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Local Government Act 2002

Regulatory, enforcement, and coercive powers of local authorities - Enforcement powers - Matters of proof in relation to bylaws prohibiting alcohol in public place

170: Conditions relating to power of search

You could also call this:

“Rules for when police can search your things in public places”

When a constable wants to search your container or vehicle in a public place, they must first tell you that you can move it. They need to give you a fair chance to do this before they search.

However, on certain days or for special events, a constable can search your container or vehicle right away without telling you first. But before this can happen, the local council must put up notices. They have to do this at least 14 days before the event. The notices must clearly show where and when this rule applies.

The council must put up signs in easy-to-see places to show where this rule is in effect. They only don’t have to do this if it’s too hard or doesn’t make sense to put up signs.

A constable can only use this power to search right away if a local law allows it. This local law is made under section 147.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM173443.

Topics:
Crime and justice > Police and safety
Government and voting > Local councils
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“How to prove a drink is alcohol when someone breaks a ban on drinking”

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“Local councils can go into places to do their job, but they must tell the owner first”

Part 8 Regulatory, enforcement, and coercive powers of local authorities
Enforcement powers: Matters of proof in relation to bylaws prohibiting alcohol in public place

170Conditions relating to power of search

  1. Before exercising the power of search under section 169(2)(a) in relation to a container or a vehicle, a constable must—

  2. inform the person in possession of the container or the vehicle, as the case may be, that he or she has the opportunity of removing the container or the vehicle from the public place; and
    1. provide the person with a reasonable opportunity to remove the container or the vehicle, as the case may be, from the public place.

      1. However, on specified dates or in relation to specified events, notified in accordance with subsection (3), a constable may, immediately and without further notice, exercise the power under section 169(2)(a) to search a container or a vehicle.

      2. Before a constable may exercise the power of search under subsection (2), the territorial authority must—

      3. specify the public place (within the meaning of section 169(1)) where, and the period when, this power may be exercised by the Police by public notice given 14 days in advance in accordance with this Act; and
        1. indicate the location of the public place by 1 or more clearly legible notices affixed in 1 or more conspicuous places on, or adjacent to, the place to which the notice relates, unless it is impracticable or unreasonable to do so.

          1. Subsection (2) only applies if the constable is authorised to exercise that power by a bylaw made under section 147.

          Compare
          Notes
          • Section 170(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 170(1)(b): amended, on , by section 17 of the Local Government Act 2002 Amendment Act 2004 (2004 No 63).
          • Section 170(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 170(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
          • Section 170(4): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).