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The right to be free from unreasonable search and seizure is well recognised by the international human rights community.〔International Convention on Civil and Political Rights, Art 17.〕 Section 21 of the New Zealand Bill of Rights Act 1990 (NZBoRA 1990) incorporates this right into New Zealand law, stating that: "Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence or otherwise." This right to be free from unreasonable search and seizure is primarily concerned with protecting the privacy interests of individuals against intrusions by the State. The Court of Appeal of New Zealand〔Williams v Attorney-General () NZCA 52.〕 and Supreme Court of New Zealand〔Hamed v R () NZSC 101, () 2 NZLR 305, (2011) 25 CRNZ 326.〕 have both recognised that the protection of privacy is core purpose of s21 NZBoRA 1990. Chief Justice Elias described the right protected as “the right to be let alone”〔Hamed v R () NZSC 101, () 2 NZLR 305, (2011) 25 CRNZ 326, at ().〕 however it currently does not provide a full right to privacy of the kind in Article 17 of the International Convention on Civil and Political Rights.〔Helu v Immigration and Protection Tribunal () NZSC 28, at ().〕 Individuals subjected to a search or seizure that is unreasonable they may have a claim for a remedy, generally the exclusion of any evidence obtained by the search or seizure. An analysis of whether an unreasonable search of seizure has occurred under section 21 is a two-step process of asking: # Was there a search or seizure? # Was the search or seizure unreasonable? Unlike other rights protected under the NZBoRA 1990 there are no possible grounds for a reasonable limitation on section 21 under section 5 of the NZBoRA 1990 as if a search or seizure is unreasonable it is contradictory to say it could then be reasonably justified.〔Hamed v R () NZSC 101, () 2 NZLR 305, (2011) 25 CRNZ 326, at ().〕 ==Search and Surveillance Act 2012== While the NZBORA 1990 establishes the overall right to be free from unreasonable search and seizure the Search and Surveillance Act 2012 provides the statutory framework for the practical application of the law in this area in New Zealand. Searches and seizures that do not comply with the requirements of the Act will be unlawful. The purpose section of the Act states that these requirements “recognise the importance of the rights and entitlements affirmed in other enactments including the New Zealand Bill of Rights Act 1990”.〔Search and Surveillance Act 2012, s5.〕 The provisions of the Search and Surveillance Act 2012 accommodate the need to protect against unreasonable search and seizure. Therefore, cases involving possible unreasonable searches or seizures will involve significant consideration of whether the Search and Surveillance Act 2012 has been complied with. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Unreasonable search and seizure in New Zealand」の詳細全文を読む スポンサード リンク
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