Public Safety (Public Protection Orders) Act 2014

Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending - Management of residents - Searches

63: Search of residents and residence

You could also call this:

"People in charge can search you and your things at home to keep you safe"

Illustration for Public Safety (Public Protection Orders) Act 2014

If you live in a residence, the people in charge can search you or your things to make sure you do not have anything you are not allowed to have. They can search you, the things you are carrying, the place where you live, or any items that come into the residence. They want to keep you and others safe from harm. They can use different ways to search, like a rub-down search or an x-ray search.

If the person searching you thinks you have something you are not allowed to have, they can do a strip search, but only if they have a good reason to think that. You might be strip searched when you enter or leave the residence or the prison. The people in charge must follow the rules when they search you or your things.

The residence manager or staff can search you, but a corrections officer cannot search you while you are in the residence. If someone other than the residence manager wants to strip search you, they need to get the manager's approval first. Any search must be done according to the guidelines or instructions that have been given.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4751188.


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62: Visits from, or oral communication with, certain persons may be excluded, or

"Some visitors may not be allowed to see you if you live in a special residence."


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64: Search of persons other than residents, or

"Checking people who are not residents for things they shouldn't have"

Part 1Detention and supervision of persons posing very high risk of imminent serious sexual or violent offending
Management of residents: Searches

63Search of residents and residence

  1. For the purpose of detecting a prohibited item or an item that may endanger the health and safety of a resident or any other person, the residence manager, a staff member of the residence, or a corrections officer may conduct—

  2. a search of any resident:
    1. a search of any item carried by, or in the possession of, any resident:
      1. a search of the residence or any part of the residence:
        1. a search of any item that is in, or is taken or delivered to, the residence.
          1. A search conducted under subsection (1) may take the form of a rub-down search, a scanner search, or an x-ray search, but may only include a strip search of the resident if the person conducting the search has reasonable grounds for believing that the resident has in his or her possession any prohibited item or an item that may endanger the health and safety of a resident or any other person.

          2. Every resident may be strip searched by the residence manager, a staff member of the residence, or a corrections officer when the resident enters or leaves the residence or the prison within which the residence is physically located.

          3. Despite subsections (1) and (2), a corrections officer may not search a resident while the resident is in the residence.

          4. Despite subsection (2), a resident may not be strip searched under that subsection by a person other than the residence manager without the prior approval of that manager.

          5. Any search conducted under this section must comply with any guidelines or instructions issued that are relevant to the conduct of searches.