sections 254 and 255 amend the Maritime Transport Act 20 1994.
254 Amendments to Part 30 of Maritime Transport Act 1994 (1) Section 453(2) is amended by— (a) (b) repealing paragraphs (a) and (b); and omitting “paragraphs (a) to (c)” and substituting “para- 25 graph (c)”.

(2) (3) Section 453(5) is amended by omitting “or subsection (2)”.

Sections 456 and 457(1) are repealed.
255 New sections 454 and 455 substituted Sections 454 and 455 are repealed and the following sections 30 substituted: “454 Warrant to inspect dwellinghouse, marae, etc “(1) An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application 189 Part 5 cl 256 Search and Surveillance Bill made by an authorised person in the manner provided for an application for a search warrant in subpart 2 of Part 4 of that Act, is satisfied that the entry is essential to enable the inspection of a place referred to in section 453(3) to be carried out, may issue a warrant to the authorised person authorising 5 that authorises that person to enter the place.
“(2) Part 4 of the Search and Surveillance Act 2009 applies.

“(3) In this section and section 455, authorised person means a person authorised by the Director.
10 “455 Entry in respect of offences “(1) Subject to subsection (2), an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a warrant to enter and search a place if, on an application made by an authorised person in the manner provided in subpart 2 of Part 4 of that Act, the issuing offi- 15 cer is satisfied that there are reasonable grounds for believing that there is on or in the place (being a place specified in the application) any thing— “(a) in respect of which an offence against this Act has been or may have been committed; or that is or may be evidence of the commission of an of- fence against this Act; or that is intended to be used for the commission of an offence against this Act.
20 “(b) “(c) “(2) The provisions of Part 4 of the Search and Surveillance Act 25 2009 apply.” Amendments to Meat Board Act 2004 256 Amendments to Meat Board Act 2004 Sections 257 and 258 amend the Meat Board Act 2004.
257 Amendments to Part 3 of Meat Board Act 2004 (1) Section 42(5) is amended by— (a) omitting “A District Court Judge or a Court Registrar (not being a member of the police), who on an appli- cation in writing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the 35 30 190 Search and Surveillance Bill Part 5 cl 258 Search and Surveillance Act 2009) who, on an applica- tion made in the manner provided for an application for a search warrant in subpart 2 of Part 4 of that Act,”; and omitting “in form 1 in Schedule 3”.
(b) Section 42 is amended by repealing subsections (7) and (8) and substituting the following subsections: 5 (2) “(7) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.
“(8) Despite subsection (7), sections 108(d), 110(2)(d), 114, 10 and 115 of the Search and Surveillance Act 2009 apply only in respect of a warrant issued to a named constable or to every constable.” 258 Amendments to Part 4 of Meat Board Act 2004 (1) Section 62(1) is amended by— (a) 15 25 omitting “A District Court Judge or a Court Registrar (not being a member of the Police) who, on an appli- cation in writing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on applica- 20 tion made in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009”; and omitting “in form 2 of Schedule 3”.
(b) Section 62(2) is amended by— (a) omitting “A District Court Judge or a Court Registrar (not being a member of the Police) who, on an appli- cation in writing made an oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on applica- 30 tion made in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009”; and omitting “in form 3 of in Schedule 3”.
(b) Section 62 is amended by repealing subsection (3) and substi- 35 tuting the following subsections: (2) (3) 191 Part 5 cl 259 Search and Surveillance Bill “(3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.

“(3A) Despite subsection (3), sections 108(d), 110(2)(d), 114, and 115 of the Search and Surveillance Act 2009 apply only in respect of a warrant issued to a named constable or to every 5 constable.” Schedule 3 is repealed.
(4) Amendments to Motor Vehicle Sales Act 2003 10 259 Amendments to Motor Vehicle Sales Act 2003 (1) (2) This section amends the Motor Vehicle Sales Act 2003.
Section 130(1) is amended by omitting “District Court Judge, Community Magistrate, Justice of the Peace, or Registrar of a District Court may issue a search warrant for any place if satisfied, on application in writing made on oath,” and substi- tuting “issuing officer (within the meaning of section 3 of the 15 Search and Surveillance Act 2009) may issue a search warrant for any place if satisfied, on application made in the manner provided in subpart 2 of Part 4 of the Search and Surveil- lance Act 2009,”.
Section 130 is amended by repealing subsection (2) and sub- 20 stituting the following subsection: (3) “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” Sections 131 to 140 are repealed.

(4) Amendments to National Parks Act 1980 25 260 Amendments to National Parks Act 1980 (1) (2) (3) This section amends the National Parks Act 1980.

Section 61(2) is repealed.


Section 61(3) is amended by— (a) omitting “If” and substituting “If, in any case to which 30 paragraph (a) or (b) applies,”; and (ab) omitting “if in proceedings” and substituting “in pro- ceedings”; and 192 Search and Surveillance Bill Part 5 cl 261 (b) omitting “then,” and substituting “then, despite sub- part 5 of Part 4 of the Search and Surveillance Act 2009,”; and repealing paragraph (c).
(c) Section 61(6) is amended by omitting “, and shall be retained 5 by the Director-General and dealt with under subsection (7) or subsection (8) of this section”.
Section 61 is amended by repealing subsections (7) and (8) and substituting the following subsection: (4) (5) “(7) Subject to subsection (3), the provisions of Part 4 of the 10 (6) Search and Surveillance Act 2009 apply.” Section 65 is amended by repealing subsection (2) and substi- tuting the following subsection: “(2) The provisions of Part 4 of the Search and Surveillance Act (7) 2009 apply.” Section 66 is amended by repealing subsections (2) and (3) and substituting the following subsection: 15 “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” Amendments to Overseas Investment Act 2005 20 261 Amendments to Overseas Investment Act 2005 (1) (2) This section amends the Overseas Investment Act 2005.
Section 56(2) is amended by omitting “writing and on oath to the Court” and substituting “the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009 to an 25 issuing officer (within the meaning of section 3 of that Act)”.

Section 56(3) is amended by omitting “Court” and substituting “issuing officer”.

Section 56(4) is amended by omitting “Court” and substituting “issuing officer”.
Section 56 is amended by adding the following subsection: (5) “(5) The provisions of Part 4 of the Search and Surveillance Act (3) (4) 30 2009 apply.” Sections 57 to 60 are repealed.

(6) 193 Part 5 cl 262 Search and Surveillance Bill Amendments to Ozone Layer Protection Act 1996 262 Amendments to Ozone Layer Protection Act 1996 Sections 263 to 265 amend the Ozone Layer Protection Act 1996.
5 263 Search warrants (1) Section 23(1) is amended by omitting “District Court Judge or Justice or Community Magistrate or any Registrar (not being a constable) who is satisfied, on application in writing made on oath” and substituting “issuing officer (within the meaning 10 of section 3 of the Search and Surveillance Act 2009) who is satisfied, on an application made in the manner provided in subpart 2 of Part 4 of that Act”.
Section 23 is amended by repealing subsections (2) subsec- tions (3) to (8) and substituting the following subsection: “(23) The provisions of Part 4 of the Search and Surveillance Act (2) 15 2009 apply.” 264 New section 25 substituted Section 25 is repealed and the following section substituted: “25 Retention of property seized 20 If any constable or officer seizes any substance or goods under this Act, subpart 5 of Part 4 of the Search and Surveillance Act 2009 applies to that substance or those goods.” 265 Return or forfeiture of property seized (1) The heading to section 26 is amended by omitting “Return or 25 forfeiture” and substituting “Forfeiture”.
Section 26(1) and (2) are repealed.

(2) Amendment to Petroleum Demand Restraint Act 1981 266 Amendment to Petroleum Demand Restraint Act 1981 (1) This section amends the Petroleum Demand Restraint Act 1981.

30 194 Search and Surveillance Bill Part 5 cl 268 (2) Section 17(4) is amended by omitting “sections 198 and 199 of the Summary Proceedings Act 1957” and substituting “sec- tion 6 and subpart 5 of Part 4 of the Search and Surveillance Act 2009”.
Amendments to Pork Industry Board Act 1997 5 267 Amendments to Pork Industry Board Act 1997 (1) (2) This section amends the Pork Industry Board Act 1997.
Section 44 is amended by inserting the following subsection after subsection (2): (3) “(2A) The provisions of Part 4 of the Search and Surveillance Act 10 2009 (except sections 108(d), 110(2)(d), 114, and 115) apply.” Section 45(1) is amended by omitting “A District Court Judge or a Court Registrar (not being a member of the Police)” and substituting “An issuing officer (within the meaning of sec- 15 tion 3 of the Search and Surveillance Act 2009)”.
Section 45(2) is amended by omitting “A District Court Judge or a Court Registrar (not being a member of the Police)” and substituting “An issuing officer (within the meaning of sec- tion 3 of the Search and Surveillance Act 2009)”.
Section 45 is amended by repealing subsection (3) and substi- tuting the following subsection: (4) (5) 20 “(3) The provisions of Part 4 of the Search and Surveillance Act 2009 (except sections 108(d), 110(2)(d), 114, and 115) apply.” Sections 46 and 47 and Schedule 3 are repealed.

(6) 25 Amendments to Prostitution Reform Act 2003 268 Amendments to Prostitution Reform Act 2003 (1) (2) This section amends the Prostitution Reform Act 2003.
Section 30(1) is amended by omitting “A District Court Judge, 30 Justice, Community Magistrate, or Registrar of a District Court (who is not a member of the police)” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009)”.
195 Part 5 cl 269 Search and Surveillance Bill (3) Section 30 is amended by repealing subsections (2) and (3) and substituting the following subsection: “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply as if a warrant referred to in subsection (1) were a search warrant.” Sections 31 to 33 are repealed.

(4) 5 Amendments to Radiation Protection Act 1965 269 Amendments to Radiation Protection Act 1965 (1) (2) This section amends the Radiation Protection Act 1965.
Section 24(2) is amended by omitting— (a) 10 “If a Justice of the Peace or Community Magistrate is satisfied on oath” and substituting “If an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) is satisfied on an application made in the manner provided in subpart 2 of Part 4 15 of the Search and Surveillance Act 2009”; and omitting “Justice or Community Magistrate” and sub- stituting “issuing officer”.
(b) (3) Section 24 is amended by repealing subsection (3) and substi- tuting the following subsection: 20 “(3) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” Amendments to Radiocommunications Act 1989 270 Amendments to Radiocommunications Act 1989 (1) (2) This section amends the Radiocommunications Act 1989.
Section 120(3) is amended by— (a) 25 omitting “District Court Judge, Justice, or Community Magistrate, or any Court Registrar (not being a con- stable), is satisfied, on application in writing made on oath” and substituting “issuing officer (within the mean- 30 ing of section 3 of the Search and Surveillance Act 2009) is satisfied, on application made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009”; and 196 Search and Surveillance Bill Part 5 cl 272 (b) omitting “that District Court Judge, Justice, Community Magistrate, or Court Registrar” and substituting “that issuing officer”.
Section 120 is amended by adding the following subsection: (3) “(4) The provisions of Part 4 of the Search and Surveillance Act 5 2009 apply.” Sections 121 to 127 are repealed.

