Search Introduction

Question 1

Search and Surveillance Act 2012 introduction

Answer 1

Sets out detailed rights, powers, and obligations in relation to exercising law enforcement search, seizure, surveillance and related powers.

Recognises importance of rights and entitlements in other enactments:
- NZ Bill of Rights Act 1990
- Privacy Act 1993
- Evidence Act 2006

Question 2

Purpose of the Act

Answer 2

Section 5
To facilitate the monitoring of compliance with the law and the investigation and prosecution of offences in a manner that is consistent with human rights values by:
- modernising the law of search, seizure, and surveillance to take into account advances in technologies and to regulate the use of those technologies
- providing rules that recognise the importance of the rights and entitlements affirmed in other enactments
- ensuring investigative tools are effective and adequate for law enforcement needs

Question 3

How to comply

Answer 3

To meet objectives and obligations Police will:
- ensure it has lawful authority to conduct such activities and exercise any other incidental power
- conduct risk assessments when planning the exercise of those powers
- only seize what Police are lawfully entitled to seize
- provide appropriate announcements and ID
- satisfy requirements