Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Carrying out search powers - Search of persons

124: Internal searches generally prohibited

You could also call this:

"The police usually can't search inside your body without your permission or a special law allowing it."

An enforcement officer cannot search inside your body unless another law says they can. They can only look inside your mouth if you agree to it. You have the right to say no to an internal search, except in certain situations allowed by law, such as when a police officer is following rules set out in section 23 for people arrested for drug offences under the Misuse of Drugs Act 1975. A police officer also cannot ask someone else to search inside your body, except as allowed by law, and this rule does not change other laws, such as sections 13A to 13M of the Misuse of Drugs Amendment Act 1978.

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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=DLM4355801.

Topics:

Crime and justice > Police and safetyRights and equality > Privacy

123E: Application to District Court for return or release of cash seized, or

"Getting cash back from the police if they took it from you"

125: Special rules about searching persons, or

"What happens when someone searches you, and what they are allowed to do"

Part 4General provisions in relation to search, surveillance, and inspection powers
Carrying out search powers: Search of persons

124Internal searches generally prohibited

Unless authorised by another enactment, an enforcement officer must not conduct an internal search of any part of the body of any person, except for, with the person's consent, searching the person's mouth.
A constable must not require any other person to conduct an internal search of any part of the body of any person, except as provided in section 23 (which relates to internal searches in some circumstances of people under arrest for offences against the Misuse of Drugs Act 1975).
This section does not limit or affect sections 13A to 13M of the Misuse of Drugs Amendment Act 1978.