IR-01-26-26234
28 July 2026
Lee
[FYI request #35095 email]
Kia ora Lee
Request for Information
Thank you for your Official Information Act 1982 (OIA) request received by Police on 21
July 2026, in which you requested information about Police obligations relating to the
Search and Surveil ance Act. I have included your request as an Appendix, due to its
length.
There is a difference between questions which can be answered by providing information
already known to and held by an agency (official information) and questions which require
an agency to form an opinion or provide an explanation and so create new information to
answer the request (not official information).
An agency is not obliged to form an opinion or create information to answer an official
information request. Your request is therefore refused in full, as your questions do not
constitute a request for official information.
However, I refer you to the following publicly available information which will provide
answers to most of your questions.
Police Search manual
https://www.police.govt.nz/about-us/publication/search-police-manual-chapter
Police Surveil ance manual
https://www.police.govt.nz/about-us/publication/surveil ance-police-manual-chapter
Search and Surveil ance Legislation
https://www.legislation.govt.nz/act/public/2012/24/en/latest/#DLM2136536
You have the right to seek an investigation and review by the Ombudsman of this
decision. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Ngā mihi
Detective Inspector John Van den Heuvel
Acting Director, National Criminal Investigations Group
Appendix One – your request
I seek information about Police obligations and any exemptions that may apply under the
Search and Surveil ance 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 Surveil ance 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 Surveil ance 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 stil 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?
2
•
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 Surveil ance 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 al ows 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 al 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
3
•
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 Surveil ance
requirements, under the specific Act that expressly al ows them not to in
particular situations
4
