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Corrections Act 2004

Corrections system - Coercive powers - Searching of prisoners and other persons

94: Restrictions on searches

You could also call this:

"Rules to protect you when you're being searched"

When you are being searched, there are rules to follow. You can only be searched by someone of the same sex as you for certain types of searches, like a rub-down search or a strip search. You can also be searched using imaging technology, which can be used instead of a rub-down search under section 98B(2) or a strip search under section 98F.

If you are having a strip search, it must not be done where people of a different sex can see you. The person searching you must be respectful and make sure you have as much privacy as possible.

When a strip search is done, there must be another officer or a constable present. A strip search of a prisoner must not be done where another prisoner can see you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296034.

Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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93: Restrictions on internal examinations, or

"Rules about when prison staff can do internal body searches"

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94A: Prisoner’s preference in relation to searches, or

"Prisoners can choose who searches them, based on the searcher's sex."

Part 2Corrections system
Coercive powers: Searching of prisoners and other persons

94Restrictions on searches

  1. The following searches may be carried out only by a person of the same sex as the person to be searched:

  2. a rub-down search:
    1. a strip search:
      1. an imaging technology search that is used as—
        1. an alternative to a rub-down search under section 98B(2); or
          1. an alternative to a strip search under section 98F.

          2. A strip search must not be carried out in view of any person who is not of the same sex as the person to be searched.

          3. A person who carries out a scanner search, rub-down search, or strip search must conduct the search with decency and sensitivity and in a manner that affords to the person being searched the greatest degree of privacy and dignity consistent with the purpose of the search.

          4. No officer may conduct a strip search unless one of the following persons is also present:

          5. another officer:
            1. a constable.

              1. A strip search of a prisoner must not be carried out in view of another prisoner.

              2. No officer may conduct a rub-down search of any person (other than a prisoner) unless one of the following persons is also present:

              3. another officer:
                1. a constable.

                  Compare
                  • 1954 No 51 s 21G
                  Notes
                  • Section 94(1): replaced, on , by section 22(1) of the Corrections Amendment Act 2019 (2019 No 57).
                  • Section 94(1)(c): replaced, on , by section 25 of the Corrections Amendment Act 2024 (2024 No 41).
                  • Section 94(1A): inserted, on , by section 22(1) of the Corrections Amendment Act 2019 (2019 No 57).
                  • Section 94(2): amended, on , by section 22(2) of the Corrections Amendment Act 2019 (2019 No 57).
                  • Section 94(3)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 94(5)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).