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"

Illustration for Search and Surveillance Act 2012

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. You can also exclude people from the area if you think they will get in the way. If you use these powers, you must identify yourself if someone asks. You must say your name or a unique identifier and the reason for the search. You must also show proof of who you are if you are not in a Police uniform. You must follow these rules when searching a place or thing under the Search and Surveillance Act 2012. You can find more information about this Act, but for now, just know you have to be reasonable and identify yourself. You have to be honest and follow the rules when searching something or someone.

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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.


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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

"Special powers for officers when waiting for a search warrant"

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.