Need To Know SECTIONS

Question 1

47

Answer 1

Some activities that do not require warrant under this subpart
(1) No warrant under this subpart is required by an enforcement officer for any 1 or more of the following activities,
(a) the enforcement officer,
(i) Being lawfully in private premises, and,
(ii) recording what they observe or hear there (provided that the enforcement officer records only those matters that they could see or hear w/o the use of a surveillance device)
(b) Covert audio recording of a voluntary oral communication between 2 or more persons being made with consent of at least 1 of them,
(c) Activities carried out under an authorisation issued under Part4 of the intelligence and security Act 2017,
(d) Activities carried out by the enforcement officers use of a surveillance device, if that use is authorized under any enactment other than this Act.
(2) Subsection (1)(b) does not prevent an enforcement officer from applying for a warrant authoring covert audio recording in the circumstances set out in that subsection.

Question 2

46

Answer 2

Activities for which surveillance device warrant required
(1) Except for s47 and s48, an enforcement officer who wishes to undertake and 1 or more of the following activities must obtain a SDW,
(a) use of an interception device to intercept private communication,
(b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some easy dealt with, and the installation of the device does not involve trespass to land or goods,
(c) Observation of private activity in private premises, and any recording of that observation, by means of visual surveillance device,
(d) Use of a surveillance device that involves trespass to land or goods,
(e) Observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purpose of a single investigation, or a connected series of investigations, exceeds ,
(i) 3hrs in any 24hr period, or
(ii) 8hrs in total.
(2) This section is subject to s45.

Question 3

48

Answer 3

Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency
(1) An officer in any 1 or more of the following situations set out in (2) may use a surveillance device for a period not exceeding 48hrs from the time the surveillance device is first used w/o obtaining a SDW, if,
(a) they are entitled to apply for a SDW in relation to those situations, but,
(b) obtaining a SDW within the time in which it is proposed to undertake the surveillance is impracticable in the circumstances.
(2) The situations are as follows:
(a) The enforcement officer has,
(i) RGTS that an offence punishable by 14+ or an offence against Terrorism Supression Act, has been, is being or is about to be committed, and
(ii) RGTB that the use of the surveillance device would obtain EM in relation to the offence.
(b) The enforcement officer has reasonable grounds,
(i) RGTS that any 1 or more of the circumstances in 14(2) exist, and,
(ii) RGTB that the use of the surveillance device is necessary to prevent the offending from being committed or continuing, or to avert the emergency.
(c) the enforcement officer has reasonable grounds,
(i) RGTS that any 1 or more of the circumstances in 18(2) exist, and ,
(ii) RGTB that the use of the surveillance device is necessary to facilitate the seizure of the arms.
(d) The enforcement officer has reasonable grounds,
(i) RGTS that a category 3 or 4 offence in relation to arms or an offence against the Arms Act 1983 has, is, or about to be committed, and,
(ii) RGTB that use of surveillance device would obtain EM in relation to the offence.
(e) the enforcement officer has reasonable grounds,
(i) RGTS that an offence has, is or will be committed against MODA 75, or Precursor substance, and
(ii) RGTB that the use of the device would obtain EM in relation to the offence.
(3) An enforcement officer using, or intending to use a surveillance device in accordance with (1) may do any or all of the following, using reasonable force in order to install, maintain or remove the surveillance device, or to use and access electricity to power the device,
(a) Enter any premises, area, or vehicle
(b) Break open or interfere with any vehicle or thing,
(c) temporary remove any vehicle or other thing from any place it is found and return it.
(4) subject to s45

Question 4

7

Answer 4

Entry w/o warrant to arrest person U/L at large
A constable may enter a place or vehicle w/o warrant to search for and K9 person if Constable has Reasonable Grounds
(a) RGTS person is at large, and,
(b) RGTB person is in house.

