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Parliament Bill

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

176: Power to seize item

You could also call this:

"Security officers can take items from people in Parliament if they pose a threat or are against the law"

Illustration for Parliament Bill

If you are a parliamentary security officer, you can take an item from someone if you find it during a search under section 170. You can do this if the person does not give you the item when you ask for it under section 172(1), or if they do give it to you. The rules for what you can do with the item are different depending on what happens to the person. If you take an item, you can choose to keep the person with you or not let them into the parliamentary area. You must decide what to do with the item based on what happens to the person. If the person is arrested by the police, you must give the item to the police officer. You must give the item to the police if it is against the law to have it. If it is not against the law to have the item, but it could be a threat to the parliamentary area, you must follow the rules in section 174(3) to (6). If none of these things happen, you must give the item back to the person. If you cannot find the person to give the item back, you do not have to return it after trying for a reasonable amount of time. After 10 working days, you can get rid of the item if you still cannot find the person.

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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.

Topics:
Government and voting > Local councilsCrime and justice > Police and safety
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175: Duty of parliamentary security officer relating to request to take detected item into temporary custody, or

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

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177: When power to detain person may be exercised, or

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

176Power to seize item

  1. A parliamentary security officer may seize an item if the officer detects the item during a search under section 170 (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 172(1), and section 172A(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 172(1), and section 172B(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 178(1)(a) and detain the person in accordance with section 178(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 178(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 178(1)(a) and then subsequently released from custody, the officer must apply section 174(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 (4) 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 (3)(d) and may dispose of the item after 10 working days.