Part 7Provisions relating to administration
Further provisions relating to powers of search and entry
137Vehicle, aircraft, ship, or animal may be detained
If a constable arrests a person for an offence against section 22(2), 23(1) or (2), or 40(1) and the person is for the time being in charge of a vehicle, an aircraft, or a ship, or an animal, the constable may—
- take possession of the vehicle, aircraft, or ship, or the animal, or both, and may take that vehicle, aircraft, or ship, or take that animal, or both, as the case may be, to another place; and
- detain that vehicle, aircraft, or ship, or that animal, or both, at a place chosen by the constable for a period that is reasonably necessary to—
- conduct a search of the vehicle, aircraft, or ship, or animal, or both, under another provision in this Act or under any other enactment that authorises such a search; or
- provide humane treatment for any animal that is moved.
- conduct a search of the vehicle, aircraft, or ship, or animal, or both, under another provision in this Act or under any other enactment that authorises such a search; or
-
In the case of a ship that is neither a ship registered under the Ship Registration Act 1992 nor a ship entitled under any provision of that Act (other than section 8(1)(b)) to be registered as a New Zealand ship, the powers that a constable has, under subsection (1), may be exercised only if the ship—
- is in a port, harbour, roadstead, or anchorage in New Zealand; or
- is otherwise within the internal waters of New Zealand as defined by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.
Notes
- Section 137(1): replaced, on , by section 197(1) of the Search and Surveillance Act 2012 (2012 No 24).
- Section 137(2): repealed, on , by section 197(1) of the Search and Surveillance Act 2012 (2012 No 24).
- Section 137(3): amended, on , by section 197(2) of the Search and Surveillance Act 2012 (2012 No 24).
- Section 137(3): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).