Question 5

10

Answer 5

Powers and duties of Constable after vehicle stopped
(1) A Constable exercising the stopping power under section 9 may do any 1 or more of the following:
(a) require anyone in the vehicle (who the Constable has RGTS is UL at large or has committed and imprisonable offence) to supply all or any of their name, address, contact details, and DOB,
(b) search the vehicle to locate the person referred to in s9, if RGTB person is in there,
(c) search the vehicle to locate property that is EM in relation to any offence in respect of which the vehicle was stopped under s9, if the person referred to in s9,
(i) has been arrested, or,
(ii) is seen fleeing from the vehicle before K9
(2) before conducting a search for EM, must tell the driver the object of the proposed search, if driver isn’t person wanted person.

Question 6

20

Answer 6

Warrantless search of places and vehicles in relation to MODA 1975 offences
A Constable may enter and search a place, vehicle or thing w/o warrant if they have
(a) RGTB it’s not practicable to obtain a warrant, and in that place etc is,
A Controlled drug, or precursor substance
(b) RGTS that in the place vehicle or thing an offence against MODA has, is or will be committed in respect of that controlled drug, and
(c) RGTB that if the entry and search is not carried out immediately, EM relating to the suspected offence will be CADD

Question 7

83

Answer 7

Entry w/o warrant after K9
(1) This section applies if a person,
(a) K9s a person for an offence, and
(b) has RGTB that EM relating to that offence is at a place and that the EM will be CADD if entry to that place is delayed to obtain a SW.
(2) The person may enter the place w/o warrant to search for the EM relating to that offence. (Whether or not the person was arrested there)

Question 8

8

Answer 8

Entry w/o warrant to avoid loss of offender or EM
(1) In the circumstances set out in (2), a Constable may,
(a) Enter a place or vehicle w/o warrant, and,
(b) search for and K9 offender that is suspected of committed offence.
(2) The circumstances are Constable has Resonabke grounds,
(a) RGTS a person has committed imprisonable offence that can be arrested for, and,
(b) RGTB the person is in there, and,
(c) RGTB that if entry is not effected immediately, either or both of following may occur,
(i) offender will leave to avoid K9,
(ii) EM relating to offence will be CADD.

Question 9

112

Answer 9

Items of uncertain status may be seized
If a person is executing a search power is uncertain whether any item found may be lawfully seized, and not reasonable to determine while there, may remove the item for the purpose of examination or analysis to determine whether it may be lawfully seized.

Question 10

22

Answer 10

Warrantless power to search for controlled drugs and precursor substance if offence suspected against MODA
(1) A Constable may, in the circumstances set out in subsection (2) search a person w/o warrant,
(2) Constable has Reasonable grounds
(a) RGTB that the person is in possession of,
A Controlled drug or precursor substance, and,
(b) RGTS that an offence against MODA has, is or will be committed in respect of that controlled drug or precursor substance.
(3) This section does NOT limit 20 or 21, or authorise a Constable to enter or search a place or vehicle except in accordance with those sections.

Question 11

9

Answer 11

Stopping a vehicle to find person U/L at large, or committed imprisonable offence
A Constable may stop a vehicle w/o warrant to K9 a person if the Constable has reasonable grounds
(a) to suspect RGTS that the person is
(i) U/L at large, or
(ii) has committed an offence punishable by imprisonment, and,
(b) RGTB the person is in or on the vehicle.

Question 12

17

Answer 12

Warrantless entry and search of vehicle for evidential material relating to certain offences
A Constable may w/o warrant enter and search a vehicle in a public place, if RGTB EM relating to offence 14yrs+ is in that vehicle.

Question 13

121

Answer 13

Stopping vehicles with or without warrant for purpose of search
(1) An enforcement officer may stop a vehicle without a warrant, if they are satisfied that they have grounds to search the vehicle.
(2) An enforcement officer may stop a vehicle with a warrant, if they are satisfied that a warrant has been issued and is in force.
(3) A person who exercises this power, must,
(a) ID themselves either by name or QID, and
(b) state the name of the enactment under which the search is taking place and the reason, unless impracticable to do so, and
(c) If not in uniform, produce evidence of ID.

