Search & Seizure

NAG 5.27

Pt England Policy 2013 

SEARCH AND SEIZURE 

 RATIONALE: 

To ensure that the school environment is a safe and secure learning place, and in order to do this we must, at 

various times, check that students are not in possession of illicit items.

This policy acknowledges the Education Act Amendment and references the Ministry of Education Guidelines below.

Ministry of Education Guidelines 

http://www.minedu.govt.nz/~/media/MinEdu/Files/Boards/Support/Guidelines.pdf

PURPOSE: 

The purpose of this policy is to provide a fair and dignified process for searching personal belongings to ensure a safe and secure learning environment for students and staff and encourage improved student achievement. 

GUIDELINES: 

1. Searches may be carried out for just cause (e.g. the school is concerned that items have gone missing or a student maybe in posession of a dangerous item) 

2. Search and seizure may be carried out by authorised staff. In the case of Pt England School, the Principal authorises all regularly employed NZ Registered Teachers and the Full Time Office Staff.

3. If a teacher can justify that searching an electronic device is required for safety purposes or to effectively 

manage students’ learning then they may do so; however, they must have reasonable cause for doing so 

and any search or seizure must be performed in good faith. The device will ultimately be returned, though possibly to the care-giver, rather than the student.

4. Teachers are granted these powers in order to be able to manage their students and keep them safe in school or at school-related events (such as sports days). Situations that require the use of search and seizure powers outside of school or where a student refuses a reasonable request on the part of an authorised staff member, should be handled by the NZ Police. 

5. The policy will not prevent any urgent search of a student or their bag or locker, or seizure of property, where it is required to prevent harm to the student or other people, or to prevent damage to property. 

Any items that are retained will be stored by the school with all reasonable care. 

6. There will be no "blanket searches".

7. All searches will be carried out in a manner that ensures the dignity of the student is protected, and will be in accordance with the following process: 

PROCEDURE: 

1. Students may be asked by an authorised staff member, to empty out their pockets, or to open their bag or locker for inspection. There must be genuine cause and concern for this request to be made.

2. Students must be present at all times during a search of their personal property. 

3. If an illicit item is found on the student, or in the student’s bag or locker, the teacher may retain the item pending the appropriate inquiry or disciplinary process. 

4. If a student does not agree to the search being carried out, the student will be asked to go to the office of a member of the SMT 

5. The student will then have the opportunity to ask any questions that they have in relation to the search,  and the student’s care-givers will be contacted. The student will be supervised in an office of the SMT until the arrival of a parent or guardian. 

6. Following the arrival of the parent or guardian, the student will again be asked to empty their pockets, or to open their bag or locker for inspection. If the student maintains that they will not agree to the search being carried out, such refusal will be dealt with as a disciplinary matter. This could involve the NZ Police.

7. If a parent or guardian is not available to attend the school, a school counsellor or support worker will be asked to attend in support of the student. If the student maintains that they will not agree to the search being carried out, such refusal will be dealt with as a disciplinary matter.

The following flowchart supplied by the Ministry of Education, describes the process above.

Formulated 2013

Reviewed 2015

2018

2020

2023

2025