New Zealand Police,

Subject: Official Information Act request – Search and Surveillance Act obligations and warrant information

Dear Official Information Act officer,

This is a request for information under the Official Information Act 1982

I seek information about Police obligations and any exemptions that may apply under the Search and Surveillance Act 2012, particularly in relation to warrants and warrantless powers. Please answer the following questions and identify any statutory provisions you rely on in your response

1. Exemptions from providing warrant information
• Are there any statutory exemptions that allow Police to refuse to provide information, and grounds relied on:
(a) with the existence or non existence of a search warrant;
(b) where the written grounds relied on must be provided to one affected that authorises the search and the reason for it, with a warrant or warrantless power; and
(c) Giving the execution details of a warrant (including place, date, time, and officers involved)?
• If so, please identify the specific enactments and sections that provide those exemptions, and explain in what circumstances they can be relied on

2. Section 8 – Entry without warrant
• When Police rely on section 8 of the Search and Surveillance Act 2012 (entry without warrant to avoid loss of offender or evidential material), what grounds must be recorded or documented?
• Are Police required to disclose, upon request, the factual grounds and statutory basis relied on under section 8 for a particular warrantless entry?
• If there is any legal basis for refusing to provide those grounds, please identify the relevant Act and section

3. Sections 99 and 107 – Validity of search warrant application and misleading information
• Under section 99 of the Search and Surveillance Act 2012 (applications for search warrants) and section 107 (grounds for issuing a warrant):
(a) Is a search warrant invalid if Police provide misleading, incomplete, or incorrect information to the issuing officer?
(b) What is the Police policy or legal position on the effect of misleading information in a warrant application?
• Please provide any internal guidance, policy, or legal advice that sets out how Police treat warrants where the issuing officer was misled

4. Issuing officer authorisation and term (section 6 and related provisions)
• When an issuing officer is authorised (for example, by the Attorney General or other authority) for a defined term (such as three years), must that authorisation still be current at the time the officer signs a warrant for the warrant to be valid?
• If an issuing officer’s authorisation has expired, does this affect the validity of any warrant they purport to issue?
• Are Police required to check and record that the issuing officer’s authorisation is current at the time of issuing the warrant,
• Would this information be considered to be disclosed in the interest of the public and the lawfulness of carrying out an unauthorised search warrant?

5. Section 108 – Knowledge of issuing officer
Section 108 of the Search and Surveillance Act deals with the issuing officer’s term been current to be authorized to sign the warrant,
(a) the issuing officer must be authorised by the attorney general for a 3 year period, if the issuing officer authoritisation is not current at the time of signing the warrant, does the warrant become invalid? if not why not?
(b) Do Police accept that an issuing officer must have sufficient knowledge of the law and facts when authorising a warrant, and that “not knowing” is not an excuse?
(c) How is this requirement reflected in Police training or guidance for warrant applications?
(d) If disclosure of this information is requested, must police provide it? If not, why not?

6. Section 109 – Limitation on jurisdiction of issuing officers
• Section 109 provides that an issuing officer must not perform any function in relation to an application if they are engaged by the same agency that seeks the warrant, or otherwise lack jurisdiction.
(a) In practice, how do Police ensure compliance with section 109?
(b) On request, are Police required to provide details of the issuing officer (name, role, and employing agency) for a particular warrant?
(c) If Police consider that they are not required to provide these details, please identify any statutory basis or exemption that allows refusal.
• Is there consideration given to ensure the issuing officer’s authorization is current and the warrant has signed meeting the above grounds, without giving the name of the issuing officer, if deemed inappropriate

7. Section 125 – Notice of seizure
• Section 125 imposes a duty to give written notice of seizure, including what was taken, under what authority (as referred to in section 131(1)(b)(v)(a) and (b)), and information about rights of access and privilege/confidentiality, within 7 days
(a) Is it Police policy and practice that written notice specifying what was seized and the authority for seizure must be given to the affected person in all cases, as soon as practical possible, but within 7 days, subject only to any explicit statutory exception?
(b) Are there any statutory exemptions that allow Police not to provide the written notice required by section 125? If so, please identify the relevant provisions and explain when they can be used

8. Section 131 – Notice of warrantless search and enactment relied on
• Section 131 requires Police, when carrying out a search without a warrant, to identify themselves, state why they are searching, and give written notice of the enactment authorising the search and the reason for it
(a) Do Police accept that they must provide, in writing, the enactment relied on for a warrantless search to anyone affected by that search at that time?
(b) Are there any statutory exemptions that allow Police not to provide written notice of the enactment and reason, despite section 131? If so, please identify them and explain the circumstances in which they can be relied on
(c) Please provide any internal policy or guidance that explains how section 131 is to be complied with in practice

9. Disclosure of warrant, warrantless grounds, and notices on request
• When a person affected by a warrant or warrantless search requests copies of:
(a) the warrant (if any);
(b) the application/grounds and supporting material;
(c) any notices required under sections 125 and 131;
what is the Police position on whether these must be provided?

• Please identify any legal provisions relied on to refuse or limit such disclosure, if Police consider that full disclosure is not required

For each answer, please:
• Cite the relevant statutory provisions, and
• Provide or refer to any Police policy documents, operational instructions, or training materials that govern how these duties and exemptions are applied
• State where Police do not have to comply with the Search and Surveillance requirements, under the specific Act that expressly allows them not to in particular situations

Thank you

Regards,

Lee