Question 14

45

Answer 14

Restrictions on some trespass surveillance and use of interception device
(1) Nothing in this subpart authorises any enforcement officer to undertake trespass surveillance (except tracking device) except in order to obtain EM in relation to an offence
(a) that is punishable by 7yrs+
(b) some arms act offences
(c) some psychoactive substances Act offences
(d) Discharging a firearm to intimate

(2) Nothing in this subpart authorises any enforcement officer to use an interception device except in order to obtain EM in relation to an offence
(a) that is punishable by 7yrs+
(b) some arms act offences
(c) some psychoactive substances Act offences
(d) Discharging a firearm to intimate

Question 15

127

Answer 15

Search warrants to enter and search vehicles
If a SW is issued authorizing entry and search of a vehicle, the person may enter any place where the person has RGTB that the vehicle is, for the purpose of locating it and searching it.
Not required to specify a place, target is the vehicle. Must comply with s131 obligations when entering the place.

Question 16

123

Answer 16

Seizure of items in plain view
(1) An enforcement officer as part of their duties,
(a) Exercises a search power, or,
(b) Is lawfully in any place or in/on a vehicle, or,
(c) Is conducting a lawful search of a person.
(2) May seize any item/s that they, or any person assisting, finds in the course of their search, or as a result of observations, if they have RGTB that the could have seized the item/s under,
(a) Any search warrant that could have been obtained by them, under any enactment, or
(b) Any other search power exercised.

Question 17

18

Answer 17

Warrantless search associated with arms
(1) A Constable who has RGTS that 1 or more circumstances in (2) exists in relation to a person may, w/o warrant, do any of the following:
(a) search the person,
(b) search anything in their possession or under their control, including vehicle,
(c) Enter a place or vehicle to carry out (a) or (b),
(d) seize and detain firearms,
(e) seize and detain any license found
(2) The circumstances that the person is carrying, possessing, or have them under their control, and,
(a) is in breach of the Arms Act 1983, or
(b) by reason of their physical or mental condition,
(i) is incapable of having proper control of the arms, or
(ii) may kill or cause Bodily injury to any person, or
(c) Under the Family Violence Act 2018
(i) A Protection order, or Police Safety Order is in force against them, or
(ii) there are grounds to make an application for one.

Question 18

15

Answer 18

Entry w/o warrant to find and avoid loss of EM relating to certain offences
A Constable may enter and search a place w/o warrant if they have Reasonable grounds,
(a) RGTS that an offence punishable by imprisonment 14 years +, or offence against Terrorism, has been, will be, or is being committed, and,
(b) RGTB
(i) that EM relating to the offence is in that place, and
(ii) that if entry is delayed in order to obtain a warrant, the EM will be CADD.

Question 19

21

Answer 19

Warrantless search of person found in or on places or vehicles
A Constable conducting a search of a place or vehicle under s20, may w/o warrant search any person found in or on that place or vehicle.

Question 20

116

Answer 20

Securing place, vehicle or thing to be searched
You can secure a place, vehicle or thing to be searched.
(In a manner and for a duration that is reasonable for the purposes of carrying out the search)
If your search is impeded by any person or if you have RGTB that any person would obstruct or hinder your ability to search, you can exclude that person from the place, vehicle or thing being searched, or any area in or on the place or vehicle, or give any reasonable direction to that person.

Question 21

28

Answer 21

Stopping and searching vehicles w/o warrant if offence against 202A suspected
RGTS persons vehicle has offensive weapon in public place, can search vehicle/person.

Question 22

117

Answer 22

Special powers where application for SW pending
(1) If an application for a SW is about to be made, has been made and has not yet been granted, an enforcement officer present at the place or vehicle that is, or is to be subject of the application may, if authorised by (2),
(a) Enter and secure the place, vehicle or thing in respect of which authorisation to enter and search is being sought, and secure any item or items found at that place or in or on a vehicle or other thing, at any time that is reasonable in the circumstances,
(b) Direct any person to assist with the entry and Securing of the place, vehicle or thing, or Securing the items in it (including iwi if place is of significance)
(2) The powers conferred by (1) may be exercised if the enforcement officer has RGTB that EM may be CADD or removed before a decision is taken to grant or refuse the issue of a SW.
(3) The powers conferred by (1) may be exercised until the first of the following occurs:
(a) the expiry of 6hrs from when the power is first exercised,
(b) The warrant is available for execution.
(c) the application for SW is refused.
(4) A person who exercises any power under (1) must, on the request of any person affected by the exercise of the power -
(a) ID themselves either by name, or QID, and
(b) state the name of the enactment, and the reason for the search unless impracticable in the circumstances, and,
(c) If not in Police uniform, produce evidence of ID.
NOT A search power, and cannot detain.

