Plain language law

New Zealand law explained for everyone

Search and Surveillance Act 2012

Police powers - Warrantless powers in relation to offences against section 78 or 78AA of Crimes Act 1961

25: Warrantless searches if offence against section 78 or 78AA of Crimes Act 1961 suspected

You could also call this:

"Police can search without permission if they think someone has committed a serious crime and it's an emergency."

If you think someone has committed a serious crime against section 78 or section 78AA of the Crimes Act 1961, a police officer can search without a warrant. You need to have a good reason to suspect the crime and think it's an emergency that needs to be dealt with right away. The police officer also needs to believe there's evidence of the crime in a particular place or thing.

The police officer can search a place, vehicle, or thing if they think it will help them find evidence of the crime. This is because the law allows them to take action quickly in urgent situations. The police officer must have a good reason to think the search will help them solve the crime.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4355324.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal lawRights and equality > Privacy
Previous

24: Effect of not permitting internal search under section 23 on bail application, or

"What happens if you don't let a doctor do an internal search when you're asking to be released on bail?"

Next

26: Meaning of disabling substance and offensive weapon in this subpart, or

"What are disabling substances and offensive weapons in the law?"

Part 2Police powers
Warrantless powers in relation to offences against section 78 or 78AA of Crimes Act 1961

25Warrantless searches if offence against section 78 or 78AA of Crimes Act 1961 suspected

  1. A constable may, without a warrant, carry out a search in the circumstances set out in subsection (2).

  2. The circumstances are that there are reasonable grounds—

  3. to suspect that an offence against section 78 or 78AA of the Crimes Act 1961 has been, is being, or will be committed and that the case is one of great urgency and requires immediate action; and
    1. to believe that there is evidence in any place, or in or on any vehicle or other thing, as to the commission of that offence or evidence of a thing that is intended to be used for the purpose of committing that offence.

      Compare
      Notes
      • Section 25 heading: amended, on , by section 329(1) of the Intelligence and Security Act 2017 (2017 No 10).
      • Section 25(2)(a): amended, on , by section 329(2) of the Intelligence and Security Act 2017 (2017 No 10).