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Corrections Act 2004

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

96: Authority to search property

You could also call this:

"People in charge can search you, your things, and your prison cell to keep everyone safe."

Illustration for Corrections Act 2004

If you are in prison, the people in charge can search you and your things. They can search any items you are carrying or have with you. They can also search your outer clothing, head covering, gloves, footwear, and accessories if you remove them for the search. You should know that a scanner search, as defined in section 92A(1)(a), includes searching these items. A rub-down search or strip search also includes searching these items, and the people in charge can use force to open anything they think might be hiding something.

The people in charge can search your cell, any vehicles, and any items in the cell or vehicle. They can use special tools like chemicals or imaging equipment to help with the search. This means they can look at anything that might be hiding something, and they can use the tools they need to do the search.

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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=DLM296036.

Topics:
Crime and justice > Police and safety
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Part 2Corrections system
Coercive powers: Searching of prisoners and other persons

96Authority to search property

  1. Authority conferred by this Act to conduct a scanner search (as defined in section 92A(1)(a)) of any person includes the authority to search—

  2. any item carried by, or in the possession of, that person:
    1. any outer clothing removed for the purposes of the search:
      1. any head covering, gloves, footwear (including socks or stockings), belts, jewellery, or other accessories removed for the purposes of the search.

        1. Authority conferred by this Act to conduct a rub-down search of any person includes the authority to search—

        2. any item carried by, or in the possession of, that person:
          1. any outer clothing removed, raised, lowered, or opened for the purposes of the search:
            1. any head covering, gloves, or footwear (including socks or stockings) removed for the purposes of the search.

              1. Authority conferred by this Act to conduct a strip search of any prisoner includes the authority to search—

              2. any item of clothing removed, raised, lowered, or opened for the purposes of the search:
                1. any item carried by, or in the possession of, that prisoner.

                  1. Authority conferred by this Act to conduct a search of any cell or any place set aside for the exclusive use of a person in a prison includes the authority to search any item in that cell or place.

                  2. Authority conferred by this Act to conduct a search of any vehicle includes the authority to search any item in that vehicle.

                  3. Authority conferred by this Act to search any item includes the authority to use any force that is reasonable in the circumstances for the purpose of breaking open that item.

                  4. Authority to search any cell or other place, vehicle, or item, includes the authority to use an aid or aids such as a chemical substance or imaging equipment or some other mechanical, electrical, or electronic device, or other similar aid.

                  Compare
                  • 1954 No 51 s 21I
                  Notes
                  • Section 96(1): replaced, on , by section 23(1) of the Corrections Amendment Act 2019 (2019 No 57).
                  • Section 96(1): amended, on , by section 27 of the Corrections Amendment Act 2024 (2024 No 41).
                  • Section 96(3): amended, on , by section 23(2) of the Corrections Amendment Act 2019 (2019 No 57).
                  • Section 96(7): inserted, on , by section 9 of the Corrections Amendment Act 2009 (2009 No 3).
                  • Section 96(7): amended, on , by section 23(3) of the Corrections Amendment Act 2019 (2019 No 57).