Question 23

16

Answer 23

Searching people in public places w/o warrant for EM relating to certain offences
A Constable may search a person w/o a warrant in a public place if the Constable has RGTB that the person is in possession of EM relating to an offence 14years+ , or Terrorism Act.

Question 24

27

Answer 24

Searching people in public places for weapons
RGTS person in public place has weapon, can search person for weapon.

Question 25

84

Answer 25

**Warrantless entry and search of vehicle after K9** A person whom this subpart applies, who has K9d a person, and who has RGTB that EM relating to that offence for which they were K9d, is in or on a vehicle, may enter and search it w/o a warrant.

Question 26

92

Answer 26

**Purpose for which consent search may be undertaken** An enforcement officer may ask a person to consent to a search being made of a place vehicle or thing, if enforcement officer wishes to conduct the search for the purpose, (a) to prevent the commission of an offence, (b) to protect life or property, or to prevent injury or harm, (c) to investigate whether an offence has been committed,

Question 27

131

Answer 27

**Identification and notice requirements for person exercising search power (other than remote access search)** (1) A person exercising a search power, must, (a) Before initial entry into or onto the place, vehicle or thing to be searched, (i) Announce their intentions to enter and search the place, vehicle, or thing, under a statutory power, and (ii) ID themselves either by name or QID, and (iii) If not in uniform, produce evidence of ID, and (b) Before, or on initial entry into or onto the place, vehicle or thing, provide the occupier with, (i) A copy of the SW (unless under 18D Gangs) or (ii) If issued under 18D, a redacted copy showing particular place. (2) The person exercising the search power is not required to comply with (1) if RGTB that - (a) No person is lawfully present, or (b) Compliance with (1)(a) would - (i) Endanger the safety of any person, or (ii) Prejudice the successful exercise of the entry and search power, or, (iii) Prejudice ongoing investigations. (3) The person exercising the search power may use reasonable force in order to effect entry, if - (a) Subsection (2) applies, OR (b) following a request, the person present refuses entry or does not allow entry with a reasonable time. (4) If the occupier of a place is not present at any time during the search, the person carrying out the search must - (a) On completion of the search, leave a copy of the notice referred to in (5) and a copy of the SW in a prominent position at the place, or (b) If not reasonably practicable, provide a copy not later than 7days. Also, leave them an inventory of items seized. If detaining, give BOR.

Question 28

169

Answer 28

**Reporting of exercising search power** Anyone who exercises a warrantless entry power, a search power or surveillance power must provide a written report.

Question 29

110

Answer 29

**Search Powers** Every search power authorises the person executing it - (a) To enter and search the place, vehicle or thing that the person is authorised to enter and search, and any item or items found within, at any time that is reasonable. (b) To request any person to assist with the entry and search (including iwi if place is of significance to them) (c) To use any force in respect of any property that is reasonable for the purposes of carrying out the search and lawful seizure. (d) To seize anything that is the subject of the search or anything else that may be lawfully seized. (e) To bring and use in or on that place, vehicle or thing, search equipment, to use any equipment found on that place, vehicle or thing, and to extract any electricity from that place, vehicle or thing to operate the equipment that it is reasonable to use in the circumstances, for the purposes of carrying out the entry and search. (f) To bring and use in or on the place, vehicle or thing, a search dog under the control of its usual handler. (g) to copy any document, or part of a document, that may lawfully be seized. (h) To use a reasonable measure to access a computer system, or other data storage device located, if any intangible material that is subject of the search may be in that computer system or other device. (i) If any intangible material accessed under (h) is the subject of the search or may otherwise be lawfully seized, to copy that material. (j) To take photographs, sound and video recordings, and drawings of the place, vehicle or thing, if RGTB the photos, sound or videos may be relevant to the purpose of the entry and search.

