SEARCH AND SURVEILLANCE ACT 2012

New Zealand Acts

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SEARCH AND SURVEILLANCE ACT 2012

- As at 27 November 2025
- Act 24 of 2012

TABLE OF PROVISIONS

1. Title
2. Commencement

PART 1 - General provisions

3. Interpretation
3A. Transitional, savings, and related provisions
4. Act binds the Crown
5. Purpose

PART 2 - Police powers

SUBPART 1 - Rules about search warrant powers in relation to places, vehicles, and other things

6. Issuing officer may issue search warrant

SUBPART 2 - Warrantless powers to enter and search when effecting arrest

7. Entry without warrant to arrest person unlawfully at large
8. Entry without warrant to avoid loss of offender or evidential material
9. Stopping vehicle to find persons unlawfully at large or who have committed certain offences
10. Powers and duties of constable after vehicle stopped

SUBPART 3 - Warrantless searches of people who are to be locked up in Police custody

11. Warrantless searches of people who are, or are to be, locked up in Police custody
12. Searchers
13. Property taken from people locked up in Police custody

SUBPART 4 - Warrantless powers of entry in urgent circumstances

14. Warrantless entry to prevent offence or respond to risk to life or safety

SUBPART 5 - Warrantless powers for evidential material relating to serious offences

15. Entry without warrant to find and avoid loss of evidential material relating to certain offences
16. Searching people in public place without warrant for evidential material relating to certain offences
17. Warrantless entry and search of vehicle for evidential material relating to certain offences

SUBPART 6 - Warrantless powers in relation to arms
Note

18. Warrantless searches associated with arms
18AA. Warrantless searches associated with FPOs

SUBPART 6A - Warrants to search and seize weapons when there is gang conflict
Note

18A. Interpretation
18B. Application for warrant to search places and vehicles and seize weapons
18C. Content of application
18D. Issue of warrant to search places and vehicles in specified area and seize weapons
18E. Places and vehicles may be searched on more than 1 occasion
18F. Form and content of warrant
18G. Judge may require warrant report

SUBPART 7 - Police powers in relation to Misuse of Drugs Act 1975 offences

19. Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants
20. Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
21. Warrantless searches of people found in or on places or vehicles
22. Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
23. Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975
24. Effect of not permitting internal search under section 23 on bail application

SUBPART 8 - Warrantless powers in relation to offences against section 78, 78AAA, 78AAB,or 78AAof Crimes Act 1961
Note

25. Warrantless searches if offence against section 78, 78AAA, 78AAB,or 78AA of Crimes Act 1961 suspected

SUBPART 9 - Warrantless powers in relation to offences against section 202A of Crimes Act 1961

26. Meaning of disabling substance and offensive weapon in this subpart
27. Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected
28. Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected

SUBPART 10 - Warrantless search of vehicle for stolen property

29. Power to search vehicles without warrant for stolen property

SUBPART 11 - Warrantless powers relating to road blocks

30. Obtaining authorisation for warrantless road block
31. Duration and record of warrantless road block authorisation
32. Authorised road blocks implemented without warrant

SUBPART 12 - Examination orders

33. Inspector or more senior officer may apply for examination order in business context
34. Conditions for making examination order in business context
35. Inspector or more senior officer may apply for examination order in non-business context
36. Conditions for making examination order in non-business context
37. Other provisions that apply to examination order applications
38. Judge may make examination order
39. Form and content of examination order
40. Presence of lawyer
41. Duration of examination order
42. Other provisions that apply to examination orders
43. Examination order reports

