Search and Surveillance Act 2012

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

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

You could also call this:

"Police can search you without a warrant if they think you've committed a serious crime and need to act fast"

Illustration for Search and Surveillance Act 2012

A constable can search you without a warrant if they think you have committed a crime against sections 78, 78AAA, 78AAB, or 78AA of the Crimes Act 1961. They must believe it is very urgent and they need to act quickly. They also need to think there is evidence somewhere that shows you committed the crime. A constable can search a place, vehicle, or thing if they believe it has evidence of the crime. They must have reasonable grounds to suspect the crime has been, is being, or will be committed. You can read more about these crimes in the Crimes Act 1961, specifically in sections 78, 78AAA, 78AAB, or 78AA. The constable must have good reasons to think the evidence is there and that it is connected to the crime. They can search for things that will be used to commit the crime too. This is all part of the Search and Surveillance Act 2012.

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

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

25Warrantless searches if offence against section 78, 78AAA, 78AAB, 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, 78AAA, 78AAB, 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 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
      • 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 17 of the Crimes (Countering Foreign Interference) Amendment Act 2025 (2025 No 71).
      • Section 25(2)(a): amended, on , by section 329(2) of the Intelligence and Security Act 2017 (2017 No 10).