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Corrections Act 2004

Corrections system - Statutory roles and responsibilities - Other persons with other powers and functions in relation to prisoners

23: Restrictions on exercise of certain powers

You could also call this:

"Some laws don't apply to Armed Forces members or non-police officers, limiting their powers."

Illustration for Corrections Act 2004

You need to know that some laws do not apply to members of the Armed Forces or officers who are not also police officers. These laws include some parts of the Search and Surveillance Act 2012, the Arms Act 1983, the Misuse of Drugs Act 1975, and the Misuse of Drugs Amendment Act 1978. When you are a member of the Armed Forces or an officer who is not a police officer, you cannot use the powers given by these laws.

Some of these laws are about stopping vehicles, possessing firearms, and searching people. For example, section 121, section 128, section 129, and section 177 of the Search and Surveillance Act 2012 do not apply to you if you are a member of the Armed Forces or an officer who is not a police officer. You can find more information about these laws on the New Zealand legislation website.

Other laws that do not apply to you include section 18 of the Misuse of Drugs Act 1975, section 13A of the Misuse of Drugs Amendment Act 1978, section 23 of the Search and Surveillance Act 2012, and sections 48 and 49 of the Search and Surveillance Act 2012. These laws are about searching people, seizing things, and using surveillance devices. You can read about these laws on the New Zealand legislation website.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM295421.

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22: Protection of members of Armed Forces, or

"Armed Forces members have special powers when working in prisons, like police officers."

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24: Probation officers, or

"Who can be a probation officer and what they do"

Part 2Corrections system
Statutory roles and responsibilities: Other persons with other powers and functions in relation to prisoners

23Restrictions on exercise of certain powers

  1. Despite sections 21 and 22, sections 121, 128, 129, and 177 of the Search and Surveillance Act 2012 (which relate to a general power to stop vehicles) do not apply to a member of the Armed Forces, or an officer who is not also a constable.

  2. Despite sections 21 and 22, section 3(2)(a)(ii) of the Arms Act 1983 (which authorises the possession of firearms and restricted weapons by members of the Police) does not apply to a member of the Armed Forces, or an officer who is not also a member of the Police.

  3. Despite sections 21 and 22, the following provisions do not apply to a member of the Armed Forces, or an officer who is not also a constable:

  4. section 18 of the Misuse of Drugs Act 1975 (which confers powers of search and seizure):
    1. section 13A of the Misuse of Drugs Amendment Act 1978 (which confers powers in relation to internal concealment):
        1. section 23 of the Search and Surveillance Act 2012 (which confers powers in relation to internal searches):
          1. sections 48 and 49 of the Search and Surveillance Act 2012 (which confer powers in relation to surveillance devices).

            Compare
            • 1954 No 51 s 8B
            Notes
            • Section 23(1): amended, on , by section 324(2) of the Search and Surveillance Act 2012 (2012 No 24).
            • Section 23(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 23(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 23(3): replaced, on , by section 5 of the Corrections Amendment Act 2009 (2009 No 3).
            • Section 23(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
            • Section 23(3)(a): replaced, on , by section 324(3) of the Search and Surveillance Act 2012 (2012 No 24).
            • Section 23(3)(c): repealed, on , by section 110(1) of the Psychoactive Substances Act 2013 (2013 No 53).
            • Section 23(3)(d): replaced, on , by section 324(4) of the Search and Surveillance Act 2012 (2012 No 24).
            • Section 23(3)(e): inserted, on , by section 324(4) of the Search and Surveillance Act 2012 (2012 No 24).