SUBPART 13 - Other matters

44. 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

45. Restrictions on some trespass surveillance and use of interception device
46. Activities for which surveillance device warrant required
47. Some activities that do not require warrant under this subpart
48. Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency
49. Application for surveillance device warrant
50. Approval of law enforcement agencies other than Police to carry out visual trespass surveillance and use interception devices
51. Conditions for issuing surveillance device warrant
52. Other provisions that apply to surveillance device warrant applications
53. Who may issue surveillance device warrant
54. Restrictions on issue of surveillance device warrant
55. Form and content of surveillance device warrant
56. Carrying out authorised surveillance activities
57. Admissibility of evidential material relevant to other offences
58. Other provisions that apply to surveillance device warrants
59. Surveillance device warrant report
60. Report on use of surveillance device in situation of urgency or emergency
61. Actions on receipt of surveillance device warrant report
62. Actions on receipt of report on use of surveillance device in situation of urgency or emergency
63. Retention of raw surveillance data, excerpts, and information obtained
64. Disposal of raw surveillance data, excerpts, and information obtained
64A. Record of information obtained, made, or generated by assistant
65. What is a declaratory order
66. When to obtain declaratory order
67. Application for declaratory order
68. Who may make declaratory order
69. Form and content of declaratory order

SUBPART 2 - Production orders

70. Meaning of document
71. Enforcement officer may apply for production order
72. Conditions for making production order
73. Other provisions that apply to production order applications
74. Issuing officer may make production order
75. Form and content of production order
75A. Production orders against network operators relating to traffic data, etc
76. Duration of production order
77. Other provisions that apply to production orders
78. Documents produced under production order
79. Copy of retained document to be given

SUBPART 2A - Preservation directions
Note
Note

79A. Interpretation
Note
79B. Enforcement officer may apply for preservation direction
79C. Form and content of application
79D. Applications made orally
Note
79E. Conditions for making preservation direction
79F. Commissioner may make preservation direction
79G. Form and content of preservation direction
79H. Preservation directions against network operators relating to traffic data, etc
79I. Duration of preservation direction
Note
79J. Right of review
79K. How review must be conducted
79L. Notice, etc, to be given after review is completed
Note
79M. When preservation direction is invalid
Note
79N. Record of pathway information produced under preservation direction
Note
79O. Failing to comply with preservation direction
79P. False application for preservation direction
79Q. Disclosing matters relating to preservation direction
79R. Chief executive to give written notice for section 79Q(4)(g)
Note
79S. Immunities relating to functions of Commissioner and reviewers
79T. Immunities relating to obtaining or executing preservation directions
Note
79U. Effect of court proceedings
Note
79V. Service of preservation directions and notices
Note
79W. New Zealand Police to retain applications and related documents
79X. Documents to be retained by other applicants to whom preservation direction is issued
Note
79Y. Annual reporting by Commissioner

SUBPART 3 - Police and Customs officer powers to search in relation to delivery under section 12 of Misuse of Drugs Amendment Act 1978

80. Meaning of terms used in this subpart
81. 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

82. Application of this subpart
83. Entry without warrant after arrest
84. Warrantless entry and search of vehicle after arrest
85. Rub-down search of arrested or detained person
86. Things that can be done to facilitate rub-down search
87. Rub-down search may include visual examination
88. Warrantless search of arrested or detained person

PART 3A - Preservation directions relating to foreign investigations or proceedings
Note

SUBPART 1 - Interpretation
Note

88A. Interpretation

SUBPART 2 - Applications for preservation directions
Note

88B. Constable to apply for preservation direction requested by foreign enforcement authority
88C. Form and content of application

SUBPART 3 - Preservation directions: making, initial duration, and other matters
Note

88D. Commissioner to make preservation direction
88E. Form and content
88F. Preservation directions against network operators relating to traffic data, etc
88G. Initial duration of preservation direction

SUBPART 4 - Consequences if responsible constable believes that requested preservation direction would prejudice investigation, etc
Note

88H. Foreign enforcement authority to be informed and other consequences of belief

SUBPART 5 - Renewal of preservation directions
Note

88I. Application for renewal
88J. Granting of application
88K. Period for which preservation direction continues in force
88L. Updated version of preservation direction must be issued

