Search and Surveillance Act 2012

Police powers - Warrantless powers for evidential material relating to serious offences

16: Searching people in public place without warrant for evidential material relating to certain offences

You could also call this:

"Police can search you in public without a warrant if they think you've committed a serious crime."

A police officer can search you in a public place without a warrant if they think you have something that can be used as evidence for a serious crime. This can happen if the police officer believes you have done something that could get you imprisoned for 14 years or more. The police officer can also search you if they think you have done something against the law, such as planning a terrorist act, as stated in section 6B(1) of the Terrorism Suppression Act 2002.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136650.

Topics:

Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy

15: Entry without warrant to find and avoid loss of evidential material relating to certain offences, or

"Police can search a place without permission if they think a serious crime is happening and evidence will be lost."

17: Warrantless entry and search of vehicle for evidential material relating to certain offences, or

"Police can search your vehicle in a public place without a warrant if they think it has evidence of a serious crime."

Part 2Police powers
Warrantless powers for evidential material relating to serious offences

16Searching people in public place without warrant for evidential material relating to certain offences

A constable may search a person without a warrant in a public place if the constable has reasonable grounds to believe that the person is in possession of evidential material relating to an offence punishable by imprisonment for a term of 14 years or more or an offence against section 6B(1) (terrorist act: planning or other preparations to carry out) of the Terrorism Suppression Act 2002.

Notes

Section 16: amended, on 5 October 2021, by section 40 of the Counter-Terrorism Legislation Act 2021 (2021 No 37).