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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Consent searches

92: Purposes for which consent search may be undertaken

You could also call this:

"When can you agree to let an officer search you, your things, or your place?"

You can be asked to agree to a search by an enforcement officer. The officer can ask to search you, a place, a vehicle, or something that belongs to you. The search can happen for a few reasons.

You might be asked to agree to a search to stop a crime from happening. The search can also happen to keep people or things safe, or to prevent someone from getting hurt. It can also happen to find out if a crime has been committed.

The officer can also ask to search if they could have searched anyway, because of a specific law. This would happen if the officer had a good reason to believe something, as stated in the law. You can agree to the search if you want to, but the officer must have a valid reason for asking.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136776.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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91: Application of rules about consent searches, or

"Rules for when police search with your permission"

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93: Advice that must be given before consent search undertaken, or

"What you must be told before someone searches you or your things with your permission"

Part 4General provisions in relation to search, surveillance, and inspection powers
Consent searches

92Purposes for which consent search may be undertaken

  1. An enforcement officer may ask a person to consent to undergo a search or to consent to a search being made of a place, vehicle, or other thing apparently in the control of the person, if the enforcement officer wishes to conduct the search for 1 or more of the following purposes:

  2. to prevent the commission of an offence:
    1. to protect life or property, or to prevent injury or harm:
      1. to investigate whether an offence has been committed:
        1. any purpose in respect of which the enforcement officer could exercise a power of search conferred by an enactment, if he or she held a particular belief or suspicion specified in the enactment.