(4) Amendments to Reserve Bank of New Zealand Act 1989 271 Amendments to Reserve Bank of New Zealand Act 1989 10 Sections 272 and 273 amend the Reserve Bank of New Zealand Act 1989.
272 Amendments to Part 4 Parts 4 and 5 of Reserve Bank (1) (2) of New Zealand Act 1989 Section 66I is amended by omitting “A Judge of the High 15 Court may issue a warrant to a person appointed under sec- tion 66E(2) if the Judge is satisfied, on application in writ- ing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a warrant to a person appointed under section 20 66E(2) if the issuing officer is satisfied, on application made in the manner provided in subpart 2 of Part 4 of that Act”.
Section 66I is amended by adding the following subsection as subsection (2): “(2) The provisions of Part 4 of the Search and Surveillance Act 25 (3) (4) (5) 2009 apply.” Section 66J is repealed.
Section 106(1) is amended by omitting “A Judge of the High Court who is satisfied, on application in writing made on oath” and substituting “An issuing officer (within the meaning of 30 section 3 of the Search and Surveillance Act 2009) who is satisfied, on application made in the manner provided in sub- part 2 of Part 4 of that Act”.
Section 106(2) is amended by omitting “A Judge of the High Court who is satisfied, on application in writing made on oath” 35 197 Part 5 cl 273 Search and Surveillance Bill and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who is satisfied, on application made in the manner provided in sub- part 2 of Part 4 of that Act”.
Section 106(1) is amended by— (a) omitting “A Judge of the High Court who is satisfied, on application in writing made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who is satisfied, on application made in the manner provided in subpart 10 2 of Part 4 of that Act”; and omitting “, in terms of section 107 of this Act,”.
5 (b) Section 106(2) is amended by— (a) omitting “A Judge of the High Court who is satisfied, on application in writing made on oath” and substituting 15 “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who is satisfied, on application made in the manner provided in subpart 2 of Part 4 of that Act”; and (b) omitting “, in terms of section 107 of this Act,”.
Section 106 is amended by repealing subsection (3) and sub- stituting the following subsection: 20 (4) (5) (6) “(3) Part 4 of the Search and Surveillance Act 2009 applies.” (7) Section 107 is repealed.
273 Further amendments to Part 5D of Reserve Bank of New 25 Zealand Act 1989 Section 157ZM(1) is amended by omitting “A Judge of the High Court or a District Court Judge may issue a search war- rant in terms of clause 5 of Schedule 4 to a person appointed under section 157ZJ(2)(b) if the Judge” and substituting “An 30 issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) may issue a search warrant to a person appointed under section 157ZJ(2)(b) if the issuing of- ficer”.
Section 157ZM is amended by repealing subsection (2) and 35 substituting the following subsection: (1) (2) 198 Search and Surveillance Bill Part 5 cl 274 “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” Section 157ZN(1)(b) is amended by omitting “; and”.

Section 157ZN(1)(c) is repealed.

Section 157ZN(3)(b) is repealed.

Section 157ZN(3)(c) is amended by omitting “or a search war- rant issued under section 157ZM”.

Schedule 4 is repealed.


(3) (4) (5) (6) (7) Amendments to Reserves Act 1977 274 Amendments to Reserves Act 1977 (1) (2) This section amends the Reserves Act 1977.
Section 93 is amended by repealing subsection (5) and substi- tuting the following subsection: In this section, officer means— “(a) “(b) any ranger or constable; and any officer or employee of an administering body who is authorised by that body to exercise the powers of an officer under this Part.” 5 10 15 Section 95(1) is amended by omitting “, and shall be retained by the administering body, or by the Commissioner if there is 20 no administering body, pending the trial of that person for the offence in respect of which it was seized”.
Section 95(2) is amended by— (a) omitting “then” and substituting “then, despite subpart 5 of Part 4 of the Search and Surveillance Act 2009,”; 25 and repealing paragraph (c).
(b) Section 95 is amended by repealing subsection (6) and substi- tuting the following subsections: “(6) Any firearm, trap, net, or other like object found illegally in 30 the possession of any person in any reserve, and any tool or instrument or other equipment found in the possession of any person in any reserve and used in committing an offence in the reserve may be seized by any officer (within the meaning of section 93(5)).
35 199 “(5) (3) (4) (5) Part 5 cl 275 Search and Surveillance Bill “(6A) Subject to subsection (2), the provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of the seizure of any thing under this section.” Section 100 is amended by repealing subsection (2) and sub- stituting the following subsection: (6) 5 “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply in respect of any entry, search, or seizure con- ducted under this section.” 10 15 Amendments to Resource Management Act 1991 275 Amendments to Resource Management Act 1991 (1) (1A) Section 332(3) is amended by omitting “and written author- This section amends the Resource Management Act 1991. isation”.
(1B) Section 333(3) is amended by omitting “and written author- (2) isation”.
Section 334(1) is amended by— (a) omitting “Any District Court Judge or any duly author- ised Justice or any Community Magistrate or Registrar who, on an application in writing made on oath,” and substituting “An issuing officer (within the meaning of 20 section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of that Act,”; and omitting “on one occasion within 14 days of the date of issue of the warrant and at any time which is reasonable 25 in the circumstances”.
(b) (3) Section 334 is amended by repealing subsections (2) and (3) and substituting the following subsection: “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” Sections 335 and 337 are repealed.

The heading to section 335 is amended by omitting “Content and effect” and substituting “Direction and execution”.

Section 335 is amended by repealing subsection (1)(a) and (c), and subsections (2) to (5).
30 35 (4) (4) (5) 200 Search and Surveillance Bill Part 5 cl 278 (6) Sections 336 and 337 and the heading above section 336 are repealed.

Amendments to Sale of Liquor Act 1989 276 Amendments to Sale of Liquor Act 1989 (1) (2) This section amends the Sale of Liquor Act 1989.
Section 177(1) is amended by— (a) 5 omitting “any District Court Judge, Justice, or Com- munity Magistrate, or any Registrar (not being a con- stable), is satisfied, on application in writing made on oath” and substituting “an issuing officer (within the 10 meaning of section 3 of the Search and Surveillance Act 2009) is satisfied, on an application made by a con- stable in the manner provided in subpart 2 of Part 4 of that Act”; and omitting “Judge, Justice, Community Magistrate, or 15 Registrar” and substituting “issuing officer”.
(b) (3) Section 177 is amended by repealing subsections (2) to (9) and substituting the following subsection: “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” Amendment to Social Security Act 1964 277 Amendment to Social Security Act 1964 Section 278 amends the Social Security Act 1964.
278 New section 128A inserted The following section is inserted after section 128: “128A Chief executive may apply for search warrant “(1) For the purposes of section 95 of the Search and Surveillance Act 2009, the chief executive is a person authorised to apply for a search warrant.
20 25 “(2) The chief executive may exercise the powers of a constable to 30 apply for a search warrant under section 6 of the Search and Surveillance Act 2009, in relation to— “(a) “(b) an offence against this Act; or an offence described in Part 10 of the Crimes Act 1961.” 201 Part 5 cl 279 Search and Surveillance Bill Amendments to Tax Administration Act 1994 279 Amendments to Tax Administration Act 1994 (1) (2) This section amends the Tax Administration Act 1994.
Section 16(4) is amended by omitting “A judicial officer who, on written application made on oath” and substituting “An is- 5 suing officer who, on application made in the manner provided for an application for a search warrant in subpart 2 of Part 4”.

Section 16(5)(c) is amended by omitting “judicial officer” and substituting “issuing officer”.
Section 16(7) is amended by omitting the definition of judicial officer and substituting the following definition: “issuing officer has the same meaning as in section 3 of the Search and Surveillance Act 2009”.
Section 16C(2) is amended by— (a) (3) (4) (5) 10 15 omitting “A judicial officer” and substituting “An issu- ing officer”; and by omitting “on written application made on oath, the judicial officer” and substituting “on application made in the manner provided for an application for a search 20 warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009, the issuing officer”.
(b) (6) “(8) Section 16C is amended by repealing subsection (8) and sub- stituting the following subsection: In this section, issuing officer has the same meaning as in 25 section 3 of the Search and Surveillance Act 2009.” Amendments to Trade in Endangered Species Act 1989 280 Amendments to Trade in Endangered Species Act 1989 (1) This section amends the Trade in Endangered Species Act 30 1989.

Section 37(3), (4), and (6) are repealed.
Section 37 is amended by adding the following subsection: (2) (3) “(8) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” Section 38(2) is amended by— 35 (4) 202 Search and Surveillance Bill Part 5 cl 281 (a) (b) omitting “District Court Judge or Justice of the Peace or Community Magistrate or Registrar of any Court (not being a member of the Police), who, on application by an officer in writing made on oath” and substituting “is- suing officer (within the meaning of section 3 of the 5 Search and Surveillance Act 2009) who, on application made in the manner provided in subpart 2 of Part 4 of that Act”; and omitting “; and the provisions of subsections (3) to (8) of section 198 of the Summary Proceedings Act 1957 10 shall apply accordingly”.
Section 38 is amended by adding the following subsection: (5) “(4) The provisions of Part 4 of the Search and Surveillance Act (6) 2009 apply.” Section 38A is amended by omitting “149C(1) and (2), 15 149D,”, and substituting “149C(1) to (3)”.

Amendments to Unsolicited Electronic Messages Act 2007 281 Amendments to Unsolicited Electronic Messages Act 2007 (1) This section amends the Unsolicited Electronic Messages Act 20 2007.
Section 51(1) is amended by adding inserting “in the manner provided in subpart 2 of Part 4 of the Search and Surveil- lance Act 2009” after “may apply”.

Section 51(2) is repealed.

Section 51(3) is amended by omitting “in writing and on oath to the District Court” and substituting “to an issuing officer (within the meaning of section 3 of the Search and Surveil- lance Act 2009)”.

Section 51(4) is amended by omitting “District Court” and 30 substituting “issuing officer”.
25 (2) (3) (4) (5) (5A) Section 51(5) is amended by omitting “District Court” and (6) substituting “issuing officer”.

Section 51 is amended by repealing subsection (5) and substi- tuting the following subsection adding the following subsec- 35 tion: 203 Part 5 cl 282 Search and Surveillance Bill “(56) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” Sections 52 to 56 and 58(j) are repealed.
(7) Amendments to Wild Animal Control Act 1977 282 Amendments to Wild Animal Control Act 1977 (1) (2) This section amends the Wild Animal Control Act 1977.
Section 12(10) is amended by— (a) 5 omitting “, on production of his or her warrant of ap- pointment if so required,”; and omitting from the proviso “under the hand of a District 10 Court Judge” and substituting “in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009 by an issuing officer (within the meaning of section 3 of that Act)”.
(b) (3) 15 Section 12(11) is amended by— (a) omitting “District Court Judge or Justice of the Peace or Community Magistrate who is satisfied on oath that there is probable cause to suspect” and substituting “is- suing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who is satisfied that 20 there are reasonable grounds to believe”; and omitting “at such time or times of the day as are men- tioned in the warrant, but no such warrant shall continue in force for more than 14 days from the date thereof”.
Section 12 is amended by adding the following subsection: (b) 25 (4) “(13) The provisions of Part 4 of the Search and Surveillance Act 2009 apply.” Section 13(1) is amended by omitting “, on production of his warrant of appointment if so required,”.
Section 13(6) is amended by— (a) omitting “, on production of his warrant of appointment if so required,”; and omitting from the proviso “under the hand of a Dis- trict Court Judge or Justice of the Peace or Community Magistrate” and substituting “issued by an issuing offi- 35 cer (within the meaning of section 3 of the Search and Surveillance Act 2009)”.
(b) 30 (5) (6) 204 Search and Surveillance Bill Part 5 cl 283 (7) Section 13(7) is amended by— (a) omitting “District Court Judge or Justice of the Peace or Community Magistrate who is satisfied on oath that there is probable cause to suspect” and substituting “is- suing officer (within the meaning of section 3 of the 5 Search and Surveillance Act 2009) who is satisfied that there are reasonable grounds to believe”; and omitting “at such time or times of the day as are men- tioned in the warrant, but no such warrant shall continue in force for more than 14 days from the date thereof”.
Section 13 is amended by adding the following subsection: (b) 10 (8) “(10) The provisions of Part 4 of the Search and Surveillance Act (9) 2009 apply.” The proviso to section 14(2) is amended by omitting “under the hand of a District Court Judge or Justice of the Peace or 15 Community Magistrate” and substituting “issued by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009)”.
Amendments to Wildlife Act 1953 283 Amendments to Wildlife Act 1953 (1) (2) This section amends the Wildlife Act 1953.
The proviso to section 39(1)(f)(iii) is amended by— (a) 20 omitting “Justice or Community Magistrate who is sat- isfied on oath that there is probable cause to suspect” and substituting “issuing officer (within the meaning of 25 section 3 of the Search and Surveillance Act 2009) who is satisfied on reasonable grounds”; and omitting “at such time or times in the day or night as are mentioned in the warrant, but no such warrant shall continue in force for more than 14 days from the date 30 thereof”.
(b) Section 39 is amended by adding the following subsection: (3) “(3) The provisions of Part 4 of the Search and Surveillance Act (4) 2009 apply.” Section 56A is amended by omitting “149C(1) and (2), 35 149D,”, and substituting “149C(1) to (3)”.

