Armed Forces Discipline Act 1971

Arrest and search

98: Search of person in service custody, etc

You could also call this:

"Searching You When You're Under Arrest in the Armed Forces"

Illustration for Armed Forces Discipline Act 1971

If you are arrested under the Armed Forces Discipline Act 1971, the person who arrests you can search you. They can take anything they find on you or in your possession. If you are in service custody, certain people like a provost officer can search you and take anything they find on you. When an officer is to be searched, the search must be done by another officer, unless it is not possible to do so, in which case the search can be carried out by someone else, but only if it is ordered by an officer.

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 It might be out of date or be missing some parts.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=DLM403074.

This page was last updated on 1 January 2026 — View changes

Topics:

Crime and justice > Police and safetyCrime and justice > Courts and legal help

97: Customary powers of search not affected, or

"Search powers that commanders have always had are still allowed"

99: Disposal of property taken in search, or

"What happens to property taken from you during a search"

Part 4Arrest and search

98Search of person in service custody, etc

Where any person has been arrested in accordance with this Act, the person making the arrest, or any person acting under his direction, may search the arrested person and take from him any thing found on him or in his possession.
Where any person subject to this Act is in service custody, a provost officer, or any other member of the Armed Forces to whose charge that person has been committed, or any person acting under the direction of any such provost officer or other member of the Armed Forces, may search the person in custody and take from him any thing found on him or in his possession.
Subject to subsection (4), where an officer is to be searched pursuant to this Part, that search may be carried out only by or on the order of another officer.
Where a woman is to be searched pursuant to this Part, that search may be carried out only by another woman; and where a man is to be searched pursuant to this Part, that search may be carried out only by another man.

Notes

Section 98(2): amended, on 1 April 1990, by section 105(1) of the Defence Act 1990 (1990 No 28).