Chapter 4 - Search and Surveillance Act 2012

Question 1

What is the definition of ‘Evidential Material’

Answer 1

In relation to an offence or suspected offence, means evidence of the offence or any other item, tangible or intangible, of relevance to the investigation.

Question 2

What is the definition of ‘Reasonable grounds to believe’

Answer 2

Having a sound basis for believing that a situation or circumstance exist.

Question 3

What is the definition of ‘Reasonable grounds to suspect’

Answer 3

Having a sound basis for suspecting that a situation or circumstance exist.

Question 4

What is the definition of ‘Unlawfully at large’

Answer 4

(a) warrant to arrest
(b) escaped person
(c) escaped lawful custody
(d) special patient or restricted patient under mental health act
(e) care recipient or special care recipient under intellectual disability act who has escaped or failed to return
(f) young person under OT act subject to special order who is absconding from custody of chief executive

Question 5

What are the general principles that apply to searches of places, vehicles and other things?

Answer 5

• All searches must be lawful and reasonable
• Search warrant should be considered first
• Use warrantless search power over consent search
• Record reasonable grounds to believe/suspect
• Identify and notice, owner/occupier etc have the right to know who is searching, the authority for searching and the reasons for search
• Force used to gain entry must be reasonable
• Search/seizure must be witnessed by an enforcement officer
• Seized property must be documented

Question 6

Explain s7 Search and Surveillance Act 2012?

Answer 6

RGTS a person is unlawfully at large and RGTB is in the place or vehicle

Enter place/vehicle to search for and arrest person at large.

Question 7

Explain s8 Search and Surveillance Act 2012?

Answer 7

RGTS person has committed an offence punishable by imprisonment for which they can be arrested without warrant, and
RGTB person is in place/vehicle and if entry is not effected immediately:
- The person will leave to avoid arrest, or/and
- Evidential material will be CADD
You may enter place/vehicle search for and arrest the person suspected of committing offence.

Question 8

Explain s14 Search and Surveillance Act 2012?

Answer 8

RGTS offence is being, likely to be, about to be committed in place or vehicle
Likely to cause injury to person or serious loss/damage to property or risk to safety, you may:
- Enter place/vehicle
- Take action RGTB necessary to
- Prevent further offending from being committed or continuing, or avert the emergency

No power of search just entry

Question 9

Explain s15 Search and Surveillance Act 2012?

Answer 9

Serious offences (14yrs +)
RGTS offence punishable by 14yrs imprisonment is being, has been or is about to be committed, and
RGTB evidential material is in place, and
If entry is delayed then CADD
You may Enter and search the place without warrant

Question 10

Explain s16 Search and Surveillance Act 2012?

Answer 10

Serious offences (14yrs +)
RGTB person in public place is in possession of evidential material relating to offence punishable by 14yrs imprisonment,
You may search person without warrant

Question 11

Explain s17 Search and Surveillance Act 2012?

Answer 11

Serious offences (14yrs +)
RGTB evidential material relating to offence punishable by 14yrs imprisonment is in vehicle in public place,
You may enter and search vehicle

Question 12

Explain s18 Search and Surveillance Act 2012?

Answer 12

Arms in places or vehicle
RGTS arms in any place/vehicle
In respect of a cat 3/4 offence or offence against Arms Act 1983 has been, is being or is likely to be committed, and evidential material may relate to offence

Enter place/vehicle
Search it
Seize/detain any arms or licence under the Arms Act 1983

Question 13

Explain s28 Search and Surveillance Act 2012?

Answer 13

Searching vehicles for offensive weapons
RGTS offensive weapon in vehicle,
You may search vehicle.

Question 14

Explain s29 Search and Surveillance Act 2012?

Answer 14

Searching vehicles for stolen property
RGTB any stolen property is in or on vehicle,
You may search the vehicle (public place only)

Question 15

Explain s83 Search and Surveillance Act 2012?

Answer 15

Entry and search of place after arrest
RGTB evidential material relating to offence is at place, and
If entry is delayed then evidential material will be CADD

Enter place to search for evidential material relating to offence

Question 16

Explain s84 Search and Surveillance Act 2012?

Answer 16

Entry and search of vehicle after arrest
RGTB evidential material relating to offence is in vehicle
You may enter and search without warrant

Question 17

What are some key points to note before considering a consent search?

Answer 17

• Consider sw or warrantless search power
• Must be able to justify reason for search
• Must advise reason and that they may refuse at any time
• Person under 14yrs cannot consent search of place, vehicle or other thing (unless found driving with no other passenger with authority)

Question 18

What are the three exceptions to consent search rules?

Answer 18

• Search conducted as a condition of entry to any public/private place
• Search conducted under a power conferred by an enactment
• Entry to property under an implied licence

Question 19

What are the 4 purposes of a consent search?

Answer 19

• To prevent the commission of offence
• To protect life or property, or to prevent injury or harm
• To investigate whether an offence has been committed
• Any purpose which you could exercise a power of search

Question 20

Before conducting a consent search, what must you advise the person?

Answer 20

• Of the reason for the search

- They may consent or refuse to consent to the search

Question 21

What are the restrictions on persons under 14yrs to consent?

Answer 21

Person under 14yrs of age cannot consent to the search of a place, vehicle or other thing except when found driving with no passengers with authority to consent.

Does not prevent a person under 14yrs from consenting to a search of themselves or anything in immediate possession/control

Question 22

What are the powers incidental to search?

Answer 22

• Enter/search
• Request assistance
• Use reasonable force (property)
• Seize anything subject to search
• Bring/use equipment including electricity
• Bring/use Police dog
• Copy documents that may be lawfully seized
• Access computer/storage data device
• Copy intangible material
• Take photographs/sound and video recordings, drawings

Question 23

Explain s117 Search and Surveillance Act 2012?