205 Part 5 cl 284 Search and Surveillance Bill Amendments to Wine Act 2003 284 Amendments to Wine Act 2003 (1) (2) This section amends the Wine Act 2003.

Section 62(1) is amended by omitting “at any reasonable time”.
Section 62(2) is amended by omitting “, at any time that is reasonable in the circumstances”.
Section 62 is amended by repealing subsections (3) and (4) and substituting the following subsection: (3) (4) 5 “(3) The provisions of subpart 3 of Part 4 of the Search and 10 Surveillance Act 2009 apply in respect of the exercise of any powers under this section.” Section 63 is amended by repealing subsection (2) and substi- tuting the following subsection: (5) “(2) The provisions of Part 4 of the Search and Surveillance 15 Act 2009 (other than sections 108(d), 110(2)(d), 114, and 115) apply in respect of the exercise of powers under subsection (1)(a) and (b).” Section 63(3) is amended by omitting “this section” and sub- stituting “any of paragraphs (c) to (f) of subsection (1)”.
Section 65(1) is amended by— (a) (7) (6) 20 omitting “Any District Court Judge, Community Magistrate, Justice of the Peace, or Registrar may issue a search warrant, in the form set out in Schedule 1” and substituting “An issuing officer (within the meaning of 25 section 3 of the Search and Surveillance Act 2009) may issue a search warrant”; and omitting “on application in writing made on oath” and substituting “on an application by a constable or a wine officer made in the manner provided in subpart 2 of 30 Part 4 of the Search and Surveillance Act 2009”.
Section 65 is amended by repealing subsections (2) and (3) and substituting the following subsection: (b) (8) “(2) Subject to section 66, the provisions of Part 4 of the Search and Surveillance Act 2009 apply.” Section 66 is amended by repealing subsection (1) and substi- tuting the following subsection: 35 (9) 206 Search and Surveillance Bill Part 5 cl 285 “(1) Without limiting the powers conferred by any search warrant issued under section 65(1), every warrant issued under that section authorises the constable or wine officer who is execut- ing it, and any person called on by that constable or officer to assist, to exercise— “(a) all the powers of a wine officer under sections 63 and 64; or “(b) only such of those powers as are specified in the war- rant.” (10) Section 66 is amended by repealing subsections (2) and (4).
(11) Section 67 is amended by repealing subsections (1) to (3).

(12) Section 68 is amended by— (a) (b) (c) omitting “Section 199 of the Summary Proceedings Act 1957” and substituting “Subpart 5 of Part 4 of the Search and Surveillance Act 2009”; and repealing paragraphs (a) to (c); and omitting from paragraph (d) “forfeited to the Crown or”.

(13) Schedule 1 is repealed.


Subpart 2—Amendments to search and seizure powers in other enactments (and to related provisions) used for regulatory purposes Amendments to Anti-Personnel Mines Prohibition Act 1998 5 10 15 20 285 Amendments to Anti-Personnel Mines Prohibition Act 25 1998 This section amends the Anti-Personnel Mines Prohibition Act 1998.
Section 22(1) is amended by omitting “A District Court Judge, Justice, Community Magistrate, or Registrar (not 30 being a member of the police), who, on an application,” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009,”.

Section 22(2) is amended by repealing paragraph (b).
35 (1) (2) (3) 207 Part 5 cl 286 Search and Surveillance Bill (4) Section 22 is amended by repealing subsection (4) and substi- tuting the following subsection: “(4) The provisions of subparts 2 and 3 of Part 4 of the Search and Surveillance Act 2009 apply.” Amendments to Chemical Weapons (Prohibition) Act 1996 286 Amendments to Chemical Weapons (Prohibition) Act (1) (2) 1996 This section amends the Chemical Weapons (Prohibition) Act 1996.
Section 23(2) is amended by— (a) 5 10 (b) omitting “a District Court Judge, duly authorised Just- ice, a Community Magistrate, or a Registrar (not being a member of the Police)” and substituting “an issuing officer (within the meaning of section 3 of the Search 15 and Surveillance Act 2009)”; and omitting “, unconditionally or subject to conditions, a warrant authorising the entry of the place, at any time within 14 days of the issue of the warrant (or within such further time as may be specified in the warrant)” 20 and substituting “a warrant authorising the entry of the place”.
Section 23 is amended by adding the following subsection: (3) “(4) Subject to subsection (3), the provisions of subparts 2 and 3 of Part 4 of the Search and Surveillance Act 2009 apply.” Sections 24 and 25 are repealed.

(4) 25 Amendments to Commerce Act 1986 287 Amendments to Commerce Act 1986 (1) (2) This section amends the Commerce Act 1986.
Section 98A(2) is amended by omitting “A District Court 30 Judge, Justice, or Community Magistrate, or a Court Registrar (not being a constable) who is satisfied on application made on oath” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 208 Search and Surveillance Bill Part 5 cl 289 2009) who is satisfied, on an application made in the manner provided in subpart 2 of Part 4 of that Act”.
Section 98A is amended by repealing subsection (3) and sub- stituting the following subsection: (3) “(3) The provisions of Part 4 of the Search and Surveillance Act 5 (4) (5) (6) 2009 apply, with any necessary modifications.” Section 98A(4) is amended by adding “of this Act”.

Sections 98B to 98F are repealed.

Section 98G is amended by omitting “to 98F” and substituting “and 98A”.
10 Amendment to Credit Contracts and Consumer Finance Act 2003 288 Amendment to Credit Contracts and Consumer Finance (1) (2) Act 2003 This section amends the Credit Contracts and Consumer Fi- 15 nance Act 2003.

Section 113(d) is amended by omitting “98A to 98G” and sub- stituting “98A and 98G”.

Amendments to Electricity Act 1992 289 Amendments to Electricity Act 1992 (1) (2) This section amends the Electricity Act 1992.
Section 159(1) is amended by repealing paragraph (e) and sub- stituting the following paragraph: “(e) 20 entry into a dwellinghouse must be authorised by a war- rant issued by an issuing officer (within the meaning of 25 section 3 of the Search and Surveillance Act 2009) on an application made in the manner provided for an ap- plication for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009.” (3) (4) Section 172KD(6) is amended by omitting “by written appli- 30 cation made on oath” and substituting “by application made in the manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009”.
Section 172KD(7) is amended by omitting “A District Court Judge, Justice, or Community Magistrate, or a Court Registrar 35 209 Part 5 cl 290 Search and Surveillance Bill (not being a constable)” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveil- lance Act 2009)”.

Amendments to Fair Trading Act 1986 5 290 Amendments to Fair Trading Act 1986 (1) (2) This section amends the Fair Trading Act 1986.
Section 47(2) is amended by— (a) omitting “A District Court Judge, Justice, Community Magistrate, or Court Registrar (not being a constable)” and substituting “An issuing officer (within the meaning 10 of section 3 of the Search and Surveillance Act 2009”; and omitting “on oath” and substituting “in the manner pro- vided for an application for a search warrant in subpart 2 of Part 4 of that Act”.
15 (b) (3) Section 47 is amended by omitting repealing subsection (3) and substituting the following subsection: “(3) Part 4 of the Search and Surveillance Act 2009 (except sec- tions 108(d), 110(2)(d), 114, and 115) applies.” Sections 47A to 47E are repealed.

(4) 20 Amendments to Forests Act 1949 291 Amendments to Forests Act 1949 (1) (2) This section amends the Forests Act 1949.
Section 67D(1)(e) is amended by omitting “under section 67S” and substituting “in accordance with the provisions of Part 4 25 of the Search and Surveillance Act 2009”.

Section 67R is amended by adding the following subsection as subsection (2): (3) “(2) The provisions of Part 4 of the Search and Surveillance Act 2009 (except sections 108(d), 110(2)(d), 114, and 115) 30 apply.” Section 67S is repealed.
Section 71B(1) is amended by omitting “subject to the fol- lowing conditions” and substituting “subject to Part 4 of the (4) (5) 210 Search and Surveillance Bill Part 5 cl 292 (6) (7) (8) Search and Surveillance Act 2009 and to the following con- ditions”.

Section 71B(1)(b) to (d) and (f) are repealed.


Section 71B(1)(e) is amended by omitting “on oath by an au- thorised person to a District Court Judge, Justice of the Peace, 5 Community Magistrate, or Registrar or Deputy Registrar of any Court” and substituting “in the manner provided for an application for a search warrant in Part 4 of the Search and Surveillance Act 2009 by an authorised person to an issuing officer”.
Section 71B(2) is amended by inserting “and the conditions set out in Part 4 of the Search and Surveillance Act 2009 relating to time of entry, notification of intention to enter, and evidence of identification or authorisation to enter,” after “that subsection,”.

10 15 Amendments to Gas Act 1992 (3) (4) 292 Amendments to Gas Act 1992 (1) (2) This section amends the Gas Act 1992.
Section 43W(6) is amended by omitting “by written appli- cation on oath” and substituting “by application made in the 20 manner provided in subpart 2 of Part 4 of the Search and Surveillance Act 2009”.

Section 43W(7) is amended by omitting “A District Court Judge, Justice, or Community Magistrate, or a Court Registrar (not being a constable)” and substituting “An issuing officer 25 (within the meaning of section 3 of the Search and Surveil- lance Act 2009)”.
Section 50(1) is amended by repealing paragraph (e) and sub- stituting the following paragraph: “(e) entry into a dwellinghouse must be authorised by a war- 30 rant issued by an issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) on an application made in the manner provided for an ap- plication for a search warrant in subpart 2 of Part 4 of the Search and Surveillance Act 2009.” 35 211 Part 5 cl 293 Search and Surveillance Bill Amendment to International Energy Agreement Act 1976 (2) 293 Amendment to International Energy Agreement Act 1976 This section amends the International Energy Agreement Act (1) 1976.
Section 9(3) is amended by omitting “sections 198 and 199 of the Summary Proceedings Act 1957” and substituting “sec- tion 6 of the Search and Surveillance Act 2009 and subpart 5 of Part 4 of that Act”.

Section 11 is amended by omitting “Sections 198 and 199 of 10 the Summary Proceedings Act 1957” and substituting “Sec- tion 6 of the Search and Surveillance Act 2009 and subpart 5 of Part 4 of that Act”.
(3) 5 Amendments to Weights and Measures Act 1987 294 Amendments to Weights and Measures Act 1987 (1) (2) This section amends the Weights and Measures Act 1987.
Section 28(3) is amended— (a) 15 by omitting “Any District Court Judge, Justice, or Community Magistrate, or any Registrar (not being a constable), who, on an application in writing made on 20 oath,” and substituting “An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2009) who, on an application made in the manner provided for an application for a search warrant in subpart 2 of Part 4 of the Search and Surveillance 25 Act 2009,”; and by omitting “in the prescribed form”.
(b) Subpart 3—Other repeals and amendments Amendments to Arms Act 1983 295 Arms Act 1983 amended (1) (2) This section amends the Arms Act 1983.

