New Zealand Law Society - Review of Search and Surveillance Act underway

Review of Search and Surveillance Act underway

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The Law Commission and Ministry of Justice have jointly published an issues paper which outlines possible ways of improving the operation of the Search and Surveillance Act 2012.

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The paper, Review of the Search and Surveillance Act 2012, examines different regimes established by the Act in relation to surveillance device warrants, search warrants, warrantless searches, privilege, production and examination orders, and the use of intelligence agencies' capabilities for law enforcement purposes.

The paper outlines potential problems with the operation of the Act and options for reform.

The Commission and ministry say they had preliminary consultation with a range of organisations while they were preparing the paper. These included the Police, other enforcement agencies, prosecutors, trial lawyers, and other people whose work engages the Act.

Public feedback and submissions of the issues identified by the paper are now being sought.