Question 30

118

Answer 30

**Powers of detention incidental to powers to search places and vehicles** (1) If any Constable exercising a search power in relation to a place or vehicle, for the purposes of determining whether there is any connection between a person at the place or in a vehicle, and the object of the search, detain any person - (a) who is at the place, or in the vehicle at the commencement of the search, or (b) who arrives at the place or stops at, or enters, or tries to enter the vehicle while the search is being carried out. (2) A person may be detained under (1) for any period that is reasonable, but not for longer than the duration of the search. (3) Detention starts at direction given to them, and ends when told free to leave. (4) Reasonable force may be used for effecting and continuing detention. (115(2) applies - Can only be detained by person with power of arrest)

Question 31

119

Answer 31

**Powers of search by person who has power of arrest** (1) Anyone with power of arrest who is searching a place, vehicle or thing, may search any person found at the place or in the vehicle, or who arrives at the place, or tries to enter vehicle, if they have RGTB that EM that is the object of the search is on that person. (2) Anyone with power of arrest who is searching a place, vehicle or thing, may search any person found at the place or in the vehicle, or who arrives at the place, or tries to enter vehicle, if they, (a) have RGTS that the person is in possession of a dangerous that poses a threat to safety, and, (b) believes that immediate action is needed to address that threat. (3) If any item referred to in (2)(a) is seized, it must be, unless possession constitutes an offence, be returned to the person from who it was taken from, either- (a) once the search has been completed, or (b) when the person conducting the search is satisfied that there is no longer any threat to safety.

Question 32

120

Answer 32

**Powers of search when suspect pursued** (1) If any person intends to conduct a search on a person or vehicle, but they leave before completed, may, (a) Upon apprehending the vehicle or person, search them, and, (b) Enter any place for the purpose of apprehending the person or vehicle. (2) A person may not exercise above power unless, (a) freshly pursuing, and (b) RGTB relevant EM is still on that person or in that vehicle.

Question 33

125

Answer 33

**Special rules about searching persons** (1) If a person exercises a power to search a person, the person exercising the power - (a) Must ID themselves either by name or QID, and (b) Must state the name of the enactment under which the search is taking place and the reason for the search, unless impracticable in the circumstances, and (c) If not in Police uniform, must produce evidence of ID, and, (d) May detain the person to enable the search to be carried out, but only as long as necessary to achieve that purpose, and, (e) May use any force reasonable for the purpose of the search, and, (f) May, in conducting the search, use any equipment or aid to facilitate the search, if used in a way that, (i) involves no or minimal contact, and (ii) is reasonable in the circumstances, and (g) May, if they consider that either or both of the following are in the interests of the person to be searched, request, (i) assistance of a medical practioner or nurse, (ii) assistance of a parent, guardian, or other carer of the person to be searched, and (h) If to be strip searched, may request the assistance of another enforcement officer, who is - (i) Authorised under any other enactment to conduct strip searches, and (ii) of the same sex as the person being searched, and, (I) May search any item that - (i) The person is wearing or carrying, or, (ii) Is in the persons physical possession or immediate control, and (j) May seize anything from the person, if that thing is subject of the search or may otherwise be lawfully seized, and, (k) may copy any document, or part of a document, that may lawfully be seized. (l) may use a reasonable measure to access a computer system, or other data storage device located, if any intangible material that is subject of the search may be in that computer system or other device. (m) If any intangible material accessed under (l) is the subject of the search or may otherwise be lawfully seized, to copy that material. (n) To take photographs, sound and video recordings, and drawings of the place, vehicle or thing, if RGTB the photos, sound or videos may be relevant to the purpose of the entry and search. (2) Subsection (1)(a),(b) and (c) do not apply for search conducted under s11(3) (Person K9d or in custody) (3) A person who carries out a strip search, rub-down, or any other personal search must conduct the search with dignity and sensitivity, and in a manner that provides the person the degree of privacy and dignity that is consistent with achieving the purpose of the search. (4) Consent searches, must provide them with inventory promptly.