The heading above section 60 and sections 60 to 61 are re- pealed.

30 212 (3) (4) (5) (3) Search and Surveillance Bill Part 5 cl 297 Amendments to Corrections Act 2004 296 Corrections Act 2004 amended (1) (2) This section amends the Corrections Act 2004.
Section 23(1) is amended by omitting “314A to 314D of the Crimes Act 1961” and substituting “117, 123, 124, and 169 5 of the Search and Surveillance Act 2009”.

Section 23(3) is amended by repealing paragraph (a) and sub- stituting the following paragraph: “(a) section 18 of the Misuse of Drugs Act 1975 (which con- fers powers of search and seizure):”.
10 Section 23(3) is amended by repealing paragraph (d) and sub- stituting the following paragraphs: “(d) section 22 of the Search and Surveillance Act 2009 (which confers powers in relation to internal searches): sections 44 and 45 of the Search and Surveillance Act 15 2009 (which confer powers in relation to surveillance devices).” “(e) Section 103(2) is amended by— (a) (b) omitting “or section 18A”; and adding “or section 22 of the Search and Surveillance 20 Act 2009”.
Amendments to Crimes Act 1961 297 Crimes Act 1961 amended (1) (2) This section amends the Crimes Act 1961.

Section 1(3) is amended by omitting “Part 11A—Obtaining 25 evidence by listening to devices.

(sections 312A to 312Q)”.
Section 2(1) is amended by inserting the following definition in its appropriate alphabetical order: “serious violent offence means any offence— “(a) that is punishable by a period of imprisonment for a 30 term of 7 years or more; and “(i) “(b) where the conduct constituting the offence involves— loss of a person’s life or serious risk of loss of a person’s life; or serious injury to a person or serious risk of ser- 35 ious injury to a person; or “(ii) 213 Part 5 cl 298 Search and Surveillance Bill “(iii) serious damage to property in circumstances en- dangering the physical safety of any person; or “(iv) perverting the course of justice, where the pur- pose of the conduct is to prevent, seriously hin- der, or seriously obstruct the detection, investi- 5 gation, or prosecution of any offence— “(A) that is punishable by a period of imprison- ment for a term of 7 years or more; and that involved, involves, or would involve conduct of the kind referred to in any of 10 subparagraphs (i) to (iii)”.
“(B) (4) (5) (6) (7) (8) (9) Section 98A(2) is amended by omitting “(within the meaning of section 312A(1))” in each place where it appears.

Sections 202B, 216F 216F(1)(a) and (b)(ii), 224, and 225, Part 11A, the heading above section 314A, sections 314A to 314D, 15 and sections 317 to 317B are repealed.

Section 216B(2)(b) is amended by repealing subparagraph (i) and substituting the following subparagraph: “(i) the Search and Surveillance Act 2009; or”.
Section 216B(2)(b) is amended by repealing subparagraph 20 (iv).

Section 216B(3) is repealed.

Section 216B(7) is amended by inserting “or of a surveillance device warrant issued under the Search and Surveillance Act 2009” after “interception warrant”.

25 (10) Section 252(3)(a) is amended by inserting “or a surveillance device warrant issued under the Search and Surveillance Act 2009” after “search warrant”.
Amendment to District Courts Act 1947 298 District Courts Act 1947 amended 30 Section 299 amends the District Courts Act 1947.
299 New section 17A substituted Section 17A is repealed and the following section substituted: 214 Search and Surveillance Bill Part 5 cl 303 “17A Sections 117, 123, and 124 of Search and Surveillance Act 2009 inapplicable to bailiffs Sections 117, 123, and 124 of the Search and Surveillance Act 2009 (which relate to a general power to stop vehicles) do not apply to any bailiff.” 5 Amendment to Electricity Industry Reform Act 1998 300 Electricity Industry Reform Act 1998 amended (1) (2) This section amends the Electricity Industry Reform Act 1998.
Section 58(h) is amended by omitting “sections 98B to 98G” 10 and substituting “section 98G”.

Amendment to Health Act 1956 301 Health Act 1956 amended (1) (2) This section amends the Health Act 1956.
Section 71A is amended by repealing subsection (5) and sub- 15 stituting the following subsection: “(5) Sections 123, 124, and 169 of the Search and Surveil- lance Act 2009, with any necessary modifications, apply to the powers conferred by subsection (2)(c).” Amendments to Misuse of Drugs Act 1975 20 302 Misuse of Drugs Act 1975 amended Sections 303 and 304 amend the Misuse of Drugs Act 1975.
303 New section 18 substituted Sections 18 and 18A are repealed and the following section is substituted: “18 Seizing and destroying prohibited plants and seeds “(1) The following persons may take any or all of the actions de- scribed in subsection (2): a constable: “(a) an officer of Customs: “(b) a Customs officer: “(b) an officer of the Ministry of Health: “(c) a Medical Officer of Health: “(d) 25 30 215 Part 5 cl 304 Search and Surveillance Bill “(e) an assistant thought to be necessary by any of the per- sons in paragraphs (a) to (d).
“(2) The actions are to seize and destroy any of the following: “(a) “(b) a prohibited plant that is not being cultivated in accord- ance with— “(i) the conditions of a licence granted under this Act; or regulations made under this Act: “(ii) the seed of a prohibited plant that is not in the possession of a person— “(i) authorised under this Act to cultivate the plant; or “(ii) permitted by regulations made under this Act to have the seed in his or her possession.” 304 Application of Customs and Excise Act 1996 Section 36(1) is amended by omitting “149C(1) and (2), 149D, 151, 152, 161, 165 to 172” and substituting “149C(1) to (3), 151, 152, 161, 166A to 167”.
Amendments to Misuse of Drugs Amendment Act 1978 305 Misuse of Drugs Amendment Act 1978 amended (1) This section amends the Misuse of Drugs Amendment Act 1978.
Section 10(1) is amended by inserting the following defini- tions in their appropriate alphabetical order: “serious violent offence means any offence— “(a) that is punishable by a period of imprisonment for a term of 7 years or more; and “(b) where the conduct constituting the offence involves— “(i) “(ii) loss of a person’s life or serious risk of loss of a 30 person’s life; or serious injury to a person or serious risk of ser- ious injury to a person; or “(iii) serious damage to property in circumstances en- dangering the physical safety of any person; or 35 (2) 216 Search and Surveillance Bill Part 5 cl 305 “(iv) perverting the course of justice, where the pur- pose of the conduct is to prevent, seriously hin- der, or seriously obstruct the detection, investi- gation, or prosecution of any offence— “(A) “(B) that is punishable by a period of imprison- 5 ment for a term of 7 years or more; and that involved, involves, or would involve conduct of the kind referred to in any of subparagraphs (i) to (iii) “specified offence means any of the following offences: “(a) 10 an offence punishable by a period of imprisonment for a term of 10 years or more: an offence against section 116 of the Crimes Act 1961 (which relates to conspiring to defeat justice): an offence against section 117 of the Crimes Act 1961 15 (which relates to corrupting juries and witnesses): an offence punishable under section 223(b) of the Crimes Act 1961 (theft of property exceeding $1,000 in value): an offence against section 243 of the Crimes Act 1961 20 (which relates to money laundering): an offence punishable under section 247 of the Crimes Act 1961 (which relates to receiving property dishon- estly obtained) “(b) “(c) “(d) “(e) “(f) “terrorist offence means an offence against any of sections 25 6A to 13E of the Terrorism Suppression Act 2002”.
Section 12(1) is amended by inserting the following paragraph paragraphs after paragraph (b): “(ba) allow the package or goods to be delivered by a person who has agreed to co-operate with Customs; or 30 “(bb) deliver the package or goods; or”.

Sections 12A to 12C, 25, and 26 and 14 to 29 are repealed.

Section 21(1)(b) is amended by omitting “(as those terms are defined in section 312A of the Crimes Act 1961)”.
Section 22(1)(b) is amended by omitting “(as those terms are 35 defined in section 312A of the Crimes Act 1961)”.

(3) (4) (5) (6) 217 Part 5 cl 306 Search and Surveillance Bill Amendment to Mutual Assistance in Criminal Matters Act 1992 (2) 306 Mutual Assistance in Criminal Matters Act 1992 amended This section amends the Mutual Assistance in Criminal Mat- (1) ters Act 1992.
Section 46A is amended by omitting “314B to 314D of the Crimes Act 1961 apply with any necessary modifications as if references in those sections to a statutory search power are” and substituting “117, 123, 124, and 169 of the Search and Surveillance Act 2009 apply with any necessary modifications 10 as if references in those sections to a power to stop or search a vehicle conferred under that Act or any relevant enactment (as defined in section 3 of that Act) were”.
5 Amendments to Policing Act 2008 307 Policing Act 2008 amended (1) (2) (3) This section amends the Policing Act 2008.

Sections 37 to 39 are repealed.

Clause 1(a) of Schedule 1 is amended by omitting “36, and 37” and substituting “and 36”.

Clause 1 of Schedule 1 is amended by inserting the following 20 paragraph after paragraph (a): “(ab) the powers of a constable under section 11 of the 15 Search and Surveillance Act 2009:”.
Clause 4(e) of Schedule 1 is amended by omitting “32, 33, and 37” and substituting “32 and 33”.

Clause 4 of Schedule 1 is amended by inserting the following paragraph after paragraph (e): “(ea) the powers of a constable under section 11 of the 25 Search and Surveillance Act 2009:”.

Clause 5 of Schedule 1 is amended by omitting “314B of the 30 Crimes Act 1961” and substituting “117 of the Search and Surveillance Act 2009”.
(4) (5) (6) (7) Amendment to Proceeds of Crime Act 1991 308 Proceeds of Crime Act 1991 amended (1) This section amends the Proceeds of Crime Act 1991.
35 218 Search and Surveillance Bill Part 5 cl 311 (2) Section 32A is amended by omitting “314B to 314D of the Crimes Act 1961 apply with any necessary modifications as if references in those sections to a statutory search power are” and substituting “117, 123, 124, and 169 of the Search and Surveillance Act 2009 apply with any necessary modifications 5 as if references in those sections to a power to stop or search a vehicle conferred under that Act or any relevant enactment (as defined in section 3 of that Act) were”.
Amendments to Summary Proceedings Act 1957 10 309 Summary Proceedings Act 1957 amended (1) (2) (3) This section amends the Summary Proceedings Act 1957.

Section 3(1)(h) is repealed.

The heading above section 198 and sections 198 to 200 are repealed.

The heading above section 200A and sections 200A to 200P 15 are repealed.
Part 2 of Schedule 1 is amended by inserting the following item after the item relating to the Sales Tax Act 1974: Search and Surveillance Act 2009 165 Failing to comply with examination (4) (5) order 166 Failing to comply with production order Amendment to Telecommunications Act 2001 310 Telecommunications Act 2001 amended (1) (2) This section amends the Telecommunications Act 2001.

Section 15(g) is amended by omitting “to 98G” and substitut- ing “and 98G”.
Amendment to Telecommunications (Interception Capability) Act 2004 311 Telecommunications (Interception Capability) Act 2004 (1) amended This section amends the Telecommunications (Interception Capability) Act 2004.

