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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Carrying out search powers

112: Items of uncertain status may be seized

You could also call this:

"Things you're not sure about can be taken away to be checked later"

When you are searching a place or vehicle, you might find something and not be sure if you are allowed to take it. If you are unsure and can't figure it out right there, you can take the item away to examine or analyse it. This helps you decide if you are allowed to keep the item or if you have to give it back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136805.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal law
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111: Remote access search of thing authorised by warrant, or

"Searching something remotely with a special warrant"

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113: Powers of persons called to assist, or

"What helpers do during a search"

Part 4General provisions in relation to search, surveillance, and inspection powers
Carrying out search powers

112Items of uncertain status may be seized

  1. If a person exercising a search power is uncertain whether any item found may lawfully be seized, and it is not reasonably practicable to determine whether that item can be seized at the place or vehicle where the search takes place, the person exercising the search power may remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized.