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Search and Surveillance Act 2012

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

116: Securing place, vehicle, or other thing to be searched

You could also call this:

"Keeping a place or thing safe while it's being searched"

When you are carrying out a search, you may secure the place or thing being searched. You can do this in a way that is reasonable for the search, and for as long as you need to. You can also secure any area or thing found in the place or thing being searched.

If you are searching something, you can exclude people from the area or give them directions. You can do this if you think they might get in the way of your search. You must have a good reason to think they will obstruct or hinder your search.

If you are exercising any power during a search, you must identify yourself if someone asks. You must tell them your name or a unique identifier, and the name of the law you are using to carry out the search. You must also tell them the reason for the search, unless it is not practical to do so in the circumstances, and if you are not in Police uniform, you must show them evidence of your identity.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136809.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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115: Limitation on exercise of powers, or

"There are rules to follow when using special powers given by the law"

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117: Special powers where application for search warrant pending, or

"Police can take special action before getting a search warrant if they think evidence will be hidden or destroyed."

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

116Securing place, vehicle, or other thing to be searched

  1. The person carrying out a search may, in a manner and for a duration that is reasonable for the purposes of carrying out the search,—

  2. secure the place, vehicle, or other thing searched, any area in or on that place, vehicle, or other thing, or any thing found in or on that place, vehicle, or other thing:
    1. exclude any person from the place, vehicle, or other thing searched, or from any area within the place, vehicle, or other thing, or give any other reasonable direction to such a person, if the person carrying out the search has reasonable grounds to believe that the person will obstruct or hinder the exercise of any power under this subsection.

      1. A person who exercises any power under subsection (1) must, on the request of any person affected by the exercise of the power,—

      2. identify himself or herself either by name or by unique identifier; and
        1. state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
          1. if not in Police uniform, produce evidence of his or her identity.