20 25 219 Part 5 cl 312 Search and Surveillance Bill (2) Paragraph (a) of the definition of interception warrant in sec- tion 3(1) is repealed.
Repeal of Telecommunications (Residual Provisions) Act 1987 312 Telecommunications (Residual Provisions) Act 1987 5 repealed The Telecommunications (Residual Provisions) Act 1987 (1987 No 116) is repealed.
Subpart 4—Regulation-making powers, transitional provisions, and review provision 10 313 Regulations (1) The Governor-General may, by Order in Council, make regu- lations for any or all of the following purposes: (a) residual warrant declaratory 15 prescribing the form of an examination order, a surveil- lance device warrant, order, production order, search warrant, warrant au- thorising entry to a dwellinghouse or marae, or similar kinds of warrants: prescribing procedures to be followed for the purposes of making and resolving claims of privilege under sub- 20 part 4 of Part 4: authorising a chief executive to omit from any annual report information about search or surveillance gener- ally, or of a particular kind, or in a particular area, or in an area of a particular kind: providing for any other matters contemplated by the Act, necessary for its administration, or necessary for giving it full effect.
25 (b) (c) (d) Regulations made under subsection (1)(a) may do any or all of the following: (a) prescribe different forms of warrant or order for use under different enactments: prescribe any form of warrant or order by listing the minimum information requirements to be included: authorise a chief executive or any other specified per- 35 son or class of person to authorise variations in the lan- (b) (c) 30 (2) 220 Search and Surveillance Bill Part 5 cl 316 (d) guage, provisions, or format of any form of warrant or order in the warrant or order: authorise a chief executive or any other specified class of person to include additional information in a pre- scribed form of warrant or order.
5 Transitional provisions 314 Transitional provision in relation to reporting requirements For the purposes of section 163, the period to be reported on in the first annual report published after the commencement 10 of this Act that section begins with the commencement of this Act that section and ends with the end of the financial year or other period ordinarily the subject of the report.
315 Transitional provision in relation to sections 198 to 200 of Summary Proceedings Act 1957 15 (1) Despite their repeal by section 309, sections 198 to 200 of the Summary Proceedings Act 1957 remain in force for the purposes of any enactment that incorporates or refers to any of those provisions.

Subsection (1) does not limit the application of the Interpret- 20 ation Act 1999.

This section expires on the close of 30 June 2014.
(3) (2) Review provision 316 Review of operation of Act (1) The Minister of Justice must, not later than 30 June 2015 2016, 25 refer to the Law Commission and the Ministry of Justice for consideration the following matters: (a) the operation of the provisions of this Act since the date of the commencement of this section: (b) whether those provisions should be retained or re- 30 (c) pealed: if they should be retained, whether any amendments to this Act are necessary or desirable.
221 Part 5 cl 316 Search and Surveillance Bill (2) (3) The Law Commission and the Ministry must report jointly on those matters to the Minister of Justice within 1 year of the date on which the reference occurs.

