Biosecurity Act 1993

Administrative provisions - Administrative powers

108: Power to search people

You could also call this:

"Police can search you if they think you have forbidden goods that might harm the environment."

If a police officer thinks you have goods that are not allowed, they can search you. They can do this if they think you have goods that could harm the environment or if an inspector told them you might have these goods. The police officer must tell you they are going to search you and show you their badge if they are not wearing a uniform.

When a police officer searches you, they can take any goods they find that are not allowed. They must then give these goods to an inspector. The police officer must also write a report about the search and give it to the Commissioner of Police within three days.

A police officer is not allowed to search inside your body. They can only search your clothes and belongings. If a police officer searches you, they must follow the rules to make sure you are treated fairly.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM316081.


Previous

107B: Power to detain for public health or law enforcement purposes, or

"Inspectors can stop and hold you for a short time if they think you're sick or have broken the law."


Next

109: Power of inspection, or

"Inspectors can enter places to check for pests or ensure people follow biosecurity rules"

Part 6Administrative provisions
Administrative powers

108Power to search people

  1. Subject to subsections (2) and (3), a constable who—

  2. suspects on reasonable grounds that a person to whom section 107 applies may be in possession of any uncleared risk goods; or
    1. has been told by an inspector, and believes, that the inspector suspects on reasonable grounds that a person—
      1. is a person to whom section 107 applies; and
        1. may be in possession of any uncleared risk goods; or
        2. suspects on reasonable grounds that any person is in possession of any unauthorised goods; or
          1. has been told by an inspector, and believes, that the inspector suspects on reasonable grounds that any person is in possession of any unauthorised goods,—
            1. may search the person, and take possession of any uncleared risk goods or unauthorised goods found.

            2. No constable shall search a person under the authority of subsection (1) without first—

            3. telling the person that he or she proposes to do so under the authority of that subsection; and
              1. telling the person that he or she is a constable; and
                1. if not in uniform, producing to the person evidence that he or she is a constable.
                  1. Nothing in subsection (1) authorises any constable to conduct an internal search of any part of a person's body.

                  2. A constable who takes possession of any goods under subsection (1) shall give them into the custody of an inspector.

                  3. Within 3 days of searching a person under the authority of subsection (1), a constable shall give the Commissioner of Police a written report on the search, and the circumstances in which it came to be conducted.

                  Notes
                  • Section 108(1): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 108(1): amended, on , by section 15 of the Biosecurity Amendment Act 2003 (2003 No 38).
                  • Section 108(1)(a): amended, on , by section 43 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                  • Section 108(1)(b)(i): amended, on , by section 43 of the Biosecurity Law Reform Act 2012 (2012 No 73).
                  • Section 108(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 108(2)(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 108(2)(c): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 108(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 108(4): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
                  • Section 108(5): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).