New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) Notwithstanding anything in section 37 of the Policing Act 2008 or any other enactment or rule of law to the contrary, no constable shall conduct an internal search of any part of the body of any person nor, except in accordance with subsection (2), shall he cause any other person to conduct such a search:
provided that, with the consent of the person concerned, a constable may search that person’s mouth.
(2) Where any person (in this section referred to as the suspect) is arrested for any offence against section 6 or section 7 or section 11, a constable who is of or above the level of position of inspector or constable who is of or above the level of position of sergeant but below the level of position of inspector who has reasonable ground for believing that the suspect has secreted within his body any property that may be evidence of the offence with which the suspect is charged, or any property the possession of which by the suspect constitutes any other offence against any of the said provisions, may require the suspect to permit a medical practitioner, nominated for the purpose by the constable, to conduct an internal examination of any part of the suspect’s body by means of an X-ray machine or other similar device, or by means of a manual or visual examination (whether or not facilitated by any instrument or device) through any body orifice.
(3) Notwithstanding anything in subsection (2) or the terms of any requirement made under that section, no medical practitioner shall conduct any such internal examination if he considers that to do so may be prejudicial to the suspect’s health, or if he is satisfied that the suspect is not prepared to permit an internal examination to be conducted.
(4) Notwithstanding anything in the Summary Proceedings Act 1957 or this Act, where the suspect fails to permit an internal examination to be conducted under this section and subsequently applies for bail, the court may (without limiting its discretion to refuse bail) decline to consider the application until the expiry of 2 days after the day on which the requirement to do so was made or until the suspect sooner permits such an examination to be conducted, if the court is satisfied that the requirement was properly made on reasonable grounds; and, in any such case, the court may order that the suspect shall continue to be detained in Police custody until the expiry of that period or until the suspect sooner complies, as the case may be.
(5) Nothing in this section shall limit or affect the provisions of sections 13A to 13M of the Misuse of Drugs Amendment Act 1978.
Section 18A: inserted, on 12 December 1979, by section 2 of the Misuse of Drugs Amendment Act (No 2) 1979 (1979 No 132).
Section 18A(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 18A(1): amended, on 1 October 2008, by section 130(1) of the Policing Act 2008 (2008 No 72).
Section 18A(1) proviso: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 18A(2): amended, on 1 October 2008, pursuant to section 116(b) of the Policing Act 2008 (2008 No 72).
Section 18A(2): amended, on 1 October 2008, pursuant to section 116(c) of the Policing Act 2008 (2008 No 72).
Section 18A(2): amended, on 13 January 1983, by section 4 of the Misuse of Drugs Amendment Act 1982 (1982 No 151).
Section 18A(5): added, on 1 October 1985, by section 3 of the Misuse of Drugs Amendment Act 1985 (1985 No 130).
