Search and Surveillance Act 2012

Police powers - Warrants to search and seize weapons when there is gang conflict

18A: Interpretation

You could also call this:

"What special words mean in this law"

When you read this part of the law, some words have special meanings. A gang is what is defined in section 4 of the Gangs Act 2024. Gang insignia also has the same meaning as in section 4 of the Gangs Act 2024.

You might see the term gang conflict, which means there is ongoing disagreement between two or more gangs. This disagreement has involved, or is likely to involve, the use of weapons and has presented, or is likely to present, a risk of harm to people or damage to property. A gang member is what is defined in section 4 of the Gangs Act 2024.

When you hear the word weapon, it means any arms or any other item made or modified to cause bodily injury. This helps you understand what these words mean in the context of the law. You can find more information about these terms in the Gangs Act 2024.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS833180.


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18AA: Warrantless searches associated with FPOs, or

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


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18B: Application for warrant to search places and vehicles and seize weapons, or

"Asking a Judge for permission to search for weapons in places and vehicles"

Part 2Police powers
Warrants to search and seize weapons when there is gang conflict

18AInterpretation

  1. In this subpart, unless the context otherwise requires,—

    gang has the same meaning as in section 4 of the Gangs Act 2024

      gang conflict means ongoing dissension between 2 or more gangs, or factions within a gang, that—

      1. has involved, or is likely to involve, the use of weapons; and
        1. has presented, or is likely to present, a risk of harm to persons or damage to property

          gang insignia has the same meaning as in section 4 of the Gangs Act 2024

            gang member has the same meaning as in section 4 of the Gangs Act 2024

              weapon means—

              1. any arms; and
                1. any other item made, or modified, for use to cause bodily injury.

                Notes
                • Section 18A: inserted, on , by section 20 of the Criminal Activity Intervention Legislation Act 2023 (2023 No 7).
                • Section 18A gang: amended, on , by section 39 of the Gangs Act 2024 (2024 No 36).
                • Section 18A gang insignia: amended, on , by section 39 of the Gangs Act 2024 (2024 No 36).
                • Section 18A gang member: replaced, on , by section 39 of the Gangs Act 2024 (2024 No 36).