The Minister of Justice must present a copy of the report pro- vided under this section to the House of Representatives as 5 soon as practicable after receiving it.
222 Search and Surveillance Bill Schedule Schedule Powers in other enactments to which all or part of Part 4 of Search and Surveillance Act 2008 applies s 87AA Column 1 Act Agricultural Compounds and Medicines 1997 Veterinary Act Column 2 Column 3 Brief description of power Section 64(1) and (2) ACVM officer may en- ter and inspect transi- tional facility or biose- curity control area 69(1) 71(1) Constable or ACVM officer may obtain and execute search warrant to search for agricul- tural compounds or bio- logical agents and re- lated objects Constable or ACVM officer may dispose of property seized under issued search warrant under 69(1) section of Agricultural Com- pounds and Veterinary Medicines Act 1997 87(1) and (2) Animal product officer may enter place to deter- mine whether person is complying with Animal Products Act 1999 or whether shellfish pose hazard to public health Animal product officer may examine things at place entered under sec- tion 87(1) or (2) of Ani- mal Products Act 1999 88(1) Animal Products Act 1999 Column 4 Which provisions in Part 4 apply (except sec- All 108(d), tions 110(2)(d), 114, and 115 (which relate to detention and search inciden- tal to power of ar- rest)) All *Subpart 5 (which sets out procedures applying to seized or produced mater- ials) *Subpart 3 (which relates to carrying out search powers) All (except sec- tions 108(d), 114, 110(2)(d), and 115 (which relate to detention and search inciden- tal to power of ar- rest)) 223 Column 4 Which provisions in Part 4 apply All *Subpart 5 (which sets out procedures applying to seized or produced mater- ials) (except that All 108(d), sections 110(2)(d), 114, and 115 (which relate to detention and search inciden- tal to power of ar- rest) apply only to a constable) *Subpart 5 (which sets out procedures applying to seized or produced mater- ials) All Schedule Search and Surveillance Bill Column 1 Column 2 Act Section 94(1) 97 Animal Welfare Act 1999 131(1) (2) and 136(1) Antarctic Marine Living Resources Act 1981 9(1) 224 or or Column 3
 Brief description of power Constable animal product officer may ob- tain and execute search to search for warrant evidence offence of against Animal Prod- ucts Act 1999 or in rela- tion to shellfish contam- inants Constable animal product officer may dis- pose of property seized search warrant under issued under section 94(1) of Animal Prod- ucts Act 1999 Constable animal or welfare inspector may obtain execute and search warrant to search for evidence of offence against Animal Welfare Act 1999 or to prevent or investigate suffering of animal Constable animal welfare inspector may property of dispose seized search under issued under warrant section 131 of Animal Welfare Act 1999 or dispose of any animal taken under section 137 of that Act High seas fishery in- spector may stop, en- ter, inspect, and exam- ine vehicle, vessel, air- craft, or hovercraft for evidence of an offence against Antarctic Mar- ine Living Resources Act 1981 or Search and Surveillance Bill Schedule Column 1 Column 2 Act Antarctica (En- vironmental Pro- tection) Act 1994 Section 42(1) 43(1) Anti-Personnel Mines ition Act 1998 Prohib- 22 Aviation Crimes Act 1972 13(1) Biosecurity Act 1993 110(1) Column 3 Brief description of power inspector may Special execute and obtain search warrant to search for evidence of offence against Antarctica (En- vironmental Protection) Act 1994 Special inspector may search without warrant for evidence of offence against Antarctica (En- vironmental Protection) Act 1994, in exigent cir- cumstances Anti-personnel mines officer may obtain and execute search war- rant to enter and in- spect place in order to exercise function con- ferred by Anti-Person- nel Mines Prohibition Act 1998 Constable may search person who declines to allow his or her luggage to be searched in cir- cumstances where con- stable believes crime against Aviation Crimes Act 1972 has been, is being, or is likely to be committed Inspector or authorised person may obtain and execute search warrant to
 enter and inspect places for pests, pest agents, unwanted or- ganisms, unauthorised goods, or risk goods, and to check activities carried out under Biose- curity Act 1993 Column 4 Which provisions in Part 4 apply All All issuing *Subparts 2 and 3 (which relate to for, applications of, and search warrants, and carrying out search powers, re- spectively) All Subpart 2 (which relates to applica- tions for, and issu- ing of, search war- rants) 225 Schedule Search and Surveillance Bill Column 1 Column 2 Act Section 111(1) 118(1) Boxing Wrestling 1981 9 and Act or execute, Column 3 Brief description of power Inspector or authorised person may obtain, and authorised inspector, constable person, search may warrant to search for offence of evidence against Biosecurity Act 1993 Person exercising power of search con- ferred by section 111 of Biosecurity Act 1993 may seize things Constable may obtain and execute search war- rant to obtain evidence of offence against Box- ing and Wrestling Act 1981 39(1) and (3) Constable or social worker may obtain and execute place of safety warrant authorising search for, and removal of, child at risk of harm care 40(1) and (4) On application for order that child is in need and protec- of tion, constable or social worker may obtain and execute search warrant authorising search for and removal of child If child or young person absconds, constable or social worker may ob- tain and execute search warrant authorising search for, and removal and return of, child or young person 386(1) Children, Young and Persons, Their Families Act 1989 226 Column 4 Which provisions in Part 4 apply *Subpart 2 (which relates to applica- tions for, and issu- ing of, search war- rants) *Subpart 5 (which sets out procedures applying to seized or produced mater- ials) All Sections 97 and 103 only (which relate to verifica- tion applica- tions, and transmis- sion of search war- rants, respectively) of Sections 97 and 103 only (which relate to verifica- tion applica-
 tions, and transmis- sion of search war- rants, respectively) of Sections 97 and 103 only (which relate to verifica- applica- tion tions, and transmis- sion of search war- rants, respectively) of Search and Surveillance Bill Schedule Column 4 Which provisions in Part 4 apply *Subparts 2 and 3 (which relate to for, applications of, and search warrants, and carrying out search powers, re- spectively) issuing All (except sec- All 108(d), tions 114, 110(2)(d), and 115 (which relate to detention and search inciden- tal to power of ar- rest)) All Column 1 Column 2 Act Civil Act 1990 Aviation Section 24(4) Commerce Act 1986 98A(2) Commodity Levies Act 1990 19(1) Column 3 Brief description of power Authorised person may obtain and execute war- rant to enter dwelling- house or marae for purposes of exercising powers of inspection conferred on Director of Civil Aviation by Civil Aviation Act 1990 Authorised employee of Commerce Com- mission may obtain and execute warrant to search for evidence of against most offence of Com- provisions merce Act 1986 Constable or designated person may obtain and execute warrant to enter and search for evidence of offence against Com- modity Levies Act 1990 Conservation Act 1987 40(1) and (5) Warranted officer may seize things various held in contravention of Conservation Act 1987 and exercise other powers; constable or warranted officer may seize thing in respect of which it is believed of- fence is being commit- ted under Conservation Act 1987 227 Schedule Search and Surveillance Bill Column 3 Brief description of power Powers of Commerce Commission to search and seize under sec- tions 98A and 98G of Commerce Act 1986 are applied to Credit Con- tracts and Consumer Fi- nance Act 2003 (with any necessary modifica- tions) Customs officer and au- thorised person may board craft if officer or authorised person has reasonable cause to sus- is involved pect craft in offence against Cus- toms and Excise Act is 1996 or carrying dutiable,
 uncustomed, prohibited, or forfeited goods Customs officer and au- thorised person may search craft if officer or authorised person has reasonable cause to sus- pect craft is involved in offence against Cus- toms and Excise Act is 1996 or carrying dutiable, uncustomed, prohibited, or forfeited goods in Customs officer or, certain cases, constable may stop and detain ve- hicle to search it for various kinds of goods Column 4 Which provisions in Part 4 apply All (except that All sections 120(2), 126(5)(e), and 127 and subparts 5 and 7 of Part 4 do not apply to for- feited goods) (except that All sections 120(2), 126(5)(e), and 127 and subparts 5 and 7 of Part 4 do not apply to for- feited goods) (except that All sections 120(2), 126(5)(e), and 127 and subparts 5 and 7 of Part 4 do not apply to for- feited goods) Column 1 Column 2 Act Credit Contracts and Consumer Fi- nance Act 2003 Section 113(d) Customs and Ex- cise Act 1996 139(1)(d) 140 144 228 Search and Surveillance Bill Schedule Column 1 Column 2 Act Section 149B 149BA 149C 152 Column 3 Brief description of power Customs officer or, in certain cases, constable may search person if of- ficer or constable has reasonable cause to sus- pect that certain items are hidden on or about that person and are evi- the person dence that has committed or is about to commit certain offences against Cus- toms and Excise Act 1996 Customs officer or con- stable may search a per- son for dangerous items if officer or constable has reasonable grounds to believe that items posing threat to safety are on or about the per- son Customs officer or con- stable may seize cer- tain things found dur- ing search under sec- tion 149B or 149BA of Customs and Excise Act 1996 Customs officer may, on direction of chief ex- ecutive, inspect goods no longer under con- trol of Customs if chief executive has reason- able grounds to suspect goods are goods in re- spect of which offence has been committed, or that are forfeited to the Crown, under
 Customs and Excise Act 1996 (except Column 4 Which provisions in Part 4 apply that All 120(2), sections 126(5)(e), and 127 and subparts 5 and 7 of Part 4 do not apply to for- feited goods) (except that All 120(2), sections 126(5)(e), and 127 and subparts 5 and 7 of Part 4 do not apply to for- feited goods) (except that All 120(2), sections 126(5)(e), and 127 and subparts 5 and 7 of Part 4 do not apply to for- feited goods) that All (except sections 120(2), 126(5)(e), and 127 and subparts 5 and 7 of Part 4 do not apply to for- feited goods) 229 Schedule Search and Surveillance Bill Column 1 Column 2 Act Section 167(1) 175C 175D (except Column 4 Which provisions in Part 4 apply that All 120(2), sections 126(5)(e), and 127 and subparts 5 and 7 of Part 4 do not apply to for- feited goods) *Subpart 5 (which sets out procedures applying to seized or produced mater- ials) (except that All sections 120(2), 126(5)(e), and 127 and subparts 5 and 7 of Part 4 do not apply to for- feited goods) Column 3 Brief description of power Customs officer may execute and obtain search warrant to en- ter any place or thing to search for evidence of contravention of Cus- toms and Excise Act 1996 or anything that is unlawfully imported or exported, or that is used for the purpose of unlawful exportation or importation of goods Customs officer may seize or detain goods suspected to be certain risk goods or evidence of commission of cer- tain offences, if those goods are discovered in the course of exercising powers of inspection, search, or examination under Customs and Ex- cise Act 1996 Customs officer may seize and detain goods or documents (located in the course of exercis- ing any power of search, inspection, or examin- ation under Customs and Excise Act 1996) that he or she has rea- sonable cause to sus- pect are evidence of any of specified list of of- fences under Misuse of Drugs Act 1975 or Films, Videos, and Pub- lications Classification Act 1993 230 Column 1 Act Dairy Industry
 Restructuring Act 2001 Dog Control Act 1996 Search and Surveillance Bill Schedule Column 2 Section 29I(1) Column 3 Brief description of power Constable or chief ex- of Ministry ecutive of Agriculture and Forestry or person au- thorised by chief ex- ecutive may obtain and execute search warrant to search for evidence of offence against section 31(3) of Dairy Industry Restructuring Act 2001 14(1) to (3) Dog control officer who has good cause to sus- pect that offence against Dog Control Act 1996 or bylaw under that Act is being committed may enter land or premises, and inspect any dog, and if authorised by that Act, seize or take cus- tody of dog (note: war- rant must be obtained to enter dwellinghouse) Dog ranger or dog con- trol officer may enter dwellinghouse to re- move barking dog (fol- lowing non-compliance with remedial notice) if he or she obtains war- rant to enter Dog ranger or dog con- trol officer may enter dwellinghouse to seize dog that has attacked persons or animals if he or she has warrant to en- ter (note: entry may be without warrant in exi- gent circumstances) 57(6)(b) 56(3) (except Column 4 Which provisions in Part 4 apply that All 108(d), sections 110(2)(d), 114, and 115 apply only if constable exe- cutes search war- rant) All *Subpart 2 (which relates to applica- tions for, and issu- ing of, search war- rants) *Subpart 2 (which relates to applica- tions for, and issu- ing of, search war- rants) 231 Schedule Search and Surveillance Bill Column 1 Column 2 Act Driftnet Prohib- ition Act 1991 Section 13(1) and (2) Enforcement Column 3 Brief description of power officer may exercise powers of entry and variety of other powers for purposes of enforcing Driftnet Prohibition Act 1991 16 Electricity 1992 Act 159(1)(e) 172KD(6) and (7) Employment Re- lations Act 2000 231 Property seized by en- forcement officer under section 15 of Driftnet Prohibition Act 1991 may be held Dwellinghouse may be entered under general power of entry con- ferred by Electricity Act
 1992 if warrant au- thorising entry to that dwellinghouse is ob- tained by person exer- cising power Authorised person may enter and search any place to ascertain if in- dustry participant has breached electricity governance regulations or rules if he or she ob- tains search warrant Labour inspector may dwellinghouse enter (which with warrant may be issued only if a Judge is satisfied that a person is employed there and that a war- rant is only practicable means of enabling in- spector to gain entry) 232 Column 4 Which provisions in Part 4 apply *Subparts 3 to 6 (except sections 108(d), 110(2)(d), 114, 115 and (which relate to de- tention and search incidental to power of arrest), and sec- tion 172) *Subpart 5 (which sets out procedures applying to seized or produced mater- ials) *Subpart 2 (which relates to applica- tions for, and issu- ing of, search war- rants) *Subpart 2 (which relates to applica- tions for, and issu- ing of, search war- rants) *Subpart 2 (which relates to applica- tions for, and issu- ing of, search war- that rants (except to issue a power warrant is limited to a Judge)) Search and Surveillance Bill Schedule Column 4 Which provisions in Part 4 apply All part 5) (except sub- (except sec- All 108(d), tions 110(2)(d), 114, and 115 (which relate to detention and search inciden- tal to powers of ar- rest)) All All All Column 1 Column 2 Act Extradition Act 1999 Section 83(2) Fair Trading Act 1986 47(2) 109 Films, Videos, and Publications Classification Act 1993 109A(1) and 109B Financial Trans- actions Reporting Act 1996 38 Column 3 Brief description of power Issuing officer may issue search warrant to constable to search for evidence of extradition offence employee Authorised of Commerce Commis- sion may obtain and execute search warrant to investigate breaches of Fair Trading Act 1986 Constable or inspector may obtain and execute search warrant to search for evidence of offences against Films, Videos, and Publications Classi- fication Act 1993
