Plain language law

New Zealand law explained for everyone

Armed Forces Discipline Act 1971

Arrest and search

95: Search in connection with suspected offence

You could also call this:

"Searching You or Your Stuff if You're Suspected of Doing Something Wrong"

Illustration for Armed Forces Discipline Act 1971

If you are in the Armed Forces and a commanding officer thinks you have something that does not belong to you, they can search you. They can also search the place where you live or work, or take something that belongs to you. The commanding officer can get someone else to do the search for them. If a search damages something that belongs to you, the Chief of Defence Force might pay to fix or replace it. This can happen if nothing wrong is found, or if you are not guilty of doing something wrong. The Chief of Defence Force can also pay if the damaged thing belongs to someone else. When we talk about a place being searched, it can include a defence area, ship, vehicle, or aircraft. You can find out what happens to things that are taken during a search by looking at section 99.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM403066.

This page was last updated on — View changes

Topics:
Crime and justice > Police and safetyWork and jobs > Worker rights
Previous

94: Reasonable force may be used to arrest or search, or

"Using force to arrest or search someone must be reasonable and necessary."

Next

96: Searches to prevent smuggling, etc, or

"Armed Forces can search you to stop smuggling and drugs"

Part 4Arrest and search

95Search in connection with suspected offence

  1. If a commanding officer has reasonable grounds to suspect that a person subject to this Act has in his possession any property which has been unlawfully obtained or any article or thing which is or may be evidence relating to the commission of an offence (whether against this Act or otherwise), the commanding officer may—

  2. detain and search that person; or
    1. search any premises within the limits of his command occupied or used by that person; or
      1. take possession of any property or any article or thing previously referred to in this subsection, in which event the property, article, or thing shall, subject to this section, be disposed of in accordance with section 99.

        1. The powers conferred on a commanding officer by subsection (1) may be exercised by him personally or by any person authorised or ordered by him in that behalf.

        2. Where any person is authorised or ordered by or under this section to search any premises, he may, so far as it is necessary to do so (but no further), break into those premises and seize any property or any article or thing referred to in subsection (1), and for that purpose may break open any container found on those premises which he has reasonable grounds to suspect contains any such property, article, or thing.

        3. Where, as the result of a search of premises, a person has suffered economic loss by reason of damage to or destruction or loss of any property belonging to him or in which he has a special property or interest, and—

        4. no evidence of an offence against this Act is found; or
          1. the suspected offender is acquitted or not proceeded against; or
            1. the property belongs to a person other than the suspected offender; or
              1. a person other than the suspected offender has a special property or interest in the property—
                  1. the Chief of Defence Force shall, at his option and without further appropriation than this section, either cause the property to be repaired or replaced, or pay to the person suffering the economic loss such amount as he considers necessary to enable that person to have the property repaired or replaced.

                1. For the purposes of this section, the term premises includes any defence area, ship, vehicle, or aircraft.

                Notes
                • Section 95(4): amended, on , by section 105(1) of the Defence Act 1990 (1990 No 28).