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

67: Taking and inspecting items appearing to be prohibited

You could also call this:

"Checking items that might not be allowed"

Illustration for Public Safety (Public Protection Orders) Act 2014

If you are having a search done under section 63 or 64, the residence manager might think an item is not allowed. They can take the item, even if they have to use force. The manager can keep the item to check if it is really not allowed. They will look at the item to decide what to do with it.

If the manager does not think the item is not allowed, or if you have permission to have it, they must give it back to you. This permission might come from rules made under section 119. The manager has to follow these rules when deciding what to do with the item.

If the manager thinks the item is not allowed and you do not have permission to have it, they must deal with it according to section 23(3). This means they will follow the rules set out in that section to decide what to do with the item. The manager has to make sure they are following the rules when they take and check items.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6050224.


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"Police can use dogs to help search you, but the dogs must be controlled and you must be treated with respect."


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68: Resident may be required to submit to drug or alcohol test, or

"The manager can ask you to take a test to see if you've used drugs or alcohol."

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

67Taking and inspecting items appearing to be prohibited

  1. If, in the course of a search under section 63 or 64, the residence manager suspects on reasonable grounds that an item is a prohibited item, the manager may take possession of the item, by force if necessary.

  2. The manager may retain any item taken under subsection (1) for the purpose of inspecting the item.

  3. If the residence manager is not satisfied that an item taken under subsection (1) is a prohibited item, or considers that the resident concerned is permitted to possess the item in terms of a permission given under rules made under section 119, the residence manager must return the item to the person entitled to it.

  4. If the residence manager is satisfied that the item is a prohibited item (other than an item that the resident concerned is permitted to possess in terms of a permission given under rules made under section 119), the residence manager must deal with the item in accordance with section 23(3).