Search and Surveillance Act 2012

Police powers - Warrantless searches of people who are to be locked up in Police custody

13: Property taken from people locked up in Police custody

You could also call this:

"What happens to your belongings when you're in Police custody"

When you are locked up in Police custody, the Police take some of your things from you. They have to give you back your money and property when you are released, except in some cases. If a constable thinks something might be used as evidence in court, or if having it is against the law, they do not have to give it back to you.

If you are released from Police custody and someone else is now in charge of you, the Police should give your things to that person, or to the person in charge of where you are going. This does not apply if the Police are keeping something because it might be used in court, or because having it is against the law.

The Police also do not have to give you back your things if there is an order made under section 40 of the Policing Act 2008 or section 377 of the Criminal Procedure Act 2011.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136645.


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"Who can search you when you're in police custody"


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Part 2Police powers
Warrantless searches of people who are to be locked up in Police custody

13Property taken from people locked up in Police custody

  1. All money and every item of property taken from a person under section 11 must be returned to him or her when he or she is released from custody, except for the following:

  2. any money or property that, in the opinion of a constable, may need to be given in evidence in proceedings arising out of a charge brought against the person:
    1. any money or property whose possession may, in the opinion of a constable, constitute an offence.
      1. Despite subsection (1), when a person described in section 11(1) is released from Police custody and is placed in the custody of another person, all money and every item of property taken from him or her under section 11 (other than money or property of a kind described in subsection (1)(a) or (b)) must, if practicable, be delivered—

      2. to the person into whose custody he or she is released; or
        1. to the person in charge of the facility, if he or she is being released from Police custody in order to be held in custody in the facility.
          1. Subsection (1) is subject to an order made under—

          2. section 40 of the Policing Act 2008; or
            1. section 377 of the Criminal Procedure Act 2011.
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