Search and Surveillance Act 2012

Police powers - Warrantless powers in relation to offences against section 202A of Crimes Act 1961

28: Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected

You could also call this:

"Police can search a vehicle without a warrant if they think someone inside has a banned weapon."

If you are in a vehicle, a police officer can search it without a warrant. This can happen if the officer thinks someone in the vehicle has a knife, offensive weapon, or disabling substance. The officer must have a good reason to think this is happening, like someone in the vehicle is breaking the law against having these things, as stated in section 202A of the Crimes Act 1961.

The police officer can search the vehicle if they think it has a knife, offensive weapon, or disabling substance inside. You should know that the officer needs to have reasonable grounds to suspect this. The officer's suspicion must be based on the circumstances, such as someone in the vehicle having one of these items.

The law allows the police officer to take this action to keep people safe. The officer must follow the rules and have a good reason to search the vehicle. If the officer thinks someone in the vehicle is breaking the law, they can search the vehicle without a warrant, as per section 202A of the Crimes Act 1961.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM2136666.


Previous

27: Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected, or

"Police can search you in a public place without a warrant if they think you're carrying a banned item"


Next

29: Power to search vehicles without warrant for stolen property, or

"Police can search a vehicle without permission if they think it has stolen goods inside."

Part 2Police powers
Warrantless powers in relation to offences against section 202A of Crimes Act 1961

28Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected

  1. A constable who has reasonable grounds to suspect that the circumstances in subsection (2) exist in relation to a vehicle may search the vehicle.

  2. The circumstances are that—

  3. a person travelling in the vehicle or who has alighted from it is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances); and
    1. the vehicle contains a knife, offensive weapon, or disabling substance.