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StatuteCrimes Act 1961

Section 312P — Crimes Act 1961: Report to be made to Judge on use of warrant or permit

Text of the provision Official document

312P Report to be made to Judge on use of warrant or permit (1) As soon as practicable after an interception warrant or an emergency permit has expired, the member of the Police who applied for it, or (if that member is unable to act) another commissioned officer of Police, shall make a written report to the Judge who granted the warrant or permit, or (if that Judge is unable to act) to another Judge, on the manner in which the power conferred by the warrant or permit has been exercised and the results obtained by the exercise of that power. (2) Notwithstanding anything in section 312H of this Act, the Judge who receives a report under subsection (1) of this section shall be entitled to inspect any relevant document held under subsection (1) of that section. (3) Without limiting the generality of subsection (1) of this section, every report made for the purposes of that subsection shall contain the following information: (a) Where the interception device was placed: (b) The number of interceptions made by means of the interception device: (c) Whether any relevant evidence was obtained by means of the interception device: (d) Whether any relevant evidence has been, or is intended to be, used in any criminal proceedings: (e) Whether any records of a private communication intercepted pursuant to the warrant or permit have been destroyed in accordance with section 312I or section 312J of this Act, and, if not, why they have not been destroyed: (f) Whether the interception device has been retrieved, and, if not, why it has not been retrieved. (4) On receiving a report under this section, the Judge may require such further information relating to the matter as the Judge thinks fit, and (in addition to any directions the Judge gives for the purposes of section 312J(3) of this Act) the Judge may give such directions as the Judge thinks desirable, whether relating to the retrieval of the interception device, or otherwise. Part 11A, comprising sections 312A to 312Q, was inserted, as from 1 August 1987, by section 4 Crimes Amendment Act (No 2) 1987 (1987 No 167). Section 312P was amended, as from 1 October 2003, by section 30 Crimes Amendment Act 2003 (2003 No 39) by substituting the words “ interception device ” for the words “ listening device ” wherever they appear.

Official source: legislation.govt.nz

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