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Search and Surveillance Act 2012

Police powers - Warrantless powers in relation to arms

18AA: Warrantless searches associated with FPOs

You could also call this:

"Police can search you without a warrant if you have a firearms prohibition order"

If you are subject to a firearms prohibition order, a police officer can search you without a warrant. They can do this to check if you are following the conditions of the order. The officer can search you, anything you have with you, or anything you control, like a vehicle. They can also search a place where you are, or a place you live in or control.

The officer can search a vehicle you are in, and other people in the vehicle if they think those people have guns. The officer can go into a place or vehicle to do these searches. They can also take and keep any guns they find.

The officer does not need to think you have done something wrong to search you. A firearms prohibition order is made under Part 7A of the Arms Act 1983, which you can find on the New Zealand legislation website.

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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=LMS1029327.

Topics:
Crime and justice > Criminal lawCrime and justice > Police and safetyRights and equality > Privacy
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18: Warrantless searches associated with arms, or

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Part 2Police powers
Warrantless powers in relation to arms

18AAWarrantless searches associated with FPOs

  1. A constable, who has reasonable grounds to believe that a person is subject to an FPO made before, on, or after the commencement of this section, may, without a warrant, do any or all of the following for the purpose of checking whether the person is complying with the conditions of the FPO:

  2. search the person:
    1. search any thing in the person’s possession or under the person’s control (including a vehicle):
      1. search any premises—
        1. in which the person is present; or
          1. that the person occupies or controls:
          2. search any vehicle in which the person is present and any other persons present in the vehicle who the constable has reasonable grounds to believe are in possession of arms:
            1. enter a place or vehicle to carry out any activity under paragraphs (a) to (d):
              1. seize and detain any arms found.

                1. A constable may exercise the power in subsection (1) without having reasonable grounds to suspect that any offence has been, is being, or will be committed by the person.

                2. In this section, FPO means a firearms prohibition order made, varied, or modified under Part 7A of the Arms Act 1983.

                Notes
                • Section 18AA: inserted, on , by section 14 of the Firearms Prohibition Orders Legislation Amendment Act 2024 (2024 No 34).