Corrections Act 2004

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

103: Detention pending investigation by Police

You could also call this:

"Being held by an officer while Police investigate, if they think you have a banned drug"

If you are in a prison but you are not a prisoner, an officer can stop you if they think you have a controlled drug, as defined in the Misuse of Drugs Act 1975. The officer can use physical force to stop you, but only if it is necessary. They can stop you because they think you have a controlled drug, which they found out about from a search under sections 99 to 101 or from some other way.

The officer can only stop you until a police officer arrives. The officer must quickly contact the Police to arrange for a police officer to come. If the police officer is not coming before four hours are up, the officer must let you go.

You cannot be stopped for more than four hours. If you are stopped, you are not considered a prisoner.

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This page was last updated on 6 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296044.

Topics:

Crime and justice > Criminal lawCrime and justice > Police and safety

102: Reporting of unauthorised items discovered, certain searches, and placement in dry cells, or

"Telling the boss about forbidden items found in prison"

103AAA: Scanner search authorised to ascertain risk of communicable disease, or

"Prison staff can use a scanner to check your temperature if they think you might be sick."

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

103Detention pending investigation by Police

If an officer has reasonable grounds to believe (whether as a consequence of a search under sections 99 to 101 or otherwise) that a person in a prison (other than a prisoner) is in possession of a controlled drug within the meaning of the Misuse of Drugs Act 1975, the officer may—
detain that person; and
for the purposes of paragraph (a), use any physical force (and no more) that is reasonably necessary in the circumstances.

An officer may detain a person under this section only for the purpose of obtaining the attendance of a constable who is entitled in the circumstances to exercise any statutory search power.
An officer who detains a person under this section must—
promptly contact the Police to arrange the attendance of a constable; and
if advised that a constable will not attend before the expiry of the period in subsection (4), immediately release the person from detention under this section.

A person must not be detained under this section for a period exceeding 4 hours.
A person who is detained under this section is not a prisoner (within the meaning of section (3)(1)).

Notes

Section 103(2): replaced, on 17 December 2016, by section 34 of the Statutes Amendment Act 2016 (2016 No 104).
Section 103(3)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 103(3)(b): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).