New Zealand Legislation: Acts

169 Powers of arrest, search, and seizure in relation to bylaw prohibiting liquor in public place

• (1) In this section and in section 170,—

  bylaw means a bylaw made under section 147(2)

  liquor has the meaning given to it in the Sale of Liquor Act 1989

  offence means an offence under section 239 that is a breach of a bylaw prohibiting—

  • (a) the consumption or possession or both of liquor in, or the bringing of liquor into, a public place; or

  • (b) in conjunction with a prohibition relating to liquor, the presence or use of a vehicle in a public place

  public place means a public place as defined in section 147(1) in respect of which there is a bylaw prohibiting—

  • (a) the consumption or possession or both of liquor in, or the bringing of liquor into, that place; or

  • (b) in conjunction with a prohibition relating to liquor, the presence or use of a vehicle in that place.

  (2) A constable may, without warrant,—

  • (a) for the purpose of ascertaining whether liquor is present, search—

    • (i) a container (for example, a parcel, package, bag, or case) in the possession of a person who is in, or entering, a public place:

    • (ii) a vehicle that is in, or is entering, a public place:

  • (b) seize and remove liquor and its container if the liquor is in a public place in breach of a bylaw:

  • (c) arrest a person whom the constable finds committing an offence:

  • (d) arrest a person who has refused to comply with a request by a constable—

    • (i) to leave the public place; or

    • (ii) to surrender to a constable the liquor that, in breach of a bylaw, is in that person's possession.

  (3) Liquor or a container seized under subsection (2)(b) is forfeited to the Crown if the person from whom the liquor or container is seized is convicted of breaching the bylaw.

  Section 169(1) bylaw: inserted, on 28 June 2006, by section 20 of the Local Government Act 2002 Amendment Act 2006 (2006 No 26).

  Section 169(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

  Section 169(2)(c): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

  Section 169(2)(d): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

  Section 169(2)(d)(ii): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).