Section 317AA — Crimes Act 1961: Powers incidental to stopping vehicles under section 317A
Text of the provision Official document
317AA Powers incidental to stopping vehicles under section 317A (1) Subject to section 317A(3) , where any vehicle is stopped pursuant to section 317A , any member of the Police may do all or any of the following: (a) Require any person in or on any such vehicle to state his or her name, address, and date of birth, or such of those particulars as the member of the Police may specify: (b) Search the vehicle for the purpose of— (i) Locating a person referred to in section 317A(1)(a) ; or (ii) Locating property that is evidence of the commission of the offence in respect of which the vehicle is stopped pursuant to section 317A(1)(a)(ii) ,—
if the member or any other member of the Police believes on reasonable grounds that such a person, or such property, is in or on the vehicle: (c) Use reasonable force to enter a vehicle for the purpose of conducting a search pursuant to paragraph (b) : (d) Require that the vehicle remain stopped for as long as is reasonably necessary to enable a member of the Police to exercise any powers conferred by this subsection, regardless of whether such powers are exercised in respect of— (i) The vehicle; or (ii) The occupants of the vehicle; or (iii) The property in or on the vehicle. (2) Every member of the Police exercising any power conferred by subsection (1)(b) must, before conducting the search, tell the driver the object of the proposed search. Sections 317A and 317B were inserted, as from 1 September 1993, by section 3 Crimes Amendment Act (No 2) 1993 (1993 No 46). Section 317A was substituted, and sections 317AA and 317AB were inserted, as from 1 January 1998, by section 22 Crimes Amendment Act (No 2) 1997 (1997 No 93).
Official source: legislation.govt.nz
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