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If I do not agree can they search me by force?
The Education Act bans the use of physical force by school staff. It is a criminal assault if they forcibly search you or grab your school bag or clothing against your will. But if the school had a lawful justification for wanting to search you (see 2. above), you could be punished for refusing to submit to the search. In some cases the police could be called.
In the future New Zealand courts may decide that in some extreme circumstances such as when there is a threat to life together with a reasonable suspicion of concealment of a weapon, a forcible search could be justified but this has not been decided yet.
In the future New Zealand courts may decide that in some extreme circumstances such as when there is a threat to life together with a reasonable suspicion of concealment of a weapon, a forcible search could be justified but this has not been decided yet.
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Latest page update: made by YouthLaw
, Mar 30 2010, 6:38 PM EDT
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