Search and Surveillance Act 2012

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

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

You could also call this:

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

If you are in a public place, a police officer can enter and search your vehicle without a warrant. This can happen if the officer has a good reason to think your vehicle has something in it that is evidence of a serious crime. The crime must be one that could result in a prison sentence of 14 years or more, or a crime like planning a terrorist act under section 6B(1) of the Terrorism Suppression Act 2002.

You should know that the police officer must have reasonable grounds to believe that evidential material is in or on your vehicle. The officer can only do this if your vehicle is in a public place. The police officer is looking for evidence of a serious crime.

The police can search your vehicle to find this evidence, but only if they think the vehicle has something to do with a serious crime like the ones mentioned. This means the police can look inside your vehicle to see if they can find any evidence. The police are trying to find evidence of a crime that could result in a long prison sentence.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136651.


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

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


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18: Warrantless searches associated with arms, or

"Police can search you without permission if they think you're breaking arms laws."

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

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

  1. A constable may, without a warrant, enter and search a vehicle that is in a public place if he or she has reasonable grounds to believe that 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 is in or on the vehicle.

Notes
  • Section 17: amended, on , by section 41 of the Counter-Terrorism Legislation Act 2021 (2021 No 37).