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Weights and Measures Act 1987

Miscellaneous provisions

40: Disposal of articles seized

You could also call this:

“What happens to things taken away if they might not be correct”

If someone takes away your weights, measures, weighing or measuring tools, or goods because they think they might not be correct, here’s what can happen to those items:

If the items have been kept for at least 12 months, the Secretary can decide what to do with them. This could mean getting rid of them or using them for something else.

For things that can go bad quickly, like food, the Secretary can decide what to do with them right away. They don’t have to wait 12 months.

But remember, a judge can still say that these items should be given back to you if you ask for them using a special process called section 39.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM102964.

Topics:
Money and consumer rights > Consumer protection
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39: Restoration of articles seized, or

"Getting your seized stuff back if you think it's fair"

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40A: Compensation for loss of perishable goods, or

"Rules about getting money back for spoiled food taken by officials"

Part 7 Miscellaneous provisions

40Disposal of articles seized

  1. Without limiting the operation of any other provision of this Act as to the disposal of any weight, measure, weighing or measuring instrument, or goods seized and detained pursuant to section 28(6), any such weight, measure, weighing or measuring instrument, or goods that has or have been detained for not less than 12 months may be disposed of in such manner as the Secretary may direct.

  2. Notwithstanding anything in subsection (1), any perishable goods seized and detained pursuant to section 28(6) may be disposed of at any time in such manner as the Secretary may direct.

  3. Nothing in this section limits the authority of a District Court Judge to make an order for the restoration of any such weight, measure, weighing or measuring instrument, or any such goods on application made under section 39.

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Notes
  • Section 40(1A): inserted, on , by section 17 of the Weights and Measures Amendment Act 1991 (1991 No 9).