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Search & Surveillance Act 2012

NZ Police Rights

The law gives police specific powers, but it also gives you protections. Select where you are to see the rules.

Where are you?

⚖️ Your NZBoRA Rights

  • • Right to know the reason for a search or detention (NZBoRA s23).
  • • Right to see the officer's ID, name, and station.
  • • Right to silence (NZBoRA s23(4)).
  • • Right to consult a lawyer immediately and without delay.
  • • Right to be secure against unreasonable search (NZBoRA s21).
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Select a Scenario

Choose your location on the left to see specific police powers and your rights.

Warrantless Searches & NZBoRA

In New Zealand, your primary protection against police overreach is the **New Zealand Bill of Rights Act 1990 (NZBoRA)**. Section 21 states that everyone has the right to be secure against unreasonable search or seizure.

Section 21: Search

Protects your body, your car, and your home. A search is "unreasonable" if it lacks a legal basis or is carried out in an intrusive manner.

Section 23: Arrest

If detained, you have the right to be told the reason immediately and the right to consult a lawyer without delay.

Reasonable Grounds (Section 21 SSA)

Police cannot just search you for no reason. They must have "reasonable grounds to believe" that you are in possession of drugs, weapons, or evidence of a serious crime. "Suspicion" is not enough; there must be objective facts.

The "Consent" Trap

If police ask "Do you mind if I have a look in your bag?", they are asking for Consent. If you say yes, they don't need "reasonable grounds". You should always clarify: "Are you searching me under a statutory power, or are you asking for my consent?"