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Search and Surveillance Act 2012

Enforcement officers' powers and orders - Police and Customs officer powers to search in relation to delivery under section 12 of Misuse of Drugs Amendment Act 1978

81: Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978

You could also call this:

"Police or Customs can search you, your things, or your vehicle without a warrant if they think you're involved in a drug crime"

If you are involved in a delivery that a Customs officer is checking under section 12 of the Misuse of Drugs Amendment Act 1978, a constable or Customs officer can search you without a warrant. They can also enter and search any place, vehicle, or boat if they think you have something you should not have. The officer can take anything they think might be a controlled drug, a precursor substance, or something related to a crime.

The officer can only do this if they have a good reason to think you have something like a controlled drug, a precursor substance, or a package that has been tampered with. They can also look for evidence of a crime under the Misuse of Drugs Act 1975, specifically section 6(1)(a) or section 12AB.

If the officer finds something they think is evidence of a crime, they can take it as part of their investigation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136760.

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Part 3Enforcement officers' powers and orders
Police and Customs officer powers to search in relation to delivery under section 12 of Misuse of Drugs Amendment Act 1978

81Searches of persons, places, and vehicles relating to deliveries under section 12 of Misuse of Drugs Amendment Act 1978

  1. In the circumstances set out in subsection (2), a constable or a Customs officer may, during the course of a delivery in relation to which a Customs officer has exercised his or her powers under section 12 of the Misuse of Drugs Amendment Act 1978, do any or all of the following without a warrant:

  2. search a person involved in a delivery under section 12 of the Misuse of Drugs Amendment Act 1978:
    1. enter and search any place, craft, or vehicle:
      1. seize anything that he or she has reasonable grounds to believe is a thing described in any of paragraphs (a) to (d) of subsection (2).

        1. The circumstances are that the constable or the Customs officer has reasonable grounds to believe that the person is in possession of, or the place, craft, or vehicle contains, any 1 or more of the following:

        2. a controlled drug:
          1. a precursor substance:
            1. a package in relation to which the Customs officer has replaced all or a portion of any controlled drug or precursor substance:
              1. evidential material in relation to the commission of an offence under section 6(1)(a) or 12AB of the Misuse of Drugs Act 1975.