Search and Surveillance Act 2012

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

93: Advice that must be given before consent search undertaken

You could also call this:

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

Before someone searches you or your things with your permission, they must do a few things. They must make sure the search is allowed under section 92. They must tell you why they want to search you or your things. They must also tell you that you can choose to let them search or say no to the search.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136777.


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92: Purposes for which consent search may be undertaken, or

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


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94: Circumstances where search by consent unlawful, or

"When you can't agree to a search, even if you want to"

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

93Advice that must be given before consent search undertaken

  1. Before conducting a search by consent, the enforcement officer who proposes to conduct it must—

  2. determine that the search is for a purpose authorised by section 92; and
    1. advise the person from whom consent is sought of the reason for the proposed search; and
      1. advise the person that he or she may either consent to the search or refuse to consent to the search.