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Search and Surveillance Act 2012

Police powers - Warrantless powers in relation to arms

18: Warrantless searches associated with arms

You could also call this:

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

If you are carrying arms, or have them with you, a police officer can search you without a warrant if they think you are breaking the law. They can search you, anything you have with you, like a bag or a car, and even enter a place or vehicle to do the search. The police officer can also take away any arms or licences they find if they think you are not allowed to have them, according to the Arms Act 1983.

The police officer can do this if they think you are not following the Arms Act 1983, or if you are not well enough to control the arms safely. They can also do this if there is a protection order against you, or if they think someone might get hurt because of you, as stated in the Family Violence Act 2018.

A police officer can enter a place or vehicle without a warrant if they think there are arms inside that might be used to commit a crime, or if they think the arms might be evidence of a crime, related to the Arms Act 1983.

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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=DLM2136653.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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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."

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18AA: Warrantless searches associated with FPOs, or

"Police can search you without a warrant if you have a firearms prohibition order"

Part 2Police powers
Warrantless powers in relation to arms

18Warrantless searches associated with arms

  1. A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or all of the following:

  2. search the person:
    1. search any thing in the person's possession or under his or her control (including a vehicle):
      1. enter a place or vehicle to carry out any activity under paragraph (a) or (b):
        1. seize and detain any arms found:
          1. seize and detain any licence under the Arms Act 1983 that is found.

            1. The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, and—

            2. he or she is in breach of the Arms Act 1983; or
              1. he or she, by reason of his or her physical or mental condition (however caused),—
                1. is incapable of having proper control of the arms; or
                  1. may kill or cause bodily injury to any person; or
                  2. that, under the Family Violence Act 2018,—
                    1. a protection order or a police safety order is in force against the person; or
                      1. there are grounds to make an application against him or her for a protection order.

                      2. A constable may, without a warrant, enter a place or vehicle, search it, seize any arms or any licence under the Arms Act 1983 found there, and detain the arms or licence if he or she has reasonable grounds to suspect that there are arms in the place or vehicle—

                      3. in respect of which a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed; or
                        1. that may be evidential material in relation to a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983.

                          Notes
                          • Section 18(2)(c): amended, on , by section 259(1) of the Family Violence Act 2018 (2018 No 46).