Review of the Search and Surveillance Act 2012

Publication Date 
08 November 2016

The Law Commission and the Ministry of Justice have jointly published an Issues Paper describing possible ways to improve the operation of the Search and Surveillance Act 2012.  This Paper, Review of the Search and Surveillance Act 2012 (IP40), examines different regimes established by the Act in relation to surveillance device warrants, search warrants (with a special focus on searches of digital data), warrantless searches, privilege, production and examination orders, and the use of intelligence agencies’ capabilities for law enforcement purposes. It outlines potential problems with the operation of the Act and options for reform.

In preparing this Paper, the Commission and the Ministry held preliminary consultation with a range of organisations, including Police, other enforcement agencies, prosecutors, trial lawyers and other people whose work engages the Act. Those meetings informed the issues discussed in this Paper. The Commission and the Ministry of Justice now seek public feedback on those issues and possible options for reform.

REVIEW OF THE SEARCH AND SURVEILLANCE ACT 2012 - SUBMISSIONS CAN BE MADE BELOW
- Online submission:  https://consultations.justice.govt.nz/independent/search-and-surveillance-act
- Email address:          ss1@lawcom.govt.nz
- Postal address:         Law Commission, PO Box 2590, Wellington 6140

 

Video File 
Review of the Search and Surveillance Act 2012 - Donna Buckingham, Commissioner