Answer 23

If sw warrant application about to be or is being applied for;
- Enter/secure place, vehicle or other thing, and
- Secure any item found there, and
- Direct any person to assist with entry/securing
RGTB evidential material will be CADD or removed before warrant granted/refused.

Only exercise power until the expiry of 6hrs, or the warrant has been refused or granted.

Question 24

Explain s118 Search and Surveillance Act 2012?

Answer 24

If exercising search power at place/vehicle, you may:

• Detain any person to determine whether there is a connection, if
• Person was there at start of search, or
• Arrived or stops, enters place, vehicle while warrant is being carried out

May use reasonable force (handcuffs)
Detention may be for any reasonable period but no longer than duration of warrant, starts when direct person to remain, ends when you tell them they can go.

Question 25

Explain s119 Search and Surveillance Act 2012?

Answer 25

Powers to search persons at a place or vehicle If searching place/vehicle, and RGTB evidential material is on that person, or RGTS person in possession of dangerous item that poses threat to safety and you BELIEVE immediate action is needed to address threat, you may Search any person found at place/vehicle

Question 26

Explain s120 Search and Surveillance Act 2012?

Answer 26

Powers of search when suspect pursued If intend to search a person/vehicle but person or vehicle leaves before able to start search, you may: - apprehend preeson - enter any place to apprehend person or vehicle If you have been: - in fresh pursuit of person from intended search location and - RGTB evidential material (relevant) is still on person, in vehicle

Question 27

Explain s110 Search and Surveillance Act 2012?

Answer 27

Powers of entry Every search power authorises the person exercising it to enter, search place vehicle or other thing they are authorised to do and any items found in that place, vehicle or other thing at any reasonable time.

Question 28

Explain s127 Search and Surveillance Act 2012?

Answer 28

Search warrants to enter and search vehicles If sw authorises search and entry of vehicle, you may enter any place if RGTB vehicle is to locate and search vehicle.

Question 29

Explain s131 Search and Surveillance Act 2012?

Answer 29

Identification and announcement requirements on entry Before initial entry: - Announce intention to enter and search - Identify yourself by name/unique number - Produce id if not in uniform

Question 30

Explain s133 Search and Surveillance Act 2012?

Answer 30

Provide to owner of thing seized | - Provide a copy of search warrant and list of items taken

Question 31

Explain s116 Search and Surveillance Act 2012?

Answer 31

If carrying out search warrant, you may - Secure place, vehicle or other thing to be searched, and - Exclude any person from the scene or area or give them reasonable direction if you believe they will hinder or obstruct you.

Question 32

Explain s121 Search and Surveillance Act 2012?

Answer 32

You may stop vehicle to conduct search (with or without warrant) If satisfied grounds exist to search vehicle, warrant has been issued.

Question 33

Explain s122 Search and Surveillance Act 2012?

Answer 33

You may move vehicle to another place if you find or stop vehicle, and You have lawful authority to search vehicle but impracticable to do so in that place, or RGTB it is necessary to move it for safe keeping.

Question 34

Explain s9 Search and Surveillance Act 2012?

Answer 34

You may stop vehicle without warrant to arrest person if: RGTS person is unlawfully at large, has committed an imprisonable offence RGTB person is in or on vehicle

Question 35

Explain s10 Search and Surveillance Act 2012?

Answer 35

If you stop vehicle under s9, you may: - Require any person in vehicle who RGTS unlawfully at large, committed imprisonable offence to supply name, address, other contact details and DOB - Search vehicle to locate person if RGTB person is in vehicle - Search vehicle for evidential material if person has been arrested, seen fleeing from vehicle before arrested.

Question 36

Explain s30 Search and Surveillance Act 2012? Road Blocks

Answer 36

If Senior Constable (holding or acting sergeant or above), you may: - Authorise the establishment of a road block if RGTB - In or on vehicle is a person who you have RGTS has committed imprisonable offence or is unlawfully at large, and - RGTS vehicle will travel past place where proposed road block will be established. Must be satisfied as far as is reasonably practicable the safety of all road users will be ensured in the area.

Question 37

Explain s31 Search and Surveillance Act 2012? Road Blocks

Answer 37

Authorisation to establish road block: - valid for initial period not exceeding 24hrs specified by person giving auth, and - may be renewed from time to time by district court judge for a single further period not exceeding 24hrs If you authorise road block must keep a written record of the location, the period(s) for and grounds on which authorisation was granted or renewed.

Question 38

Explain s32 Search and Surveillance Act 2012? Road Blocks

Answer 38

- Establish road block - Stop all vehicles - Require particulars RGTS has committed offence/unlawfully at large (UAL) - Search vehicle to locate person who has committed offence/UAL if RGTB in vehicle Require to remain stopped for as long as reasonably necessary to enable you to exercise powers above. Power of arrest (s128) if fail to stop when required or comply with requirement under s128 to remain stopped.

Question 39

What are the types of personal searches?

Answer 39

- Rub-down search - Strip search - Internal search

Question 40

Explain s125 Search and Surveillance Act 2012?

Answer 40

When exercising a power to search a person, you must: - Identify yourself - State name of act and reasons unless impracticable - Produce evidence of id if not in uniform - Promptly provide copy of inventory of items seized.

Question 41

How do searches comply with the New Zealand Bill of Rights Act 1990?

Answer 41

Searches must be reasonable under s21 NZ Bill of Rights Act 1990. If search complies with s125 SASA12, it is likely to be reasonable under s21 NZBORA90. Overriding requirement of reasonableness such that if the search is carried out in a manner unreasonable in the circumstances, it may breach s21 even if authorised by provisions of SASA12.