Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Carrying out search powers - Stopping vehicles with or without warrant for purposes of search

121: Stopping vehicles with or without warrant for purposes of search

You could also call this:

"Police can stop and search your vehicle with or without a special paper called a warrant"

If you are in a vehicle, an enforcement officer can stop you to search the vehicle. The officer can do this if they have a good reason to think the vehicle needs to be searched, and they have the power to search without a warrant under this Act or another enactment listed in Schedule 2. The officer can also stop you if they have a warrant to search the vehicle.

The officer can stop you to search the vehicle if they have a warrant issued under this Act or another enactment listed in Schedule 2, and they know the warrant is valid. When the officer stops you, they must tell you who they are and why they are searching the vehicle if you ask them. They must also say which law they are using to search the vehicle.

If you ask, the officer must identify themselves by name or a unique identifier, and state the name of the enactment under which the search is taking place. They must also give you a reason for the search, unless it's not practical to do so in the situation. If the officer is not in a Police uniform, they must show you proof of who they are.

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This page was last updated on 4 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136818.

Topics:

Crime and justice > Police and safetyRights and equality > Privacy

120: Powers of search when suspect pursued, or

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

122: Moving vehicles for purpose of search or safekeeping, or

"Police can move your vehicle to search it or keep it safe if they have a good reason."

Part 4General provisions in relation to search, surveillance, and inspection powers
Carrying out search powers: Stopping vehicles with or without warrant for purposes of search

121Stopping vehicles with or without warrant for purposes of search

An enforcement officer may stop a vehicle to conduct a search under a power to search without a warrant conferred on that officer by this Act or any enactment specified in column 2 of Schedule 2 to which this section applies if he or she is satisfied that he or she has grounds to search the vehicle.
An enforcement officer may stop a vehicle to conduct a search under a power to search with a warrant issued under this Act or any enactment specified in column 2 of Schedule 2 to which this section applies if he or she is satisfied that the warrant has been issued and is in force.
A person who exercises a power under this section must, on the request of any person affected by the exercise of the power,—
identify himself or herself either by name or by unique identifier; and
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
if not in Police uniform, produce evidence of his or her identity.

Notes

Section 121(1): amended, on 31 July 2025, by section 27(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).
Section 121(2): amended, on 31 July 2025, by section 27(1) of the Budapest Convention and Related Matters Legislation Amendment Act 2025 (2025 No 39).