School searches

A camera was stolen from a student at my son's school, so the school searched every pupil. Are they allowed to do this?

No. The Bill of Rights Act protects all people in New Zealand from unreasonable searches, not just adults. A search should not be made of an entire school, or class, just because one student may be guilty of wrongdoing. These are known as "general searches" and will, in the absence of extraordinary circumstances, breach the Act.

Are teachers allowed to search students at all?

Generally teachers do not have the right to search children. However, it can depend on the circumstances.  A teacher could have the right if the child consents or there is reasonable grounds for suspecting a student is in possession of something that may cause harm to other students. If, for example, a student had pulled a knife and was later spotted by a teacher, it would be perfectly reasonable for that teacher to search the student.

In most cases schools search with the consent of the student, or get the police to do it. If, for example, they suspect a student has stolen property in their bag, and the request to search the bag is declined, the school may call the police and have them carry out the search.

The principals we spoke to said this doesn't happen very often. Usually the students open their bags when they're asked to.

My daughter Lani's locker was searched by a teacher. Was this legal?

If no payment has been made for the locker then it remains school property and can be searched without consent. There must, however, be reasonable grounds for suspicion as Lani has the right to a reasonable degree of privacy.  

If a student has rented the locker, the school should not conduct a search unless there are reasonable grounds to believe that the locker contains something harmful or dangerous to other students.

But doesn't Lani have the right to privacy?

Students are covered by the Privacy Act and have the same right to privacy as anyone else. Lani can complain to the Privacy Commissioner if she thinks her privacy has been breached.

Lani's right to be protected from an unreasonable search, like all rights under the Bill of Rights Act, is not absolute and can be limited.