Search powers: When the police can search you, your home or your things Searching you personally The police can legally search you if: you agree to being searched, so long as they’re searching for something they legally have the power to search…

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Being questioned by the police Overview Are the police allowed to ask me questions? High Court Practice Note [2007] 3 NZLR 297 If you encounter the police when, for example, you’re just walking down the street, they’re allowed to ask you questions…

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Being arrested or held (detained) by the police: Their powers and your rights When the police can make an arrest When can the police arrest someone? Crimes Act 1961, s 315 Bail Act 2000, s 37 The police can arrest you if:…

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Being arrested or held (detained) by the police: Their powers and your rights Police using force when arresting you Can the police use force to make an arrest? Crimes Act 1961, ss 39, 40 When they’re making an arrest, the police can…

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Being arrested or held (detained) by the police: Their powers and your rights When the police arrest or detain you: Your rights and their duties Cases: [1993] 1 NZLR 528 (CA) Practice Note [2007] 3 NZLR 297 If the police arrest you,…

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Surveillance powers Overview Surveillance involving trespass Search and Surveillance Act 2012, s 45 Psychoactive Substances Act 2013, ss 25, 27, 70; Crimes Act 1961, s 308A Police do not have the power to place surveillance or interception devices on private property (without the…

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Police use of guns Overview Can New Zealand police carry guns? Arms Act 1983, s 3(2)(ii) Yes, they can and they do, in their vehicles. New Zealand police officers are legally entitled to carry firearms, because the restrictions in the Arms Act…

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DNA samples: When you have to give a sample Overview This section explains when the police can require you to give them a sample of your DNA, which is done by getting a small blood sample from your finger or by swabbing…

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DNA samples: When you have to give a sample When you’re under arrest: Police can take a DNA sample without a court order When the police can make you give a DNA sample without a court order Criminal Investigations (Bodily Samples) Act…

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DNA samples: When you have to give a sample When you’re a suspect: Police need a court order If you’re a suspect in a police investigation and the police ask you for a DNA sample, you don’t have to give it to…

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