9Functions under
authorisation
(1)
A police officer may, in accordance with an
authorisation, exercise any or all of the following functions in respect of
the search area and vehicles and persons in the search area:
(a)
establish one or more check
points,
(b)
stop vehicles at a check
point,
(c)
if a vehicle is stopped at a check point or
stopped in the search area, use a dog to carry out general drug detection in
relation to a person in or on, or seeking to enter or leave, the vehicle or in
relation to the vehicle,
(d)
seize and detain any prohibited drug or
prohibited plant in the possession or under the control of a person in
contravention of the Drug Misuse and Trafficking Act
1985 found as a result of general drug detection using a
dog or any search of a person that the police officer is entitled to carry
out,
(e)
seize and detain any thing found in the course of
general drug detection using a dog or any such search that the police officer
suspects on reasonable grounds may provide evidence of the commission of an
indictable offence,
(f)
give reasonable directions to facilitate the
exercise of any powers under this section to any person in the search
area.
(2)
The functions conferred by subsection (1) are
subject to any conditions specified in the
authorisation.
(3)
A police officer must, before exercising a
function under subsection (1) (c), provide the person subject to the exercise
of the function with the following:
(a)
evidence that the police officer is a police
officer (unless the police officer is in uniform),
(b)
the name of the police officer and his or her
place of duty,
(c)
the reason for the exercise of the power and the
nature of the procedures to be carried out.
(d)
(4)
If a police officer exercises a function under
this Act that involves making a request that a person is required to comply
with by law, the police officer must, as soon as is reasonably practicable
after making the request, provide the person the subject of the request
with:
(a)
a warning that the person is required by law to
comply with the request (unless the person has already complied or is in the
process of complying), and
(b)
if the person does not comply with the request
after being given that warning, and the police officer believes that the
failure to comply by the person is an offence, a warning that the failure to
comply with the request is an offence.
s 9: Am 2006 No 128,
Sch 2 [8]–[12].