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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Enforcement powers - Powers of arrest, search, and seizure in relation to liquor

169: Powers of arrest, search, and seizure in relation to alcohol bans

You could also call this:

“Police can search, take alcohol, and arrest people in no-drinking areas”

When you’re in a place where drinking alcohol is not allowed, the police can do certain things to enforce the rules. These rules are part of a law called an ‘alcohol ban’.

The police can search your bag or your car if they think you might have alcohol with you in an area where it’s not allowed. They don’t need a special document (called a warrant) to do this.

If the police find alcohol in a place where it’s not allowed, they can take it away from you. They can also arrest you if they see you breaking the alcohol ban rules.

The police can also arrest you if you refuse to leave an area where alcohol is banned when they ask you to, or if you won’t give them alcohol that you’re not supposed to have.

If the police take alcohol from you and you pay a fine (called an infringement fee), the alcohol becomes the property of the government and you can’t get it back.

Remember, these rules only apply in specific places where there’s an alcohol ban in effect. These bans are made by your local council to help keep public areas safe and enjoyable for everyone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173433.

Topics:

Government and voting > Local councils

Crime and justice > Police and safety

168: Power to dispose of property seized and impounded, or

“Council can sell or get rid of things they took from you after six months”

169A: Proving substance is alcohol in relation to alleged breach of alcohol ban, or

“How to prove a drink is alcohol when someone breaks a ban on drinking”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Enforcement powers: Powers of arrest, search, and seizure in relation to liquor

169Powers of arrest, search, and seizure in relation to alcohol bans

In this section and in sections 169A and 170,—
alcohol has the meaning given by section 5(1) of the Sale and Supply of Alcohol Act 2012
alcohol ban means a bylaw made under section 147
offence means a breach of an alcohol ban
restricted place means a public place (within the meaning of section 147(1)) in respect of which an alcohol ban is in force.
A constable may, without warrant,—
for the purpose of ascertaining whether alcohol is present, search—
1. a container (for example, a bag, case, package, or parcel) in the possession of a person who is in, or entering, a restricted place; or
2. a vehicle that is in, or is entering, a restricted place:
seize and remove any alcohol (and its container) that is in a restricted place in breach of an alcohol ban:
arrest any person whom the constable finds committing an offence:
arrest any person who has refused to comply with a request by a constable—
1. to leave a restricted place; or
2. to surrender to a constable any alcohol that, in breach of an alcohol ban is in the person's possession.

Alcohol or a container seized under subsection (2)(b) is forfeited to the Crown if the person from whom the alcohol or container is seized pays the infringement fee.

Notes

Section 169: replaced, on 18 December 2013, by section 5 of the Local Government (Alcohol Reform) Amendment Act 2012 (2012 No 121).