Question 34

134

Answer 34

**Compliance with notice obligations can be deffered** When you execute a SW you are obliged to provide a copy of the SW and inventory of any items that are seized to the occupier (s131) If providing these copies would, - Endanger the safety of any person, or - Prejudice on-going investigations You may apply to a Judge to postpone your obligations to provide these copies. Application made under 134, should be presented to the Judge at time of SW application, or before 7days has passed after the SW. Judge can also postpone these obligations for a period not exceeding 12months.

Question 35

74

Answer 35

**Issuing Officer may make Production Order** An Issuing Officer may make a P.O against a person of satisfied, on an application made under s71, that the conditions, specified in s72, for making the order are met.

Question 36

76

Answer 36

**Duration of a Production Order** A Production Order is in force for the period specified in the order, (not exceeding 30days)

Question 37

71

Answer 37

**Enforcement officer may apply for a Production Order** An enforcement officer may apply to an Issuing Officer for a production order against a person if the enforcement officer is satisfied that the conditions in s72 are met.

Question 38

72

Answer 38

**Conditions for making a P.O** May apply if you have reasonable grounds to, RGTS that an offence has been, will be, or is being committed, and RGTB that the documents sought by the proposed order, - constitute EM in respect of the offence, and, - are in the possession or under the control of the person against whom the order is sought, or will come into their possession, or under their control while the order is in force.

Question 39

14

Answer 39

**Warrantless entry to prevent offence, or respond to risk to life or safety** (1) A Constable who has RGTS that 1 or more circumstances in (2) exist in relation to a place or vehicle, may (a) Enter the place or vehicle w/o warrant, and (b) Take action that they have RGTB is necessary to prevent the offending from being committed or continuing, or to prevent the emergency. (2) Circumstances, (a) An offence is being committed, or is about to be, that would likely to cause injury to any person, or serious damage to, or serious loss of any property, (b) there is a risk to the life or safety of any person that requires an emergency response.

Question 40

60

Answer 40

**Report on use of surveillance device in situations of emergency or urgency** When a warrantless surveillance power is exercised the enforcement officer mist provide a notification to a Judge within 1 month after the date of the last day of any period of 48 hours or less over which the surveillance device was used.

Question 41

85

Answer 41

**Rub down search of arrested or detained person** To whom this applies, may carry out a rub-down search of a person when K9d in order to ensue that the person is not carrying anything that may be used, - To harm any person, or - To facilitate the persons escape.

Question 42

88

Answer 42

**Warrantless search of arrested or detained person** To whom this subpart applies, can carry out a search of a person if, They have RGTB that there is anything on or carried by a person who is arrested or detained that, - may be used to harm any person, or - may be used to facilitate the persons escape, or - Is EM relating to the offence in respect of which the arrest or detainment is for.

Question 43

93

Answer 43

**Advice that must be given before consent search is undertaken** Before conducting a search by consent, the enforcement officer must, (a) determine that the search is for a purpose authorised by s92, and, (b) advise the person from whom consent is sought of the reason for the proposed search, (c) advise the person that he or she may either consent or refuse to the search.

Question 44

94

Answer 44

**Circumstances where search by consent is unlawful** If, (a) It is not for a purpose set out in s92, or (b) The enforcement officer fails to comply with s93, or, (c) The search is undertaken in reliance on a consent given by a person who does not have authority to give that consent.

Question 45

95

Answer 45

**Ability of a person under 14yrs to consent to searches of places, vehicles or things** (1) A person under 14yrs is unable to consent to the search of a place vehicle or thing. (2) subsection (1) does not apply if a 14yr old found driving a vehicle with no passenger over 14yrs with authority to consent to the search of the vehicle.

Question 46

96

Answer 46

**Exceptions to consent search rules** Sections 92-95 do not - (a) apply to a search conducted as a condition of entry to any public or private place, or (b) apply to a search conducted in accordance with a power conferred by an enactment, or (c) affect the rule of law relating to the implied license to enter property.

Question 47

122

Answer 47

**Moving vehicles for purpose of search or safe keeping** Enforcement officer may move a vehicle to another place if has lawful authority to search the vehicle and impracticable to search there, or deemed necessary for safe keeping.

Question 48

19

Answer 48

**Search person in relation to MODA75 offence SW** A Constable may search a person found in a place being searched under SW if offence specified in warrant and issued under MODA 1975.