 (other sections than against 126 and 131A) Constable or inspector may obtain and execute search warrant to search for evidence of offences against section 126 or 131A of Films, Videos, and Publications Classi- fication Act 1993 Customs officer may search and detain per- son arriving in or leav- ing New Zealand with cash if cash report is re- quired and has not been made or report is false, incomplete, incorrect, or misleading 233 Schedule Search and Surveillance Bill Column 1 Column 2 Act Section 44 Fisheries 1996 Act 199(1) 199A 200(1) 207(1) 217(1) Column 3 Brief description of power Constable may obtain and execute search war- rant to search for evi- dence of offence against Financial Transactions Reporting Act 1996 or any regulations made under that Act Fishery officer may examine any vessel, ve- hicle, premises, or other place in the course of enforcement and ad- ministration of Fish- eries Act 1996 Fishery officer may en- ter, examine, and search anything that relates to suspected offence against Fisheries Act 1996 Fishery officer may en- ter dwellinghouse or surrounds or Māori (under reservation power conferred else- where in Fisheries Act 1996) if authorised to do so by issuing officer Property seized by fish- ery officer in relation to suspected offence against Fisheries Act 1996 may be held Fishery officer or high seas fishery inspector exercising power under Fisheries Act 1996 must identify himself or her- self Column 4 Which provisions in Part 4 apply All All (except sub- part 2 and section 115) (except sub- All part 2) *Subpart 2 (which relates to applica- tions for, and issu- ing of, search war- rants) *Subpart 5 (which sets out procedures applying to seized or produced mater- ials) *Subpart 3 (which relates to carrying out search powers) 234 Search and Surveillance Bill Schedule Column 1 Column 2 Act Section 217(2) Column 3 Brief description of power Production of warrant by fishery officer, high seas fishery inspector, or examiner sufficient proof of
 authority to act under Fisheries Act 1996 Food Act 1981 12(1) and (2) Food officer may seize and detain articles and advertising material or labelling material rea- sonably to be in contravention of Food Act 1981 or, as applicable, any food standards or regulations made under that Act believed 13(1) Forests Act 1949 67D(1)(e) authority Local in- spector and any assist- ant under his or her di- rection may seize and detain any food or ap- pliance related to cer- tain suspected offences under Food Act 1981 Timber seized by Secre- tary (chief executive of Ministry of Agriculture and Forestry) or forestry officer may be disposed of in accordance with Part 4 of the Search and Surveillance Act 2009 Column 4 Which provisions in Part 4 apply *Subpart 3 (which relates to carrying out search powers) (except sec- All 108(d), tions 110(2)(d), 114, and 115 (which relate to detention and search inciden- tal to power of ar- rest) and sections 120(2), 126(5)(e), and 127 and sub- parts 5 and 7) All (except sec- tions 108(d), 114, 110(2)(d), and 115 (which relate to detention and search inciden- tal to power of ar- rest) and sections 120(2), 126(5)(e), and 127 and sub- parts 5 and 7) All 235 Schedule Search and Surveillance Bill Column 4 Which provisions in Part 4 apply (except sec- All 108(d), tions 110(2)(d), 114, and 115 (which relate to detention and search inciden- tal to power of ar- rest)) All All All to inspect Column 3 Brief description of power Secretary (chief execu- tive of Ministry of Agri- culture and Forestry) and any forestry offi- cer may enter various places in- from digenous timber indigenous forest land and may seize indigen- ous timber involved in a contravention of Forests Act 1949 Various powers of en- try conferred by Forests Act 1949 are subject to specified statutory re- strictions (including all of Part 4 of Search and Surveillance Act 2009) inspector Gambling may, while in casino, seize gambling equipment, device, or thing that inspector has reasonable grounds
 to believe is evidence of offence against sections 351 to 353 of Gambling Act 2003 inspector Gambling may, while in public place, seize any equip- ment, device, or thing that inspector has rea- sonable grounds to be- lieve is evidence of of- fence against Gambling Act 2003 or related of- fence involving gam- bling any Column 1 Column 2 Act Section 67R 71B(1) Gambling 2003 Act 335(1) 336(1) 236 Search and Surveillance Bill Schedule Column 1 Column 2 Act Section 340(3) Gas Act 1992 43W(6) and (7) 50(1) 119(1) Hazardous Sub- stances and New Organisms Act 1996 Column 3 Brief description of power Gambling inspector or constable may obtain and execute search war- rant to search for evi- dence of offence against Gambling Act 2003 or related offence involv- ing gambling Authorised person may enter home of indus- try participant under authority of warrant (which may be issued if there are reasonable grounds to believe it is necessary to issue to warrant ascertain whether industry par- ticipant has breached, or may breach, gas gov- ernance regulations or rules) Any power of entry con- ferred by Gas Act 1992 regulations made or under that Act may be exercised in respect of dwellinghouse if war- rant is issued (note: en- try without warrant al- lowed in exigent cir- cumstances) Enforcement officer may obtain and execute search warrant to search for evidence of any sub- stance or organism or related thing involved in offence against Haz- ardous Substances and New Organisms Act 1996 Column 4 Which provisions in Part 4 apply All *Subpart 2 (which relates to applica- tions for, and issu- ing of, search war- rants) *Subpart 2 (which relates to applica- tions for, and issu- ing of, search war- rants) All 237 Schedule Search and Surveillance Bill Column 4 Which provisions in Part 4 apply *Subpart 2 (which relates to applica- tions for, and issu- ing of, search war- rants) All (except sec- All tions 108(d), 110(2), 114, and 115 (which relate to detention and search incidental to power
 of arrest)) are Column 3 Brief description of power Health and safety in- spector may obtain and execute warrant to enter or go through dwelling- house (note: warrant may be issued only if reasonable there grounds for believing that the home is or has within it a place of work or is only prac- tical means of entering a place of work) Constable may obtain and execute search war- rant to search for evi- dence of offence against section 7 or 9 of Health Practitioners Compe- tence Assurance Act 2003 Authorised person may enter place if he or she has reasonable grounds ga- to mete, embryo, or foetus formed by prohibited action is located there or any assisted reproduc- tive procedure or human reproductive research is conducted there, and inspect at place and exercise other powers (such as powers of inspection and search and seizures at various times) equipment believe that Column 1 Column 2 Act Health and Safety in Employment Act 1992 Section 31(3) 10(1) Health Practition- ers Competence Act Assurance 2003 68(1) Human Assisted Reproductive Technology Act 2004 238 Search and Surveillance Bill Schedule Column 1 Column 2 Act Section 69(2) Human Act 2008 Tissue 68(1) 69(2) Immigration Ad- visers Licensing Act 2007 57(1)(e) has Column 3 Brief description of power Authorised person may dwellinghouse enter and exercise section 68 powers inside house under section 68(1) of Human Assisted Repro- ductive Technology Act 2004 only if he or she obtains search warrant Authorised person may enter place if he or she reasonable grounds to believe that collection or use of human tissue at place involves contravention of Human Tissue Act 2008, or there is evi- dence of contraventions of Act at that place, and at inspect place and exercise other powers, such as powers of inspection and search and seizure of various items Authorised person may enter dwellinghouse and exercise section 68 inside house powers only if he or she obtains search warrant Person authorised by Registrar who enters
 premises for purposes of administering licens- ing regime may retain certain documents if there are grounds for believing they are evi- dence of commission of offence equipment Column 4 Which provisions in Part 4 apply All (except sec- All 108(d), tions 110(2)(d), 114, and 115 (which relate to detention and search inciden- tal to power of ar- rest)) All *Subpart 5 (which sets out procedures applying to seized or produced mater- ials) 239 Schedule Search and Surveillance Bill Column 1 Column 2 Act Section 61(1) International Crimes and Inter- national Criminal Court Act 2000 102(1) (2) and 107(2) 108(4) Column 4 Which provisions in Part 4 apply *Subpart 2 (which relates to applica- tions for, and issu- ing of, search war- rants) *Subparts 1 to 4 and 6 to 9 and also sections 154 and 155 (which relate to disposal or re- tention of copies made or things gen- erated by person search exercising or surveillance power) Section (which provision ventory of seized) 127 requires in- of items 148 Section (which provides that seized or pro- duced property is forfeited the Crown if owner- ship is not estab- lished) to Column 3 Brief description of power Person may obtain entry for dwelling- warrant house if there are rea- sonable grounds to be- immigration lieve that adviser, immi- former gration adviser, or ap- plicant licence as immigration adviser has worked there, and ob- taining entry warrant is only practicable way in which to obtain entry Constable may obtain and execute search war- rant to search for evi- dence of international crime or anything re- lated to such crime for Report on execution of search warrant together with copy of any no- tice given under sec- tion 127 of Search and Surveillance Act 2009 must be given to Attor- ney-General under Things seized search warrant issued under section 102 of International Crimes and International Crim- inal Court Act 2000 must be returned to per- son from whom they were seized (subject to section 148 of Search and
 Surveillance Act 2009) 240 Search and Surveillance Bill Schedule Column 1 Column 2 Act Section 108(5) International En- ergy Agreement Act 1976 9(3) International War Crimes Tribunals Act 1995 48(1) 9 of Column 3 Brief description of power Attorney-General may refuse to return thing seized in certain cir- cumstances (subject to section 147 of Search and Surveillance Act 2009) Regulations may be made allowing powers of entry conferred by Inter- section national Energy Agree- ment Act 1976 to be ex- ercised to ensure com- pliance with those regu- regula- lations (note: tions must not limit sec- tion 6 of Search and Surveillance Act 2009 or subpart 5 of Part 4 of that Act) Constable who is of or above the level of inspector may obtain and execute warrant to search for evidence of suspected offence for which person has been arrested under section 7 of International War Crimes Tribunals Act 1995 or for any thing in respect of which such offence has been, or is suspected of having been, committed Column 4 Which provisions in Part 4 apply sets 147 Section out (which re- procedure for disputes solving about ownership of things seized or produced) *Subpart 5 (which sets out procedures applying to seized or produced mater- ials) Subparts 1 to 4 and 6 to 9 and also sections 154 and 155 241 Column 4 Which provisions in Part 4 apply Subparts 1 to 4 and 6 to 9 and also sections 154 and 155 Sections 147 and 148 (which set out procedures for re- disputes solving about ownership of goods produced or seized, and provide for forfeiture to the Crown where own- ership is not estab- lished) All All Schedule Search and Surveillance Bill Column 1 Column 2 Act Section 48(2) Column 3 Brief description of power Constable, authorised by Attorney-General, may obtain and execute warrant to search for evidence of suspected offence that war crimes tribunal has jurisdiction to try, and for any thing in respect of which such offence has been, or is suspected of having been, committed 55(5) and
 (6) Any thing seized may be retained in certain circumstances, but must otherwise be returned to person from whom it was seized (subject to sections 147 and 148 of Search and Surveil- lance Act 2009) Land Transport Act 1998 119(1) (2) and 119(3) Enforcement officer may enter any premises if he or she is in fresh pursuit of driver sus- pected of committing certain offences against Land Transport Act 1998, or of driver who has failed to provide certain information Enforcement officer premises enter may without warrant, in ex- igent circumstances, to seize and impound ve- hicle liable to impound- ment under various pro- visions of Land Trans- port Act 1998 242 Search and Surveillance Bill Schedule Column 1 Column 2 Act Section 119(5) Local ment Act 2002 Govern- 165 172 173(1) Column 3 Brief description of power Enforcement officer may obtain and exe- cute warrant to enter premises and seize and impound vehicle liable to impoundment under various provisions of Land Transport Act 1998 Enforcement officer may obtain and exe- cute warrant to enter private land involved in commission of offence and seize and impound property Warranted enforcement officer may enter land for purpose of detect- ing breach of bylaw or commission of offence against Local Govern- ment Act 2002, if of- reasonable ficer suspect- for grounds ing such breach or of- fence has occurred, or is occurring, on the land (note: warrant must be obtained before this power can be exercised in respect of dwelling- house) Local authority, for pur- poses of doing anything it is authorised to do under Local Govern- ment Act 2002, may enter property without giving prior notice in certain circumstances involving sudden emer- gency or if there is dan- ger to any works or to adjoining property has Column 4 Which provisions in Part 4 apply All All All All 243 Column 4 Which provisions in Part 4 apply All All All All All Schedule Search and Surveillance Bill Column 3 Brief description of power Constable or enforce-
 ment officer may obtain and execute search war- rant to search for evi- dence of offence against Major Events Manage- ment Act 2007 or for any related thing Marine mammals offi- cer who has reason to believe or suspect that offence against Marine Mammals Protection Act 1978 has been com- mitted may enter, in- spect, and examine any vehicle, vessel, aircraft, or hovercraft Marine mammal offi- cers may exercise cer- tain powers of seizure Marine mammals offi- cer may obtain and exe- cute search warrant to search for evidence of offence against Marine Mammals Protection Act 1978 or of any prep- aration to commit such offence Ranger may, if he or she reasonably believes that person has commit- ted offence against Mar- ine Reserves Act 1971 or any regulations made under that Act, stop any vessel, vehicle, or air- craft or parcel, package, luggage, or other con- tainer in transit and may enter or open and search any such thing Column 1 Column 2 Act Major Events Management Act 2007 Section 67(1) Marine Mammals Protection Act 1978 13(1) 13(5) 14(1) Marine Reserves Act 1971 18(1)(d) 244 Search and Surveillance Bill Schedule Column 1 Column 2 Act Section 18A Maritime Secur- ity Act 2004 51(4) Maritime Trans- port Act 1994 454 455(1) Column 3 Brief description of power Ranger may, if he or she believes there has been breach of Marine Re- serves Act 1971 or any regulations made under that Act, exercise cer- tain seizure powers Authorised person may obtain execute and search warrant to search certain persons and their personal effects or a ship if issuing officer is satisfied that there are reasonable grounds to believe offence against Maritime Security Act 2004 has been, is being, or is likely to be com- mitted Authorised person may obtain and execute war- rant to inspect dwelling- house or marae for pur- poses of carrying out his or her functions, duties, or powers under Mari- time Transport Act 1994 if issuing officer is satis- fied that entry is essen- tial to enable
