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Search and Surveillance Act 2012

Police powers - Warrantless powers relating to road blocks

30: Obtaining authorisation for warrantless road block

You could also call this:

"Police can set up a road block without a warrant to catch someone who has done something wrong"

A senior constable can let police set up a road block to arrest someone. You might wonder when they can do this. They can do it if they think someone in a vehicle has done something wrong or is supposed to be in jail.

The police need to think the vehicle will drive past where they want to set up the road block. They also need to make sure everyone on the road will be safe. The senior constable can give permission for the road block orally or in writing.

When we talk about a senior constable, we mean a police officer who is a sergeant or higher. This also includes any police officer who is acting in that role. You should know that a senior constable has to follow certain rules to let police set up a road block.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136671.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal law
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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."

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31: Duration and record of warrantless road block authorisation, or

"How long a road block without a warrant can last and what needs to be recorded"

Part 2Police powers
Warrantless powers relating to road blocks

30Obtaining authorisation for warrantless road block

  1. A senior constable may authorise the establishment of a road block for the purpose of arresting a person in the circumstances set out in subsection (2).

  2. The circumstances are that the senior constable—

  3. has reasonable grounds to believe that in or on a vehicle there is a person who the constable has reasonable grounds to suspect—
    1. has committed an offence punishable by a term of imprisonment; or
      1. is unlawfully at large; and
      2. has reasonable grounds to suspect that the vehicle will travel past the place where it is proposed that the road block be established; and
        1. is satisfied that, as far as is reasonably practicable, the safety of all road users will be ensured in the area in which it is proposed that the road block be established.

          1. An authorisation may be granted under this section orally or in writing.

          2. In this section, senior constable means a constable who holds a level of position of sergeant or higher, and includes any constable who is acting in any such rank.