Justice Centre | 19 Aitken Street
DX SX10088 | Wellington
T 04 918 8800 | [email address]
justice.govt.nz
10 December 2020
Grace Haden
[FYI request #14026 email]
Tēnā koe Ms Haden
Search warrants
Thank you for your email of 18 November 2020 in which you raise questions following the Ministry’s
Official Information Act 1982 response to you dated 17 November. Your email has been referred to
me for response as Manager Operations Support (Seconded), Courts and Tribunals, Regional Service
Delivery.
You have suggested that a policy be developed as to what constitutes a legal search warrant, as you
believe the issuing officer number and stamp does not provide sufficient identification. You have
also asked whether there is any obligation of the court to hold a copy of the warrant and application.
In response, any policy developed by a government department cannot contravene or override
legislation. As explained in the Ministry of Justice’s response of 17 November, the Search and
Surveillance Act 2012 (the Act) determines what must be included in a search warrant. It requires
that
either the name
or individual designation (a number) of the issuing officer must be present on
the warrant; it does not require both.
The Court must retain a sealed copy of an application for a search warrant, but it is not required to
keep a copy of the warrant. Section 101 of the Act requires that:
s101(1) a copy of every application for a search warrant must be held at the District Court
closest to where the application was made;
s101(2) the applicant must retain a copy of the warrant, application, and any supporting
documentation to the application.
As previously advised, a person is entitled to query the validity of a warrant by seeking confirmation
with the Court that the individual designation number on the warrant relates to an authorised
issuing officer. However, they do not have an automatic right to view the application.
If a person wishes to view an application for a search warrant, they must apply in writing to the
Court and a Judge will consider their application. Where no charge has been filed as a result of the
execution of a search warrant, a request for access to the application must be made to the High
Court. Where a charge has been filed, a request for access to the application must be made to the
District Court.
I trust this clarifies the position.
Nāku noa, nā
Rebecca Todd
Manager Operations Support (Seconded), Courts and Tribunals, Regional Service Delivery
Ref:
84605