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Parliament Bill

Parliamentary security - Powers and duties of parliamentary security officers - Powers to detain person

178: Power to detain person

You could also call this:

"When can a parliamentary security officer stop and hold someone for a short time?"

Illustration for Parliament Bill

If you are a person who is in a situation where a parliamentary security officer thinks you should be detained, they can keep you for a short time. You can be detained for up to 4 hours if the officer believes certain circumstances apply to you, such as those outlined in section 176(2)(a) or section 177(2) or (4)(b). The officer must then contact the Police and keep you safe until they arrive. The parliamentary security officer will try to keep you in a safe place until the Police get there. They must also decide whether to give you to the Police or let you go, depending on what the Police want to do. If the Police do not want to arrest you, you will be freed. If the parliamentary security officer thinks it is necessary, they can tell you what to do or not to do to keep everyone safe. This is to ensure your safety and the safety of the officer and others. The officer can only give you directions if they have a good reason to believe it is necessary.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS918283.


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Part 7Parliamentary security
Powers and duties of parliamentary security officers: Powers to detain person

178Power to detain person

  1. A parliamentary security officer may detain a person if either of the following circumstances apply:

  2. section 176(2)(a) (which relates to when the power to detain a person in relation to a seized item may be exercised) applies in respect of the person:
    1. section 177(2) or (4)(b) (which relates to when the power to detain a person in other circumstances may be exercised) applies in respect of the person.
      1. The person may be detained for a reasonable period not exceeding 4 hours.

      2. The parliamentary security officer must—

      3. promptly contact the Police to arrange the attendance of a Police officer; and
        1. if it is reasonably practicable to do so, detain the person in a safe place until the Police officer arrives or the parliamentary security officer is satisfied that the person is not going to be arrested; and
          1. if—
            1. a Police officer wants to arrest the person, transfer the person to the Police officer; or
              1. if no Police officer wants to arrest the person, free the person.
              2. A parliamentary security officer may direct a detained person to do or not to do a thing if the parliamentary security officer believes on reasonable grounds that the direction is necessary in the circumstances for the purpose of ensuring the safety of the person or the parliamentary security officer or any other person.