SUBPART 6 - Continuation and revocation: effect of requests and applications under Mutual Assistance in Criminal Matters Act 1992
Note

88M. Preservation direction to continue: request for assistance by production order
88N. Whole or partial revocation of preservation direction

SUBPART 7 - Reviews
Note

88O. Right of review
88P. How review must be conducted
88Q. Notice, etc, to be given after review is completed

SUBPART 8 - Invalidity, offences, and immunities, etc
Note
Note

88R. When preservation direction is invalid
Note
88S. Pathway information produced under preservation direction
Note
88T. Definitions for sections 88U to 88W
88U. Offences
88V. When section 88U ceases to apply to affected person
88W. Notice for section 88U(5): when section 88U(2) partially lifted
Note
88X. Failing to comply with preservation direction
88Y. False application for preservation direction or renewal
Note
88Z. Immunities relating to functions of Commissioner and reviewers
88ZA. Immunities relating to obtaining, renewing, or executing preservation direction
Note
88ZB. Effect of court proceedings
Note
88ZC. Service of preservation directions, notices, etc
Note
88ZD. New Zealand Police to retain applications and related documents
Note
88ZE. Annual reporting by Commissioner

PART 4 - General provisions in relation to search, surveillance, and inspection powers

SUBPART 1 - Application of rules in this Part, and consent searches

89. Application of this Part
90. Application of rules in relation to enforcement officers and transfer of things between law enforcement agencies, etc

SUBPART 2 - Consent searches

91. Application of rules about consent searches
92. Purposes for which consent search may be undertaken
93. Advice that must be given before consent search undertaken
94. Circumstances where search by consent unlawful
95. Ability of persons under 14 years to consent to searches of places, vehicles, or other things
96. Exceptions to consent search rules

SUBPART 3 - Search warrants

97. Interpretation
98. Application for search warrant
99. Application must be verified
100. Mode of application for search warrant
101. Retention of documents
102. Restrictions on issue of search warrant
103. Form and content of search warrant
104. Issuing officer may require search warrant report
105. Transmission of search warrant
106. When search warrant executed
107. When search warrant invalid
108. Authorisation of issuing officers
109. Limitation on jurisdiction of certain issuing officers

SUBPART 4 - Carrying out search powers

110. Search powers
111. Remote access search of thing authorised by warrant
112. Items of uncertain status may be seized
113. Powers of persons called to assist
114. Powers of persons called to assist remote access search
115. Limitation on exercise of powers
116. Securing place, vehicle, or other thing to be searched
117. Special powers where application for search warrant pending
118. Powers of detention incidental to powers to search places and vehicles
119. Powers of search by person who has power of arrest
120. Powers of search when suspect pursued
121. Stopping vehicles with or without warrant for purposes of search
122. Moving vehicles for purpose of search or safekeeping
123. Seizure of items in plain view
Note
123A. Interpretation
123B. Seizure of cash of or over cash seizure threshold amount
123C. Application to retain cash seized for further period
123D. Return or release of cash seized
123E. Application to District Court for return or release of cash seized
124. Internal searches generally prohibited
125. Special rules about searching persons
126. Guidelines and rules about use of strip searching
127. Search warrants to enter and search vehicles
128. Duty to remain stopped
129. Duty to provide information
130. Duty of persons with knowledge of computer system or other data storage devices or Internet site to assist access
131. Identification and notice requirements for person exercising search power (other than remote access search)
132. Identifications and notice requirements for remote access search
133. Inventory of items seized
134. Compliance with certain provisions may be deferred in certain circumstances
135. Further postponement of, or dispensation from, obligation to comply with certain provisions

SUBPART 5 - Privilege and confidentiality

136. Recognition of privilege
137. Lawyers' trust accounts
138. Privilege against self-incrimination
139. Other privileges
140. Effect of privilege on surveillance conducted under this Act
141. Claims for privilege in respect of surveillance
142. Effect of privilege on search warrants and search powers
143. Search warrants that extend to lawyers' premises or material held by lawyers
144. Search warrant extending to certain other privileged materials
145. Searches otherwise affecting privileged materials
146. Interim steps pending resolution of privilege claim
147. Claims for privilege for things seized or sought to be seized
148. Admission of evidence

