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Parliament Act 2025

Parliamentary security - Powers and duties of parliamentary security officers - Power to seize item

178: Power to seize item

You could also call this:

"Security officers at Parliament can take items from you if they think it's related to a crime or a threat"

Illustration for Parliament Act 2025

If you are at Parliament, a security officer can take something from you. This can happen if you do not give the item to the officer when they ask for it under section 169 and they think a crime has been or might be committed. The officer can also take the item if you give it to them and they think they should keep it under section 171(1) and section 173(1). If the officer takes something from you, they can keep you there or not let you into Parliament. They can do this right after taking the item. The officer must then deal with the item in a certain way. If you are kept by the officer and then arrested by the police, the officer gives the item to the police. If having the item is against the law, the officer gives it to the police. If having the item is okay but it might be a threat to Parliament, the officer might ask you to leave it with them under section 176(3) to (6). The officer gives the item back to you unless they cannot find you. If the officer cannot find you after trying, they do not have to give the item back and can get rid of it after 10 working days.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS918279.

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"What a parliamentary security officer must do when asking to hold something temporarily"

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Part 7Parliamentary security
Powers and duties of parliamentary security officers: Power to seize item

178Power to seize item

  1. A parliamentary security officer may seize an item if the officer detects the item during a search under section 169 (which relates to the power to ask to search a person or property) and either of the following applies:

  2. the item is not handed over to the officer despite a request under section 171(1), and section 172(3)(a) (which relates to the officer having reasonable grounds to believe a specified offence has been or may be committed) applies:
    1. the item is handed over to the officer in compliance with a request under section 171(1), and section 173(1) (which relates to the power to seize an item if certain circumstances apply) applies.

      1. If the parliamentary security officer seizes an item, the officer may—

      2. exercise the power in section 180(1)(a) and detain the person in accordance with section 180(2) to (4); or
        1. deny a person entry to, or remove a person from, the parliamentary precincts.

          1. A parliamentary security officer may exercise the power in subsection (2)(a) or (b) immediately after seizing the item but no later.

          2. The parliamentary security officer must treat the seized item as follows:

          3. if the person is detained by a parliamentary security officer exercising the power in section 180(1)(a) and is subsequently arrested by a Police officer, the parliamentary security officer must hand the item over to the arresting Police officer:
            1. if possession of the item is unlawful, the officer must hand it over to a Police officer:
              1. if possession of the item is lawful but the item or its possession may constitute a threat to the security of the parliamentary precincts and the person is detained by a parliamentary security officer exercising the power in section 180(1)(a) and then subsequently released from custody, the officer must apply section 176(3) to (6) (which relates to the officer’s power to ask a person to leave an item with the officer):
                1. in any other case, the officer must return the item to the person unless subsection (5) applies.

                  1. If, after making reasonable efforts to do so, the parliamentary security officer is unable to identify or locate the person in order to return the item to them, the officer is not required to comply with subsection (4)(d) and may dispose of the item after 10 working days.

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