If you arrest someone for a crime, and you think there is evidence at a place that will be hidden or destroyed if you wait to get a warrant, you can enter that place without a warrant. You can do this to search for the evidence related to the crime. You are allowed to enter the place even if the person was not arrested there.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4355327.

Topics:

Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy

82: Application of this subpart, or

"When the law lets you arrest or detain someone, these rules apply to you, except for defence force workers."

84: Warrantless entry and search of vehicle after arrest, or

"Police can search a car without permission after arresting someone if they think it has important evidence."

Part 3Enforcement officers' powers and orders
Warrantless powers of entry and search incidental to arrest or detention

83Entry without warrant after arrest

This section applies if a person—
arrests a person for an offence; and
has reasonable grounds to believe that evidential material relating to the offence is at a place and that the evidential material will be destroyed, concealed, altered, or damaged if entry to that place is delayed to obtain a warrant.

The person may enter the place without a warrant to search for the evidential material relating to the offence (whether or not the person was arrested there).