SUBPART 6 - Procedures applying to seized or produced materials

149. Disposal of things seized or produced
150. Certain things must be returned
151. Custody of things seized or produced
152. Copies of things seized or produced
153. Extension of time for holding thing seized or produced
154. Disputed ownership of thing seized or produced
155. Seized or produced property forfeit to the Crown if ownership not established
156. Application for release of or access to things seized or produced
157. Failure to comply with bond or conditions
158. Application to District Court for access to thing seized or produced
159. Application to District Court for release of thing seized or produced
160. Disposal of unlawful items
160A. Disposal of weapons
161. Disposal of forensic copies
162. Other copies and generated material may be retained
163. Application to District Court to dispose of seized property

SUBPART 7 - Immunities

164. Immunities of issuing officer
165. Immunities in relation to obtaining or execution of orders and warrants
166. Other immunities in relation to exercise of entry, search, or surveillance powers
167. Immunity of the Crown
168. Relationship between sections 164 to 167 and other enactments

SUBPART 8 - Reporting

169. Reporting of exercise of powers within law enforcement agency
170. Annual reporting of search and surveillance powers by Commissioner
171. Annual reporting of search and surveillance powers by agencies other than Police
171A. Information to be included in report on warrants under subpart 6A of Part 2
172. Information to be included in report on surveillance device warrants and declaratory orders

SUBPART 9 - Offences

173. Failing to comply with examination order
174. Failing to comply with production order
175. False application for examination order, production order, search warrant, surveillance device warrant, or declaratory order
176. Leaving search location in breach of direction
177. Offences relating to stopping vehicles
178. Offence of failing to carry out obligations in relation to computer system search
179. Offence to disclose information acquired through search or surveillance
179A. Disclosing that surveillance device warrant has been issued
179B. Application for prohibition on disclosure to be lifted

