Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Carrying out search powers - Powers of search incidental to powers of arrest

119: Powers of search by person who has power of arrest

You could also call this:

"Police can search you if they have a good reason and are allowed to arrest people."

If you are at a place or in a vehicle that is being searched by someone who can arrest people, you can be searched too. This can happen if the person searching has a good reason to think you have something that is related to the search. You can also be searched if the person thinks you have something that could hurt someone and they think they need to act fast to keep everyone safe. If something is taken from you during the search, it will be given back to you when the search is finished or when the person searching thinks it is safe to do so, unless having the item is against the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136815.


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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."


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120: Powers of search when suspect pursued, or

"Searching someone who runs away while you're trying to catch them"

Part 4General provisions in relation to search, surveillance, and inspection powers
Carrying out search powers: Powers of search incidental to powers of arrest

119Powers of search by person who has power of arrest

  1. If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in or on the vehicle, or who arrives at the place or stops at, or enters, or tries to enter or get onto the vehicle, if the person conducting the search has reasonable grounds to believe that evidential material that is the object of the search is on that person.

  2. If any person who may exercise a power of arrest is searching a place or vehicle, he or she may search any person found at the place or in or on the vehicle, or who arrives at the place or stops at, or enters, or tries to enter or get into or onto the vehicle, if the person conducting the search—

  3. has reasonable grounds to suspect that the person is in possession of a dangerous item that poses a threat to safety; and
    1. believes that immediate action is needed to address that threat.
      1. If any item referred to in subsection (2)(a) is seized, it must, unless possession of the item constitutes an offence, be returned to the person from whom it was taken either—

      2. once the search has been completed; or
        1. when the person who conducted the search is satisfied that there is no longer any threat to safety.