TERMS OF REFERENCE AND ACKNOWLEDGEMENTS
In 1983 the then Minister of Justice, the Hon J K McLay, appointed an ad hoc Law Reform Committee, whose membership was drawn from the Public and Administrative and the Criminal Law Reform Committees, to consider the law relating to search and search warrants in New Zealand.
Following the change of government in 1984, the Standing Law Reform Committees structure was replaced by the Law Commission. Notwithstanding that change, the Minister of Justice, the Rt Hon G W R Palmer, confirmed this Committee's mandate and its terms of reference.
The terms of reference were to consider:
(a) whether a power of search which is expressed or implied in any particular enactment is necessary;
(b) whether the power should be exercised only on warrant or otherwise;
(c) who should have power to issue a search warrant;
(d) what amount of evidence should be necessary to support an application for a search warrant, and what degree of precision should be required in the search warrant itself;
(e) access by the person aggrieved to examine and have a copy of the warrant;
(f) the extent to which a person aggrieved should have access to any details relating to the grounds on which the warrant is issued;
(g) the extent to which seizure of objects ought to be permitted during or as a result of search and whether search ought specifically to be authorised for the purposes of observation, inspection and recording, as well as for seizure;
(h) other related matters which arise in the course of the Committee's deliberations.
The original membership of the Committee was Mr J B Robertson (a law practitioner of Dunedin and now a judge of the High Court at Auckland) as Chairman, Mr S G Erber (a law practitioner of Christchurch and now a District Court Judge), Mr D P Neazor QC (the Solicitor-General), Mr J C Pike (a senior legal adviser with the Department of Justice and now Crown Counsel), Chief Inspector and now Superintendent N B Trendle (the Chief Legal Adviser to the New Zealand Police) and Mr D A R Williams QC (of Auckland). In 1984 Professor P D G Skegg (a member of the Law Faculty at Otago University) became a member. Pressure of other work prevented the Solicitor-General continuing his membership.
The Committee has successively been assisted by four secretaries: Mr William Lawes, Ms Catriona MacLennan, Mr Mark Carruthers, and Mr Bruce Williams.
A comprehensive report was prepared for the Committee by Dr G D S Taylor which summarised the existing law relating to powers of search and suggested possible areas for reform. It has proved to be of considerable assistance.
Superintendent Trendle assisted with empirical data relating to the operation of the powers of search and seizure exercised by the police under the Summary Proceedings Act 1957 and various other enactments either by the police alone or in conjunction with other departments.
At an early stage the Committee sought advice from the Government Departments which were responsible for legislation that included powers of search. In particular we sought information on the manner in which the powers were exercised, the frequency of their use, the administrative structure employed and the need for the powers.
The Committee spoke, amongst others, to representatives from the Customs Department, which represents an area of operation in which there are unusual and extensive powers of search and which, by the nature of those operations, is constantly involved in search and seizure.
We appreciate the careful comments that we have received from Government Departments, the New Zealand Law Society, the Royal Federation of New Zealand Justices' Associations (Inc) and the members of the University Law Faculties who responded.
The Committee has also considered the Seventeenth Report of the Public and Administrative Law Reform Committee on Statutory Powers of Entry where associated issues are discussed.