SUBPART 10 - Miscellaneous

180. Effect of proceedings
181. Service of orders and notices

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

182. Amendments to Agricultural Compounds and Veterinary Medicines Act 1997
183. Powers of entry for inspection
184. Issue of search warrants
185. Powers of entry with warrant
186. Disposal of property seized
187. Section 84 repealed
188. Schedule 1 repealed
189. Amendments to Animal Products Act 1999
190. Power of entry
191. Power to examine, etc
192. New section 91A inserted
193. Other amendments to Animal Products Act 1999
194. Amendments to Animal Welfare Act 1999
195. Amendments to sections 130 to 136
196. New section 136A inserted
197. Vehicle, aircraft, ship, or animal may be detained
198. Power of court to order that certain animals be forfeited to the Crown or approved organisation
199. Amendment to Antarctic Marine Living Resources Act 1981
200. Amendments to Antarctica (Environmental Protection) Act 1994
201. Amendments to Anti-Money Laundering and Countering Financing of Terrorism Act 2009
202. Amendments to Aviation Crimes Act 1972
203. Amendments to Biosecurity Act 1993
204. Amendment to Boxing and Wrestling Act 1981
205. New section 9 substituted
206. Amendments to Children, Young Persons, and Their Families Act 1989
207. Amendments to Parts 1 to 9 of Children, Young Persons, and Their Families Act 1989
208. Amendments to Part 10 of Children, Young Persons, and Their Families Act 1989
209. New section 445D inserted
210. Amendments to Civil Aviation Act 1990
211. Amendments to Commodity Levies Act 1990
212. Amendments to Conservation Act 1987
213. Amendments to Criminal Proceeds (Recovery) Act 2009
214. Amendments to sections 59 and 71 of Criminal Proceeds (Recovery) Act 2009
215. Amendments to sections 101 to 110 of Criminal Proceeds (Recovery) Act 2009
216. New section 114 substituted
217. Sections 115 to 122 repealed
218. New section 127 substituted
219. Additional matters in respect of registering foreign forfeiture order
220. Amendments to Customs and Excise Act 1996
221. Amendments to sections 139 to 141 of Customs and Excise Act 1996
222. Searching vehicles
223. Amendments to sections 149A to 149D of Customs and Excise Act 1996
224. Examination of goods no longer subject to control of Customs
225. Amendments to sections 165 to 167 of Customs and Excise Act 1996
226. Amendments to section 172 and repeal of sections 168 to 171, and 173 of Customs and Excise Act 1996
227. Seizure and detention of goods suspected to be certain risk goods or evidence of commission of certain offences
228. New section 175D inserted
229. Amendments to Part 17 of Customs and Excise Act 1996
230. Amendments to Dairy Industry Restructuring Act 2001
231. Amendments to Dog Control Act 1996
232. Power of entry
233. Other amendments to Dog Control Act 1996
234. Amendments to Driftnet Prohibition Act 1991
235. Powers of search
236. Powers of seizure
237. Sections 16, 17, and 19 to 22 repealed
238. Section 24 repealed
239. Amendments to Electricity Industry Act 2010
239A. Amendments to Electronic Identity Verification Act 2012
240. Amendments to Extradition Act 1999
241. Amendments to Films, Videos, and Publications Classification Act 1993
242. Amendments to sections 109 to 109B of Films, Videos, and Publications Classification Act 1993
243. New section 110 substituted
244. Section 118 repealed
245. Amendments to Financial Markets Authority Act 2011
246. Amendments to Financial Transactions Reporting Act 1996
247. Amendments to Fisheries Act 1996
248. New sections 199 and 199A substituted
249. New section 199B inserted
250. Amendments to sections 200 to 207 of Fisheries Act 1996
251. Amendments to sections 208 to 220 of Fisheries Act 1996
252. Schedule 7 repealed
253. Amendments to Food Act 1981
254. Amendments to Gambling Act 2003
255. Amendments to Hazardous Substances and New Organisms Act 1996
256. Amendments to Health Practitioners Competence Assurance Act 2003
257. Amendments to Human Assisted Reproductive Technology Act 2004
258. Amendments to Human Tissue Act 2008
259. Amendment to Immigration Act 2009
260. Amendments to Immigration Advisers Licensing Act 2007
261. New sections 56 and 57 substituted
262. Amendments to sections 58 to 61 of Immigration Advisers Licensing Act 2007
263. New section 61A inserted
264. Other amendments to Immigration Advisers Licensing Act 2007
265. Amendments to Insurance (Prudential Supervision) Act 2010
266. Amendments to International Crimes and International Criminal Court Act 2000
267. Amendments to International War Crimes Tribunals Act 1995
268. Amendments to Land Transport Act 1998
269. Amendments to Local Government Act 2002
270. Seizure of property from private land
271. Other amendments to Local Government Act 2002
272. Amendments to Major Events Management Act 2007
273. Amendments to Marine Mammals Protection Act 1978
274. Powers of search
275. New section 14 substituted
276. Amendments to Marine Reserves Act 1971
277. Amendments to Maritime Security Act 2004
278. Amendments to Maritime Transport Act 1994
279. Amendments to Part 30 of Maritime Transport Act 1994
280. New sections 454 and 455 substituted
281. Amendments to Meat Board Act 2004
282. Amendments to Part 3 of Meat Board Act 2004
283. Amendments to Part 4 of Meat Board Act 2004
284. Amendments to Motor Vehicle Sales Act 2003
285. Amendments to National Parks Act 1980
286. Amendments to Overseas Investment Act 2005
287. Amendments to Ozone Layer Protection Act 1996
288. Search warrants
289. New section 25 substituted
290. Return or forfeiture of property seized
291. Amendment to Petroleum Demand Restraint Act 1981
292. Amendments to Pork Industry Board Act 1997
293. Amendments to Prostitution Reform Act 2003
294. Amendments to Radiation Protection Act 1965
295. Amendments to Radiocommunications Act 1989
296. Amendments to Reserve Bank of New Zealand Act 1989
297. Amendments to Parts 4 and 5 of Reserve Bank of New Zealand Act 1989
298. Further amendments to Reserve Bank of New Zealand Act 1989
299. Amendments to Reserves Act 1977
300. Amendments to Resource Management Act 1991
301. Amendments to Sale of Liquor Act 1989
302. Amendments to Tax Administration Act 1994
303. Amendments to Trade in Endangered Species Act 1989
304. Amendments to Unsolicited Electronic Messages Act 2007
305. Amendments to Waste Minimisation Act 2008
306. Amendments to Waste Minimisation Act 2008
307. Other amendments to Waste Minimisation Act 2008
308. Amendments to Wild Animal Control Act 1977
309. Amendments to Wildlife Act 1953
310. Amendments to Wine Act 2003

