Search and Surveillance Act 2012

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

96: Exceptions to consent search rules

You could also call this:

"When can police search you without following the usual consent rules?"

When you are looking at the rules for searching someone or something with their consent, there are some exceptions. The rules in sections 92 to 95 do not apply in certain situations. You should know these exceptions include when a search is a condition of entering a public or private place.

The rules also do not apply when a search is done because of a power given by another law. Another exception is that these rules do not change the usual laws about being allowed to enter someone's property. These exceptions are important to understand when thinking about searches and consent.

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 It might be out of date or be missing some parts.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=DLM2136780.


Previous

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."


Next

97: Interpretation, or

"What special words mean in this law"

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

96Exceptions to consent search rules

  1. Sections 92 to 95 do not—

  2. apply to a search conducted as a condition of entry to any public or private place; or
    1. apply to a search conducted in accordance with a power conferred by an enactment; or
      1. affect the rule of law relating to the implied licence to enter property.