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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"

Illustration for Search and Surveillance Act 2012

When you are locked up in Police custody, the Police take some of your things from you. They must give you back your money and property when you are released, except if a constable thinks it might be needed as evidence in court, or if having it is against the law. You can find more information about when the Police can take your things in section 11. If you are released from Police custody and put into someone else's care, the Police will try to give your things to that person, or to the person in charge of where you are being held.

If a constable thinks your things might be needed as evidence, or if having them is against the law, you will not get them back right away. The Police must follow rules about what to do with your things, and these rules can be found in laws like the Policing Act 2008 and the Criminal Procedure Act 2011. Sometimes, a court can make an order about what happens to your things, and the Police must follow that order.

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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.

Topics:
Crime and justice > Police and safety
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12: Searchers, or

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

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14: Warrantless entry to prevent offence or respond to risk to life or safety, or

"Police can enter without permission to stop something bad happening or to keep people safe."

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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