 inspection to be carried out Authorised person may obtain and execute war- to search place rant for evidence of offence against Maritime Trans- port Act 1994 or for any related thing Column 4 Which provisions in Part 4 apply All All All All 245 Schedule Search and Surveillance Bill Column 1 Column 2 Act Meat Board Act 2004 Section 42(2) 42(5) 62(1) Column 4 Which provisions in Part 4 apply All All All Column 3 Brief description of power Auditor may enter place of business where any meat products or related documents are held or are likely to be and examine place and take for purposes samples of undertaking quota compliance audit under Meat Board Act 2004 Auditor may obtain and execute warrant to enter and inspect place that is not a place of busi- ness if issuing officer there is satisfied that are or are likely to be meat products or related documents at that place Constable or authorised person may obtain and execute warrant to enter and inspect place that is not a place of busi- ness if issuing officer is satisfied that a per- son has taken or is in- tending to take certain proscribed actions and that meat products or re- lated documents are or are likely to be at the place 246 Search and Surveillance Bill Schedule Column 1 Column 2 Act Section 62(2) Motor Sales Act 2003 Vehicle 130(1) National Act 1980 Parks 61(1) Column 4 Which provisions in Part 4 apply All All All are Column 3 Brief description of power Constable or authorised person may obtain and execute warrant to en- ter and inspect place that is not a place of business if issuing offi- cer is satisfied that, as consequence of inspec- tion under section 61 of Meat Board Act 2004, there reasonable grounds to believe that there are or are likely to be meat products or re- lated documents at that place Constable or Registrar of Motor Vehicles or person authorised by Registrar may obtain and execute search war- rant to search for evi- dence of offence against Motor Vehicle Sales Act 2003 that has been, or is
 being, committed or for any related thing Ranger may seize art- icle found in possession of any person in na- tional park if ranger has reasonable grounds to believe that the person, in obtaining possession of article, has commit- ted offence against Na- tional Parks Act 1980 247 Schedule Search and Surveillance Bill Column 1 Column 2 Act Section 61(6) 65(1) 66(1) Column 4 Which provisions in Part 4 apply All All All Column 3 Brief description of power Any chainsaw, firearm, trap, net, or similar item found in unlawful pos- session of any person in national park and any item found on any per- son and used in com- mission of offence in national park may be seized by ranger Ranger may stop and search boats or vehicles, or certain animals, or aircraft, search and premises and posses- sions, in national park if he or she has reason- able cause to believe offence has been com- mitted against National Parks Act 1980 or any bylaws under that Act and that evidence will be found in course of search Authorised person may stop and search boat outside national park if he or she has reason- able cause to believe offence has been com- mitted against National Parks Act 1980 or any bylaws under that Act and that evidence is on boat 248 Search and Surveillance Bill Schedule Column 1 Column 2 Act Overseas Invest- ment Act 2005 Section 56(3) Ozone Layer Pro- tection Act 1996 23(1) 25 Petroleum De- mand Restraint Act 1981 17(4) Pork Board Act 1997 Industry 44(2) Column 3 Brief description of power Regulator may obtain search warrant to search place or thing if there are reasonable grounds to believe offence under Overseas Investment Act 2005 has been, or is being, committed at place or thing or there is on, under, or over place or thing evidence of of- fence against that Act Constable may obtain and execute search war- rant to search for evi- dence of offence against Ozone Layer Protection Act 1996 If any constable or offi- cer seizes any substance or goods under Ozone Layer
 Protection Act 1996, subpart 5 of Part 4 of Search and Surveil- lance Act 2009 applies Petroleum demand re- straint regulations may provide for application of section 6 of Search and Surveillance Act 2009 and subpart 5 of Part 4 of that Act, where of- fence is not punishable by imprisonment Authorised person may enter and inspect place of business to ascertain requirements whether of Part 4 of Pork Indus- try Board Act 1997 are being complied with or to obtain evidence that those require- any of ments are not being met suspected Column 4 Which provisions in Part 4 apply All All *Subpart 5 (which sets out procedures applying to seized or produced mater- ials) *Subpart 5 (which sets out procedures applying to seized or produced mater- ials) (except sec- All 108(d), tions 110(2)(d), 114, and 115 (which relate to detention and search inciden- tal to power of ar- rest)) 249 Schedule Search and Surveillance Bill Column 1 Column 2 Act Section 45(1) 45(2) Column 4 Which provisions in Part 4 apply (except sec- All 108(d), tions 110(2)(d), 114, and 115 (which relate to detention and search inciden- tal to power of ar- rest)) (except sec- All 108(d), tions 110(2)(d), 114, and 115 (which relate to detention and search inciden- tal to power of ar- rest)) Column 3 Brief description of power Authorised person may obtain and execute war- rant to enter and inspect place that is not place of business if issuing officer is satisfied that offence against section 49(1) or (2) of Pork In- dustry Board Act 1997 has been committed and that there are or are likely to be at the place certain documents re- lating to levy money or slaughter of pigs, or pork products subject to that levy, that are evi- dence of commission of offence Authorised person may obtain and execute war- rant to enter and in- spect place that is not place of business if is- suing officer is satisfied consequence that, of inspection of place of business under sec- tion 44 of Pork Industry Board Act 1997, there are
 reasonable grounds to believe that there are certain documents re- lating to levy money or slaughter of pigs, or pork products from pigs subject to that levy, at that place as 250 Search and Surveillance Bill Schedule Column 1 Column 2 Act Prostitution Re- form Act 2003 Section 30(1) Radiation Protec- tion Act 1965 24(2) Radiocommuni- cations Act 1989 120 Column 3 Brief description of power Constable may obtain to enter and warrant search place if issuing officer is satisfied that there is good cause to suspect offence against section 23 or 34 of Pros- titution Reform Act 2003 has been or is likely to be committed at that place, or that it is necessary for constable to enter place to prevent or investigate such of- fence Authorised officer of Ministry of Health who is refused entry to build- ing believed to have radioactive material or irradiating apparatus or who believes that of- fence has been commit- ted against Radiation Protection Act 1965 may obtain and execute search warrant Authorised Ministry of Economic Develop- ment employee or con- stable may obtain war- rant to enter and in- spect and remove cer- tain documents if is- is satis- suing officer fied that a person has committed or is com- mitting offence against Radiocommunications Act 1989 or any regu- lations made under sec- tion 134(1)(g) of that Act Column 4 Which provisions in Part 4 apply All All All 251 Schedule Search and Surveillance Bill Column 1 Column 2 Act Reserve Bank of New Zealand Act 1989 Section 66I 106(1) 106(2) Column 4 Which provisions in Part 4 apply All All All Column 3 Brief description of power Suitably qualified per- son appointed by Re- serve Bank may obtain and execute search war- rant if issuing officer is satisfied that certain in- formation supplied to Reserve Bank is false or misleading, or that a person has failed to comply with certain statutory requirements under Reserve Bank of New Zealand Act 1989 Suitably qualified per- son appointed by Re- serve Bank may obtain and
 execute search war- if issuing officer rant is satisfied that there are reasonable grounds for believing that there has been non-compli- ance with any of certain provisions in Part 5 of Reserve Bank of New Zealand Act 1989 Suitably qualified per- son appointed by Re- serve Bank may obtain and execute search war- if issuing officer rant is satisfied that there are reasonable grounds for believing that it is necessary to do so for purpose of determin- ing whether to execute statutory powers con- ferred by section 113 or 117 of Reserve Bank of New Zealand Act 1989 252 Search and Surveillance Bill Schedule Column 1 Column 2 Act Section 157ZM(1) Reserves 1977 Act 95(1) 95(6) Column 4 Which provisions in Part 4 apply All All All Column 3 Brief description of power Suitably qualified per- son appointed by Re- serve Bank may obtain and execute search war- if issuing officer rant is satisfied that there are reasonable grounds to believe that deposit taker has committed of- fence against Part 5D of Reserve Bank of New Zealand Act 1989 Certain wildlife and re- lated things found in possession of person in reserve may be seized by constable, ranger, or employee of adminis- tering body, if he or she has good cause to sus- pect that the person, in obtaining possession of the thing, has commit- ted offence against Re- serves Act 1977 Firearms, traps, nets, or similar objects found il- legally in possession of any person in reserve and equipment found in possession of any per- son that has been used to commit offence in reserve may be seized by constable, ranger, or employee of adminis- tering body 253 Schedule Search and Surveillance Bill Column 4 Which provisions in Part 4 apply All All All Column 3 Brief description of power Officer who has good cause to suspect that of- fence against Reserves Act 1977 or regulations made under that Act has been committed, on, from, or in respect of certain boats may stop boat and exercise cer- tain powers of search and seizure Constable or
 enforce- ment officer may ob- tain and execute search warrant if issuing offi- cer is satisfied that there are reasonable grounds for believing that at, in, on, over, or under any place or vehicle there is any thing in respect of which imprisonable offence under Resource Management Act 1991 or any regulations made under that Act has been committed or any thing that is evidence of such offence or that is in- tended to be used to commit such offence Constable may obtain and execute search war- rant if issuing officer is satisfied that there are reasonable grounds for believing that certain contraventions of Sale of Liquor Act 1989 are occurring Column 1 Column 2 Act Section 100(1) Resource Man- agement Act 1991 334(1) Sale of Liquor Act 1989 177(1) 254 Search and Surveillance Bill Schedule Column 1 Column 2 Act Tax Administra- tion Act 1994 Section 16(4) 16C(2) Trade in Endan- gered Species Act 1989 37(1) Column 4 Which provisions in Part 4 apply *Subpart 2 (which relates to applica- tions for, and issu- ing of, search war- rants) *Subpart 2 (which relates to applica- tions for, and issu- ing of, search war- rants) All Column 3 Brief description of power Commissioner of In- land Revenue or author- ised employee of Inland Revenue Department may obtain and execute warrant to enter private dwelling if issuing offi- cer is satisfied that exer- cise of applicant’s func- tions under section 16 of Tax Administration Act 1994 requires physical access to that dwelling Commissioner of In- land Revenue or au- thorised employee of Inland Revenue Depart- ment may obtain and execute warrant to re- move books and docu- ments from place and retain them for full and complete inspection if issuing officer is sat- isfied that this may be required to enable ap- plicant to exercise his or her functions under section 16 of Tax Ad- ministration Act 1994 Officer who has reason- able grounds to believe that breach of Trade in Endangered Species Act 1989 or of any regu- lations made under that
 Act has occurred may exercise certain entry, inspection, and related powers 255 Column 4 Which provisions in Part 4 apply All All *Subpart 2 (which relates to applica- tions for, and issu- ing of, search war- rants) Schedule Search and Surveillance Bill 51(4) Column 2 Column 3 Brief description of Section power 38(1) and (2) Officer may obtain and search war- execute rant to enter and search dwellinghouse or marae if issuing officer is sat- isfied that there is in that place specimen of en- dangered, threatened, or exploited species in re- spect of which offence against Trade in Endan- gered Species Act 1989 may have been commit- ted, or that there is evi- dence of such offence at that place or a thing intended to be used for purpose of committing offence Enforcement officer may obtain and exe- cute search warrant to search place or thing if there are reasonable grounds for believing that civil liability event has been, or is being, committed at place or thing or that there is on, over, or under place or thing anything that is evidence of civil liabil- ity event Inspector of Weights and Measures may ob- tain and execute search warrant if issuing offi- cer is satisfied that it is necessary for inspector to enter dwellinghouse to exercise certain en- try, examination, and related con- powers ferred by section 28(1) of Weights and Meas- ures Act 1987 28(3) Column 1 Act Unsolicited Elec- tronic Messages Act 2007 Weights Measures 1987 and Act 256 Search and Surveillance Bill Schedule Column 1 Column 2 Act Wild Animal Control Act 1977 Section 12(10) 12(11) 13(1), and (7) (6), Column 3 Brief description of power Warranted officer may enter land or premises of licence or permit holder under Wild Ani- mal Control Act 1977, or any other land or premises on which he or she suspects animal is being kept in breach of section 12 of that Act, in order to ascer- tain whether conditions of licence or permit are being complied with, or whether animal is being in contravention kept
 of section 12 (note: a dwellinghouse may not be entered without ob- taining a warrant) Warranted officer may obtain and execute war- rant to enter dwelling- house for purpose of detecting offence if is- suing officer is satisfied there is probable that cause to suspect that breach of section 12 of Wild Animal Control Act 1977 has been, or is being, committed Warranted officer may exercise variety of en- try and search powers for purpose of enforc- ing, or preventing or de- tecting offences against, Wild Animal Control Act 1977 Column 4 Which provisions in Part 4 apply All All All 257 Schedule Search and Surveillance Bill Column 4 Which provisions in Part 4 apply All All All *Subpart 3 (which relates to carrying out search powers) 39(1) Column 2 Column 3 Brief description of Section power 14(1) and (2) Warranted officer may obtain and execute war- rant to enter dwelling- house for purpose of de- tecting offence if issu- ing officer is satisfied there is probable that cause to suspect that of- fence against Wild Ani- mal Control Act 1977 has been, or is being, committed there Ranger may exercise variety of entry, seizure, stopping, and related powers in connection with enforcement of Wildlife Act 1953 Ranger may obtain and execute warrant to en- ter dwellinghouse for purpose of detecting of- fence against Wildlife Act 1953, if issuing of- satisfied that ficer there is probable cause to suspect that breach of Wildlife Act 1953 or any regulations made under that Act has oc- curred or preparation to commit such breach has occurred on those premises 62(1) and (2) Wine officer may en- ter any premises (other than dwellinghouse or marae) for purposes of whether determining Wine Act 2003 is being complied with and may enter any place under authority of search war- rant is Column 1 Act Wildlife 1953 Act Wine Act 2003 258 Search and Surveillance Bill Schedule Column 1 Column 2 Act Section 63(1)(a) and (b) 65(1) 68 Column 3 Brief description of power Wine officer may ex-
 ercise range of exam- ination inquiry and powers at any place he or she may enter under section 62 of Wine Act 2003 Wine officer or con- stable may obtain and execute search warrant at any place if issu- ing officer is satisfied that there are reason- able grounds for be- there is lieving that at place a thing in re- spect of which offence under Wine Act 2003 has been, or is being committed, or thing that is being used, or is in- tended for use, in com- mission of such offence, or that is evidence of such offence Property seized under issued search warrant under section 65 of Wine Act 2003 may be disposed of Column 4 Which provisions in Part 4 apply (except sec- All 108(d), tions 110(2)(d), 114, and 115 (which relate to detention and search inciden- tal to power of ar- rest)) All *Subpart 5 (which relates to proced- ures applying to seized or produced materials) *Subpart 1 also applicable (appli- cation of rules, and to the extent pro- vided in section 88 (consent searches)) *Subparts 6 to 9 are also applicable (to the extent pro- vided in section 87AA(3)) 259 Search and Surveillance Bill Legislative history Introduction (Bill 45–1) First reading and referral to Justice and Electoral Committee 2 July 2009 4 August 2009 12 Published under the authority of the House of Representatives—2010 Wellington, New Zealand: 260