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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Carrying out search powers - Duty to provide information

129: Duty to provide information

You could also call this:

"When stopped by an officer, they must tell you who they are and why they stopped you."

When an enforcement officer stops a vehicle, they must do a few things right away. They have to tell the driver who they are, either by name or a special identifier. They also have to say what law they are using to stop the vehicle and why they are stopping it, unless it's not possible to do so at the time.

If the officer is not wearing a Police uniform, they must show the driver proof of who they are if the driver asks for it. This is so you know who the officer is and why they have stopped your vehicle.

The officer must follow these steps when stopping a vehicle, as part of their duty to provide information to you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136830.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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128: Duty to remain stopped, or

"Police can stop a vehicle and keep it stopped for a reasonable time to do their checks"

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"Helping police access computers and data when you know the system"

Part 4General provisions in relation to search, surveillance, and inspection powers
Carrying out search powers: Duty to provide information

129Duty to provide information

  1. If an enforcement officer exercises a power to stop a vehicle, he or she must, immediately after stopping the vehicle,—

  2. identify himself or herself to the driver of the vehicle, either by name or 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 if the driver requests proof of identity.