SUBPART 2 - Amendments to search and seizure powers in other enactments (and to related provisions) used for regulatory purposes

311. Amendments to Anti-Personnel Mines Prohibition Act 1998
312. Amendments to Chemical Weapons (Prohibition) Act 1996
313. Amendments to Commerce Act 1986
314. Amendment to Credit Contracts and Consumer Finance Act 2003
315. Amendments to Electricity Act 1992
316. Amendments to Fair Trading Act 1986
317. Amendments to Forests Act 1949
318. Amendments to Gas Act 1992
319. Amendments to International Energy Agreement Act 1976
320. Power of entry
321. New section 11 substituted
322. Amendments to Weights and Measures Act 1987

SUBPART 3 - Other repeals and amendments

323. Arms Act 1983 amended
324. Corrections Act 2004 amended
325. Crimes Act 1961 amended
326. Amendments to Crimes Amendment Act (No 4) 2011
327. Amendments to Criminal Procedure Act 2011
328. District Courts Act 1947 amended
329. New section 17A substituted
330. Health Act 1956 amended
331. Misuse of Drugs Act 1975 amended
332. New section 18 substituted
333. Application of Customs and Excise Act 1996
334. Misuse of Drugs Amendment Act 1978 amended
335. Mutual Assistance in Criminal Matters Act 1992 amended
336. Policing Act 2008 amended
337. Summary Proceedings Act 1957 amended
338. Amendments to Summary Proceedings Amendment Act (No 2) 2011
339. Telecommunications Act 2001 amended
340. Telecommunications (Interception Capability) Act 2004 amended
341. Telecommunications (Residual Provisions) Act 1987 repealed

SUBPART 4 - Regulation-making powers, transitional provisions, and review provision

342. Regulations
Note
343. Transitional provision in relation to reporting requirements
344. Disclosure of prior warrants in applications for surveillance device warrants made in transitional period
345. Disclosure of prior warrants in applications for search warrants
346. Transitional provision relating to Part 11A of Crimes Act 1961
347. Transitional provision relating to sections 14 to 29 of Misuse of Drugs Amendment Act 1978
348. Transitional provision in relation to sections 198 to 200 of Summary Proceedings Act 1957
349. Transitional provision relating to sections 200A to 200P of Summary Proceedings Act 1957
350. Transitional provision relating to covert video surveillance
351. Transitional provision relating to provisions brought into force under section 2
352. Certain provisions deemed to be in force during transitional period
353. Certain provisions limited to matters covered in subpart 1 of Part 3 during transitional period
354. Transitional provision relating to Criminal Procedure Act 2011
355. References to enforcement officer during transitional period
356. Regulations providing for transitional matters
357. Review of operation of Act
SCHEDULE 1
SCHEDULE 2

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