New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Where a search warrant is issued under section 198 of the Summary Proceedings Act 1957 in respect of an offence which has been or is suspected to have been committed against this Act or which is believed to be intended to be so committed, any constable executing the warrant or any of his assistants may search any person found in or on the building, aircraft, ship, hovercraft, carriage, vehicle, premises, or place which may be entered and searched under the authority of the warrant.
(2) Where any constable has reasonable ground for believing that there is in or on any building, aircraft, ship, hovercraft, carriage, vehicle, premises, or place any controlled drug specified or described in Schedule 1 or in Part 1 of Schedule 2 or in Part 1 of Schedule 3 or any precursor substance specified or described in Part 3 of Schedule 4 and that an offence against this Act has been or is suspected of having been committed in respect of that drug or precursor substance, he, and any assistants who accompany him, may enter and search the building, aircraft, ship, hovercraft, carriage, vehicle, premises, or place and any person found therein or thereon as if authorised to do so by a search warrant issued under section 198 of the Summary Proceedings Act 1957 and by subsection (1).
(3) Where any constable has reasonable ground for believing that any person is in possession of any controlled drug specified or described in Schedule 1 or in Part 1 of Schedule 2 or in Part 1 of Schedule 3 or any precursor substance specified or described in Part 3 of Schedule 4 and that an offence against this Act has been or is suspected of having been committed in respect of that drug or precursor substance, he may search and detain that person for the purpose of search and may take possession of any controlled drug or precursor substance found. Nothing in this subsection shall limit the provisions of subsections (1) and (2) or authorise any constable to enter and search any building, aircraft, ship, hovercraft, carriage, vehicle, premises, or place otherwise than in accordance with the provisions of those subsections.
(3A) If it is necessary for a constable to stop a vehicle for the purpose of exercising the power conferred by subsection (3) to search a person who is in the vehicle, sections 314B to 314D of the Crimes Act 1961 apply with any necessary modifications as if references in those sections to a statutory search power are references to subsection (3).
(4) Every constable exercising the power of entry and search conferred by subsection (2) or the power conferred by subsection (3) shall identify himself to every person searched, and also to any person in or on the building, aircraft, ship, hovercraft, carriage, vehicle, premises, or place who questions his right to enter and search the same, and shall also tell those persons that the search is being made pursuant to the authority of that subsection. He shall also, if not in uniform and if so required, produce evidence that he is a constable.
(5) Any officer of Customs, or any officer of the Ministry of Health, or any Medical Officer of Health, or any constable, with such assistants as he thinks necessary, may seize and destroy any prohibited plant except where it is being cultivated either in accordance with the conditions of a licence granted under this Act or in accordance with regulations made under this Act, and may also seize and destroy the seed of any prohibited plant except where that seed is in the possession of any person who is either authorised under this Act to cultivate the plant or who is permitted by regulations made under this Act to have the seed in his possession.
(6) Where any constable exercises the power of entry and search conferred by subsection (2) or the power conferred by subsection (3), he shall, within 3 days after the day on which he exercises the power, furnish to the Commissioner of Police a written report on the exercise of the power and the circumstances in which it came to be exercised.
Compare: 1965 No 45 s 12
Section 18(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 18(2): amended, on 22 June 2005, by section 14(1)(a) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).
Section 18(2): amended, on 22 June 2005, by section 14(1)(b) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).
Section 18(3): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 18(3): amended, on 22 June 2005, by section 14(2)(a) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).
Section 18(3): amended, on 22 June 2005, by section 14(2)(b) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).
Section 18(3): amended, on 22 June 2005, by section 14(2)(c) of the Misuse of Drugs Amendment Act 2005 (2005 No 81).
Section 18(3A): inserted, on 1 January 1998, by section 25 of the Crimes Amendment Act (No 2) 1997 (1997 No 93).
Section 18(3A): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 18(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 18(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 18(5): amended, on 1 July 1993, pursuant to section 38(3) of the Health Amendment Act 1993 (1993 No 24).
Section 18(5): amended, on 1 July 1993, by section 32 of the Health Reforms (Transitional Provisions) Act 1993 (1993 No 23).
Section 18(6): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).