Search and Surveillance Act 2012

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

117: Special powers where application for search warrant pending

You could also call this:

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

If you are at a place or in a vehicle where the police are about to apply for a search warrant, or have already applied but not yet got an answer, a police officer can take special action. They can enter and secure the place or vehicle if they think evidence might be hidden or destroyed before the warrant is granted or refused. They can also ask you to help them secure the place or vehicle.

The police officer can only do this if they have a good reason to believe that evidence will be destroyed or hidden. They can keep the place or vehicle secure for up to 6 hours, or until they get the search warrant, or until the application for the warrant is refused.

If a police officer exercises these special powers, you can ask them to identify themselves and tell you why they are searching the place. They must tell you their name or a unique identifier, and the law they are using to search, unless it's not practical to do so at the time. If they are not in uniform, they must also show you proof of who they are.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136811.


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

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


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118: Powers of detention incidental to powers to search places and vehicles, or

"Police can stop you from leaving a place or vehicle they are searching, for as long as the search takes."

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

117Special powers where application for search warrant pending

  1. If an application for a search warrant is about to be made or has been made and has not yet been granted or refused by an issuing officer, an enforcement officer present at the place or vehicle that is or is to be the subject of the application may, if authorised by subsection (2),—

  2. enter and secure the place, vehicle, or other thing in respect of which authorisation to enter and search is being sought, and secure any item or items found at that place or in or on that vehicle or other thing, at any time that is reasonable in the circumstances:
    1. direct any person to assist with the entry and securing of the place or vehicle or other thing or the securing of items in it (including, without limitation, a member of a hapū or an iwi if the place to be entered is of cultural or spiritual significance to that hapū or iwi).
      1. The powers conferred by subsection (1) may be exercised if the enforcement officer has reasonable grounds to believe that evidential material may be destroyed, concealed, altered, damaged, or removed before a decision is taken to grant or refuse the issue of a search warrant.

      2. The powers conferred by subsection (1) may be exercised until the first of the following occurs:

      3. the expiry of 6 hours from when the power is first exercised:
        1. the warrant is available for execution at that place or vehicle or in respect of that other thing:
          1. the application for a search warrant is refused.
            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.