12Power of search and removal of persons

#### 12 Power of search and removal of persons 12 Power of search and removal of persons > > (1) An employee or a member of the police force may apply to an authorised officer within the meaning of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) for the issue of a search warrant if the employee or member of the police force has reasonable grounds for believing that there is in any premises a person who appears to be a person in need of a guardian and who— > > > > > (a) is being unlawfully detained against his or her will, or > > > > > (b) is likely to suffer serious damage to his or her physical, emotional or mental health or well-being unless immediate action is taken. > > > (2) An authorised officer within the meaning of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an employee or member of the police force named in the warrant— > > > > > (a) to enter any premises specified in the warrant, > > > > > (b) to search the premises for the person, and > > > > > (c) to remove the person from the premises. > > > (3) Division 4 of Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) applies to a search warrant issued under this section. > > > (4) Without limiting the generality of section 71 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), a member of the police force or a medical practitioner, or both— > > > > > (a) may accompany an employee executing a search warrant issued under this section, and > > > > > (b) may take all reasonable steps to assist the employee in the exercise of the employee’s functions under this section. > > > (5) An employee named in a search warrant, or a member of the police force, may, for the purpose of removing a person pursuant to the warrant, use all reasonable force. > > **s 12:** Am 2002 No 103, Sch 4.44 \[2\]–\[4\]; 2015 No 58, Sch 3.39 \[1\] \[4\] \[5\].