Searches

Question 1

What is considered as a lawful search?

Answer 1

A search that is conducted

With a search warrant

Under a warrantless search power

With the persons consent

Question 2

What is considered a reasonable search?

Answer 2

A search that complies with section 21 of the NZBORA and considers such factors as

The nature of the search

How intrusive the search is

Where and when the search takes place

Question 3

What are the special rules for searching people?

Answer 3

Any search must be conducted with:

decency and sensitivity

In a manner that affords to the person being searched the degree of privacy and dignity

That is consistent with achieving the purpose of the search

Question 4

Section 125

Answer 4

125 (1)(i)
Search any item that person is carrying, wearing, has in their physical possession or immediate control.

125 (1)(j)
Seize any item that the person is carrying, wearing, is in their immediate possession if that is the item you are searching for.

Seize any items that may be lawfully seized even if it was not the subject of your search.

Question 5

Concealed

Answer 5

By burying or hiding items in another place or removing items

Question 6

Altered

Answer 6

By changing or removing serial numbers from stolen property in an attempt to disguise it

Question 7

Damaged

Answer 7

By cutting out the firewall of a stolen car to remove an identifying feature

Question 8

Destroyed

Answer 8

By consuming food, Alcohol or drugs. Burning clothing

Question 9

What do you need to do where a premises you’ve searched is rendered insecure?

Answer 9

Liaising with owner/occupier to secure their own property

Offer to wait for a specified period of time until owner/occupier/agent to arrive to secure their property

At owners request and expense engage with a contractor to make premises secure

Effect a temporary repair such as boarding up a window