Search and Surveillance Act 2012

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

94: Circumstances where search by consent unlawful

You could also call this:

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

If you agree to a search, it is unlawful if it is not for a reason listed in section 92. You should know that the person doing the search must follow certain rules, which are outlined in section 93(a), (b), or (c), or the search is not allowed. If someone gives permission for a search but they are not allowed to give that permission, the search is also unlawful.

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 It might be out of date or be missing some parts.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=DLM2136778.


Previous

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"


Next

95: Ability of persons under 14 years to consent to searches of places, vehicles, or other things, or

"Kids under 14 can't agree to searches, except when driving alone."

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

94Circumstances where search by consent unlawful

  1. A search by consent is unlawful if—

  2. it is not for a purpose set out in section 92; or
    1. the enforcement officer fails to comply with section 93(a), (b), or (c); or
      1. the search is undertaken in reliance on a consent given by a person who does not have authority to give that consent.