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Search and Surveillance Act 2012

Amendments, repeals, and miscellaneous provisions - Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes - Amendments to Animal Welfare Act 1999

197: Vehicle, aircraft, ship, or animal may be detained

You could also call this:

"The police can take control of a vehicle, ship, plane, or animal if you're arrested for an animal-related crime."

If you are arrested by a constable for certain animal-related offences, the constable can take control of a vehicle, aircraft, ship, or animal that you are in charge of. The constable can move the vehicle, aircraft, ship, or animal to another place and keep it there for a reasonable amount of time. This is so the constable can search the vehicle, aircraft, ship, or animal under the Search and Surveillance Act 2012 or give humane treatment to any animals that need it. You can find more information about this in section 137 of the relevant Act. The constable must choose a place to keep the vehicle, aircraft, ship, or animal that is suitable for the purpose of the search or the humane treatment of the animal.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136920.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal lawEnvironment and resources > Conservation
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"What happens to animals taken away because of a possible crime"

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Part 5Amendments, repeals, and miscellaneous provisions
Amendments to search and seizure powers in other enactments (and to related provisions) used for law enforcement purposes or for law enforcement and regulatory purposes: Amendments to Animal Welfare Act 1999

197Vehicle, aircraft, ship, or animal may be detained

  1. Section 137 is amended by repealing subsections (1) and (2) and substituting the following subsection:

  2. If a constable arrests a person for an offence against section 22(2), 23(1) or (2), or 40(1) and the person is for the time being in charge of a vehicle, an aircraft, or a ship, or an animal, the constable may—

  3. take possession of the vehicle, aircraft, or ship, or the animal, or both, and may take that vehicle, aircraft, or ship, or take that animal, or both, as the case may be, to another place; and
    1. detain that vehicle, aircraft, or ship, or that animal, or both, at a place chosen by the constable for a period that is reasonably necessary to—
      1. conduct a search of the vehicle, aircraft, or ship, or animal, or both, under another provision in this Act or under any other enactment that authorises such a search; or
        1. provide humane treatment for any animal that is moved.

        2. Section 137(3) is amended by omitting subsections (1) and (2) and substituting subsection (1).